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Canadian overstay in the us. Any suggestions appreciated

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  • Canadian overstay in the us. Any suggestions appreciated

    Question for Canadians or U.S citizens that may have been through something similar.

    I'm from New York. I fell in love with a women from Canada. She visited July 2014. Went back after 2 weeks.
    She then came back a month later and stayed 5 months then went back December 23rd 2014 and returned January 3rd 2015.

    The plan was to get married and request adjustment of status. Then her grandmother got really sick in August 2017 and she returned to say her goodbyes.

    We checked her travel records online. It only shows her arrivals in the US. Doesn't show any departures. She claims in august they never scanned her passport.

    How would she have a 3-10 year ban if the Canadian border never scanned her passport? How would the United States know she left or not?

    If she is banned. Is there any way to petition her back if I marry her in Canada?

    Any suggestions would be appreciated.

    I have heard stories of Canadians not receiving automatic bans for over stays. Some say it's up to the border agents to allow entry or force a ban?

  • #2
    When you leave the US, immigration doesn?t not mark your exit, airlines do

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    • #3
      Originally posted by obeymyego View Post
      Question for Canadians or U.S citizens that may have been through something similar.

      I'm from New York. I fell in love with a women from Canada. She visited July 2014. Went back after 2 weeks.
      She then came back a month later and stayed 5 months then went back December 23rd 2014 and returned January 3rd 2015.

      The plan was to get married and request adjustment of status. Then her grandmother got really sick in August 2017 and she returned to say her goodbyes.

      We checked her travel records online. It only shows her arrivals in the US. Doesn't show any departures. She claims in august they never scanned her passport.

      How would she have a 3-10 year ban if the Canadian border never scanned her passport? How would the United States know she left or not?

      If she is banned. Is there any way to petition her back if I marry her in Canada?

      Any suggestions would be appreciated.

      I have heard stories of Canadians not receiving automatic bans for over stays. Some say it's up to the border agents to allow entry or force a ban?
      As I commented on your question on a different site (where I have a different username) she likely has a 10-year ban starting from August 2017.

      The thing about Canadians is that if a Canadian is not issued an I-94 at entry, they do not automatically start accruing "unlawful presence" since that only happens if they stay past the date on their I-94 (and if no "unlawful presence", then no ban), but since the arrival shows up on the website, I assume that an electronic I-94 was issued. When you go to the part of the website to print the current I-94, does it show an I-94 or not? (Though it might not be there if she has already left.) I am not sure how to definitely check whether she received an I-94 at entry; perhaps an FOIA request to CBP can get that information.

      This is my personal opinion and is not to be construed as legal advice.

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      • #4
        The US consulate in Canada will determine her admissibility when she applies for her fiancee visa (if you're both unmarried at that time) or immigrant visa (if you're both married at that time)

        "How would she have a 3-10 year ban if the Canadian border never scanned her passport? How would the United States know she left or not?" -- She would trigger the ban by virtue of departing the United States, regardless of whether it was documented or observed. The US Department of State will know about it when she completes her travel history in her visa application form. The lifetime bar for misrepresentation serves as a deterrent to "fudging the details" in the application

        "If she is banned. Is there any way to petition her back if I marry her in Canada?" -- A waiver is available to spouses & children of US citizens & residents who would face extreme & unusual hardship as a result from the foreign persons prohibition from entry to the United States

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        • #5
          inadmissible, would you be able to message me? I have a question I'd like to ask in private.

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