Overstayed

[Carlos Farias]

Hello!

I need some help, please! I overstayed my tourist visa and I when return to US in 2007 the immigration officer cancel my visa, he said I was going to be 5 years banned and sent me back home! now I am applying for a Canadian work permit under (LMIA) program, What should I do to avoid to be denied my application?

 

[russ6970]

You need to tell them about your overstay in the 2007. If you don't, this will be misrepresentation and you will be banned for 5 years. Did you get banned for 5 years before?

 

[Carlos Farias]

You need to tell them about your overstay in the 2007. If you don't, this will be misrepresentation and you will be banned for 5 years. Did you get banned for 5 years before?

Yes, I got my tourist visa canceled and banned for 5 years in Miami airport in 2007, after that, I never returned to the US again! it has already passed 11 years since this happened.

 

[russ6970]

Doesn't matter how long ago it was, you have to declare it. How long did you overstay? Be prepared to have any application scrutinized because of this. To be honest you will have to be very convincing in your SOP to make their mind up that you won't overstay in Canada as well. I have my doubts whether you will be successful though.

 

[Carlos Farias]

Doesn't matter how long ago it was, you have to declare it. How long did you overstay? Be prepared to have any application scrutinized because of this. To be honest you will have to be very convincing in your SOP to make their mind up that you won't overstay in Canada as well. I have my doubts whether you will be successful though.

thank you!
I have already talked to a Canadian lawyer, he said it will depend on how strong my ties are in my home country but I need to disclose everything. he will prepare a legal opinion letter for me to attach to my process explaining the incident.

 

[canuck_in_uk]

thank you!
I have already talked to a Canadian lawyer, he said it will depend on how strong my ties are in my home country but I need to disclose everything. he will prepare a legal opinion letter for me to attach to my process explaining the incident.

You don't need a legal opinion letter for a visitor overstay and it won't make a difference, so save your money. Given that the overstay was over 10 years ago, as long as you can show strong ties to your country like any other visitor, you should be fine.

 

[Carlos Farias]

You don't need a legal opinion letter for a visitor overstay and it won't make a difference, so save your money. Given that the overstay was over 10 years ago, as long as you can show strong ties to your country like any other visitor, you should be fine.

Thanks for your reply!

But I won´t only visit Canada, I am applying for a Canadian work permit under (LMIA) program to work for 24 months in Alberta. Do think if I show strong ties, will I be fine? When I overstayed my u.s tourist visa I was 26 years old very imature having no idea about consequences, now I am 40 years old married I also have little daughter and they are travelling with me, I would never live ilegal with them anywhere in the world risking their integrity and rights we have a restaurant for 9 years and two properties here that we need to take care after this period in Canada I hope they understand my case.

 

[canuck_in_uk]

Thanks for your reply!

But I won´t only visit Canada, I am applying for a Canadian work permit under (LMIA) program to work for 24 months in Alberta. Do think if I show strong ties, will I be fine? When I overstayed my u.s tourist visa I was 26 years old very imature having no idea about consequences, now I am 40 years old married I also have little daughter and they are travelling with me, I would never live ilegal with them anywhere in the world risking their integrity and rights we have a restaurant for 9 years and two properties here that we need to take care after this period in Canada I hope they understand my case.

Provided you can show strong ties, the US overstay should not affect your app.

 

[Carlos Farias]

Provided you can show strong ties, the US overstay should not affect your app.

Alright! Thanks for your help! I really appreciated that!