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Impact of Overstay in USA on Canada PR

Mahe202002

Newbie
Aug 21, 2018
3
0
Hi Guys..I filed for my H-1B Visa extension and it was denied. After the denial decision was made, i stayed for 41 days, before i have voluntarily departed US. I believe this 41 days will be considered as OVERSTAY. I was trying sort out things as my family will still stay in US after my departure.

Q1: I want to know if this overstay will impact my chances of get Canada PR through Express Entry?
Q2: Do i need to mention about this in my post ITA application? If yes, where should i provide details to Canada visa officers?
 

yourfather

Hero Member
Jan 31, 2018
371
217
Both are two different countries. As long as a felony doesnt make it to the fbi report, you shud be good. That overstay will be used against you, only when you enter the US or apply for any US visa again. Othee country's have nothing to do with it.
 
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Mahe202002

Newbie
Aug 21, 2018
3
0
Both are two different countries. As long as a felony doesnt make it to the fbi report, you shud be good. That overstay will be used against you, only when you enter the US or apply for any US visa again. Othee country's have nothing to do with it.
Thank you so much for your response!
I haven't submitted my FBI PCC report yet. So let's wait and see!
Do i need to mention anywhere in the ITA application about this overstay to Canada Immigration Officers? If yes, where should i do that?
 

yourfather

Hero Member
Jan 31, 2018
371
217
Thank you so much for your response!
I haven't submitted my FBI PCC report yet. So let's wait and see!
Do i need to mention anywhere in the ITA application about this overstay to Canada Immigration Officers? If yes, where should i do that?
I dont think its required. Its not an issue, until it is raised against you and gets recorded. If questioned then answer appropriately.
 

vaishnavi

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Thank you so much for your response!
I haven't submitted my FBI PCC report yet. So let's wait and see!
Do i need to mention anywhere in the ITA application about this overstay to Canada Immigration Officers? If yes, where should i do that?
Honestly speaking it might not have a negative impact on your application provided you declare that you overstayed. US and Canada literally share everything. So in case you don't declare it and was found in background check then it will be considered as misinterpretation leading to 5 years ban.
 

yourfather

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Jan 31, 2018
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Honestly speaking it might not have a negative impact on your application provided you declare that you overstayed. US and Canada literally share everything. So in case you don't declare it and was found in background check then it will be considered as misinterpretation leading to 5 years ban.

If they both share everything, then why dont we use our H1Bs instead of a separate PR application? Overstay is different and travel ban is different. You can overstay if you are admitted in a hospital with a critical injury.

Is the overstay recorded somewhere in the form of a ban? Also do note that you have 90 days for any ban or action to be implied on you due to overstay.

My personal experience,
I overstayed my i94 once due to my passport renewal. I94 expired with my old passport, which I didnt notice. I went to Canada and got back in to refresh my i94 for the next 3 yrs. Had it been 90 days, I would have received a 3 yr ban to enter US.

Instead of hear/say, its better to consult a immigration lawyer or consultant once and update this forum to enlighten others. Thanks