Overstay in the US

[Limitlezz]

Hi everyone, and thank you for taking a few minutes to read this.

My story is as follows:

I am an EU citizen (Scandinavia). I am living in Texas now where I came to be with my current girlfriend. We had plans for marriage but it has not worked out between us.

I came as a tourist with a standard Visa Waiver for 90 days. Those 90 are now UP, since a few days ago - so I am an illegal.

I would like to go to Montreal and live there.
I have a friend there and I can stay there (funds are not an issue), but will there be problems getting in to Canada? I would take a train from NYC. The big question is though, are they gonna let me in?

I will be a tourist, and as far as I can read on Canadian immigration, the nordic countries of scandinavia (norway, denmark, sweden) does NOT require a visa to enter canada..

Please help! happy holidays

 

[Leon]

Since you are visa exempt to Canada, you will probably be allowed in. In most cases, they give you 6 months. As a visitor, you can not work. If you want to work, you need a work permit. When your 6 months are getting close, you can either apply to extend or go home.

 

[scylla]

To add to what Leon said, you can visit Canada - but you certainly cannot come to Canada to "live". You will also have no access to health care benefits as a visitor. Make sure you purchased travel insurance to cover yourself in case of emergencies.

Last but not least, make sure you leave the US before you overstay your US visa six months or more. As soon as you hit the six month mark it's an automatic 3 year ban from re-entering the US.

 

[Limitlezz]

You mean the 90 day tourist VISA? If I stay 6 months or more its a BAN for 3 years, but if I stay 90 days and.. lets say 1 month, its not a 3 year ban?

 

[scylla]

Once your 90 day visa expires, if you stay an additional six months to a year - it's an automatic 3 year ban from re-entering the US. If you stay an additional year or more - it's a 10 year ban.

 

[Limitlezz]

Once your 90 day visa expires, if you stay an additional six months to a year - it's an automatic 3 year ban from re-entering the US. If you stay an additional year or more - it's a 10 year ban.

I know but if I stay less than 6 months then? Like 1 month? still 3 year ban?

 

[Leon]

According to http://www.visapro.com/Immigration-Articles/?a=173&z=64 it is a 3 year ban if you overstay more than 6 months but less than a year. If you overstay more than a year, you get a 10 year ban.

However, why wait? If it's not working out with the girlfriend, you might as well leave now. A few days overstay is better than a month.

After 9-11, the US has really cracked down on people who overstayed their visas in the past. There have been cases of visa exempt people, from the UK and from Scandinavia for example, being refused entry to the US because of as little as a 2 week overstay 10 years earlier.

 

[Msafiri]

....I am an EU citizen (Scandinavia). I am living in Texas now where I came to be with my current girlfriend. We had plans for marriage but it has not worked out between us. I came as a tourist with a standard Visa Waiver for 90 days. Those 90 are now UP, since a few days ago - so I am an illegal.

I would like to go to Montreal and live there. I have a friend there and I can stay there (funds are not an issue), but will there be problems getting in to Canada? I would take a train from NYC. The big question is though, are they gonna let me in?.........

1. In addition to the overstay bans highlighted you are now ineligible to use the VWP. You will have to apply for a B2 visa and if denied get a waiver. If you had plans for marriage you should have come via the K1 route. If you try to re-enter the US on the VWP you may be permanently inadmissible to the US.

2. CBSA agent at Montreal may be concerned about you being in the US for 90+days then seeking admission into Canada for a potential 6 months...it means you have no ties to return home. They may want to know the source of your funds and grill you...it may not be pleasant. You may also get a short admission say 2 weeks. You won't know till you try but your priority is to get out of the US before you have a 180 days overstay.

3. Make sure at your port of exit from the US that the airline have collected the I-94 departure record. If not then make sure CBSA take it - they share data with the US.