OVERSTAYED VISA IN THE USA

[amitm13]

Hello All,
My wife came to May, 2004 in the u.s.a. under a 6 months visitor visa, but she overstayed up until August 2009. I got married to her in January 2009 and her paper work got approved and came to canada as a permanent resident. Now she is a permanet resident in Canada and wishes to Visit USA as a vistor. Could there be any complication due to her long overstay in the usa.

Thanks in advance.

 

[Alpha Romeo]

She will be denied entry but once she became Canadian citizen then she can go visit you. There is a bar of 3 to 10 years for those who overstayed their visa for more than a year.

 

[amitm13]

Does it matter if she is a permanent resident of Canada and now has legal status. Do I apply for a visa waiver program if she is a citizen of india.

 

[commonwealth]

Not if she already violated law. Canadian Citizenship will not guarantee entry into US; she still has a slight chance to be denied even on her Canadian Passport…Mostly depend on Interviewing officer on the POE (Port of Entry).

 

[ssanndy]

Hello All,
My wife came to May, 2004 in the u.s.a. under a 6 months visitor visa, but she overstayed up until August 2009. I got married to her in January 2009 and her paper work got approved and came to canada as a permanent resident. Now she is a permanet resident in Canada and wishes to Visit USA as a vistor. Could there be any complication due to her long overstay in the usa.

Thanks in advance.

can i ask u something? r u canadian or us citz?
also did u file for her while she was in the us or did she return to her country of origin?
when enter canada did she enter fromm us or her country of origin?
just want to know some process

 

[lenkact]

If youre a Canadian Citizen, there is no way that you be denied to the US except youre criminal. As long as youre a good Canadian Citizen you be free to travel most of the countries in the World. But if you have overstayed in the US, applying for FSW in the Canada still you may have chances because you asking to live permenently in Canada. But youre not able to apply for a temporary VISA, they may deny it. But i am not a lawer, you may consult a good Canadian Immigration Attorney for your sitiation.

 

[commonwealth]

Further details...
http://www.consular.canada.usembassy.gov/criminal_ineligibility_visa.asp

 

[ssanndy]

Further details...
http://www.consular.canada.usembassy.gov/criminal_ineligibility_visa.asp

Overstaying in a country is not a criminal offense

 

[ssanndy]

If youre a Canadian Citizen, there is no way that you be denied to the US except youre criminal. As long as youre a good Canadian Citizen you be free to travel most of the countries in the World. But if you have overstayed in the US, applying for FSW in the Canada still you may have chances because you asking to live permenently in Canada. But youre not able to apply for a temporary VISA, they may deny it. But i am not a lawer, you may consult a good Canadian Immigration Attorney for your sitiation.

I think u guys misinterpret what he is asking. His wife is already a PR in canada. They are not looking to apply for fsw. She overstay in the us and now wants to visit from canada. Just tell him that she is barred for 3-10 yrs. i doubt if the guy was a US citz.... or else he would have filed for her while in the US and she would be able to adjust in the US to PR, since she entered legally.

 

[amitm13]

Hey Guys,
Thanks for all the responses but to clarify a few things:
I am a Canadian Citizen for over 18 years and I have filed my wife's sponsorship papers from Canada while she was in the USA and already had overstayed her visa for over 4 years. Her entire sponsorship file was processed in NYC and we weren't even called for an interview. She came to Canada from USA with me by car legally. I don't need a visa for myself, I was just applying for a visa for my wife and we just need a visitor visa which I believe is a B1 or B2 visa.
Does my wife qualify for the waiver program even if she is not a criminal.

Thanks in advance for all your help

 

[lenkact]

Hello Amitam13,
Answer is "NO" most probably she will not get B-1/B-2 Visa because she had Over stayed in th US her previous visit. But try if you want.

 

[voicu]

Hey Amitm13,

So were you able to get a US visa for your wife after all ?

Thanks.

 

[voicu]

Hi everyone,

Is there everyone else, that overstayed US visa, and tehn got Canadian rezidency that tried to apply for an US visa? (Yes I am aware about the 3-10 yr barrs, but I also know their system is not perfect...)
I am just curios if anyone tried this?

Thanks.

 

[Bakula]

Hello All,
My wife came to May, 2004 in the u.s.a. under a 6 months visitor visa, but she overstayed up until August 2009. I got married to her in January 2009 and her paper work got approved and came to canada as a permanent resident. Now she is a permanet resident in Canada and wishes to Visit USA as a vistor. Could there be any complication due to her long overstay in the usa.

Thanks in advance.

 

[Bakula]

i am Canadian citizen I want get married with him he was lived USA about 10 years overstayed now he is back home he has no criminal record now we planned to get marred is it going to get any problem when he get interview about overstay