What is the procedure of returning to Canada after overstaying a visit to the US

[Leelanne]

Thank you for taking the time to read my inquiry, I am terrified of being in this situation and welcome any advice I can receive. This is my situation...
I was born and raised in Canada, now 36 years old with a Canadian Passport. I met my "boyfriend" online a few years ago who is from New York and we had visited each other (I went to NY and he came to Canada) many times. This worked well for us for a while until my visit to him in NY, which I arrived April 9th of 2012. I traveled by greyhound as I always have and made it through the border/customs without any problems. The big problem I am facing now is that I have stayed here in NY since that date without returning home in Canada for over 2 years!! I have heard that I will likely be banned from ever coming back to the US for up to 10 years for overstaying the time allowed to be here but what I am desperate to find out and to prepare myself for is...What is going to happen to me when I get on the bus and return to Canada after all this time? I will have to go through the border/customs but will I be punished, held, or detained? Will I face any charges? Please keep in mind that there will be a bus filled with people waiting for me to get back on it, in order to continue it's route to Toronto. I am so scared of this process but when I think logically, I would like to believe that there may be no issue at all to return to my birth country. That's hopeful thinking of course. PLEASE HELP with any advice and/or knowledge you may have. If you prefer to communicate personally, I welcome your emails at kelly78mills@yahoo.com Thank you all!

 

[scylla]

You will have no issues leaving the US or re-entering Canada. As a Canadian citizen, there is no reason to be concerned about being able to re-enter Canada and Canada won't care that you have overstayed in the US. Similarly, the US will not make any attempt to detain you as you leave the US and you will not face any charges.

Having said that, you are correct in understanding that once you leave the US, you will technically receive an automatic 10 year ban from re-entering the US due to your overstay. You should not try to re-enter the US until this 10 year period has passed. If you do try to re-enter the US before the 10 year period has passed, there is a chance you could be detailed and it's likely you will then be banned for a period of 20 years.

Again, you have absolutely nothing to worry about when it comes to leaving the US and returning to Canada. Your issue is being able to return to the US in the next 10 years.

Hope this helps.

 

[scylla]

Just to add... If your relationship with your boyfriend is ongoing and still serious, and assuming he's American himself, it would be better for you to remain in the US and for him sponsor you for a greencard - rather than you leave. If you do this, your overstay will be forgiven. But again, this depends on your relationship with your boyfriend being ongoing and serious.