Timeline for Canadian overstayed in the US for 14 years. Can I leave to Canada and return back to the US?
Current License: CC BY-SA 4.0
11 events
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| Aug 10, 2018 at 16:59 | history | edited | user102008 | CC BY-SA 4.0 |
update section number
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| Oct 30, 2017 at 18:19 | comment | added | user102008 | @JimMacKenzie: Since mid-2013, people arriving by air (and more recently by land I believe) don't get paper I-94s, and get electronic I-94s instead. You probably got electronic I-94s if you arrived by air in the last few years. | |
| Oct 30, 2017 at 16:56 | comment | added | Jim MacKenzie | Canadian citizens merely visiting the US for business or personal reasons don't require an I-94. One may be required in less common situations, such as long-term stays or in the few cases when Canadians need visas, but I'll let those who are more in the know than I am comment on this. I am a Canadian citizen, resident in Canada, and visit the US about 10-12x/year by land and every couple of years by air, and have never needed an I-94. | |
| Oct 30, 2017 at 16:25 | comment | added | user102008 | @phoog: Yeah it's kind of messed up if CBP has their own interpretation. But in practice it's not going to matter in the OP's case, because she's either 1) entering as a nonimmigrant, in which case she better hope they don't know about her previous stay, because if they did they would almost certainly deny her entry as a nonimmigrant even if she had no ban; or 2) entering as an immigrant, which means she already got an immigrant visa from a US consulate, which determined she doesn't need a waiver; I don't think CBP would deny entry in this case. | |
| Oct 30, 2017 at 15:44 | comment | added | user102008 | @axsvl77: Well the OP can get a Canadian passport, but that may take too long to get back to her mother quickly. The Canadian consulate may be able to issue an emergency passport quicker. If she has a provincial driver's license or ID, she can use that; I am not sure how she can completely not have ID. Unfortunately, an ID is needed for most solutions; e.g. to get married. I guess if she just needs to get back to Canada immediately, she can try to just show up at the border and as long as she can prove citizenship, they will let her in, but I am not sure how she would do that without any ID. | |
| Oct 30, 2017 at 13:17 | comment | added | Astor Florida | This is the best answer; provides information. What about OP's lack of identification? How will they get back to Canada? | |
| Oct 30, 2017 at 6:59 | comment | added | phoog | What about the apparent change in policy towards Canadians in 2013 (see for example russianspeakinglawyerny.com/…). | |
| Oct 30, 2017 at 5:44 | comment | added | user102008 | @chx: Sorry I assumed it in that paragraph; I have added more qualifiers | |
| Oct 30, 2017 at 5:44 | history | edited | user102008 | CC BY-SA 3.0 |
added 131 characters in body
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| Oct 30, 2017 at 5:42 | comment | added | user4188 | See, you have elaborated why OP might not have accrued any unlawful presence yet you say "if you leave the US, you trigger a ban" and why would that be if OP doesn't have any unlawful presence? | |
| Oct 30, 2017 at 5:19 | history | answered | user102008 | CC BY-SA 3.0 |