Ask Me Help Desk - Question about leaving after an overstay

What happens if I overstay my visit in the us from canada (since I am from canada I am not required to have an I-94)
I have been here since dec 29 2009, I have been trying to get my visa but I haven't had the money to file and now I have to leave I have a wife and two children born in the us, my question is where do I go from here.

I am afraid I will be automatically banned so what should I say when I'm leaving, should I be completely truthful about my situation or should I try and say that I have not overstayed my visit, what would happen if I did not check in when I left at the canadian border and just went to canada by land not going through a border crossing I don't know how much information they have on me and I am not looking to break the law, I have heard a little bit about if you report an overstay you can make a inadmissabilty waiver if you have answered everything morally but I do not know how long it would take to return and start up my visa application.

I do have good reason to be in the states a wife and two kids and I have not worked illegally I have been living off my savings and my wife's income but now I'm completely out of money

If I were you I would be completely truthful with Canadian immigration; it isn't that you could be banned (I am sure that would be the least of your worries now). It will be a matter of record with Immigration when you entered into the US, they will not have a record of you returning. If you try to cross over into Canada and avoid Customs, then that will compound your errors.

If you want to be able to return to see your wife and children, be completely honest so you may be able to.

Tick

You entered lawfully, as a Canadian citizen, you are visa exempt. Your immigration violation is the overstay and if your USC wife petitions for you while you are in the US, you will be eligible for statutory relief under section 245(a). This section forgives overstays and unauthorized employment. There is no penalty fee. You must be completely honest in completing the forms. The case should take 5-6 months depending on your jurisdiction.

If you leave the US, you will trigger a 10-year bar under section 212(a)(9)(B)(ii). This is only waivable if you can prove up an extreme and unusual hardship to your USC spouse to the CONOFF at AMCON Canada. The waiver process through the ARO can take over a year for minimally qualifying cases.

You have an approvable, easy, fast case if filed with the USCIS, and a difficult, longer case if filed at AMCON. Consult with an experienced immigration attorney.

Unfortunately as I stated earlier I am unable to be petitioned since we do not have the necessarry funds I am just looking if possible not be banned for 10 years or what I would have to do if I was banned for such a period, I also wanted to bring my family with me temporarily to canada so we can save some money, I am worried as well that the canadian border official will think that they do not plan on leaving and deny my wife's entry, I know they cannot deny my children as they are canadian citizens but my wife on the other hand is not

I can't help with your facts, only the law, ergo my response.

Not likely, but you can seek a monetary hardship waiver of the USCIS filing fees, nothing else can be done. Very rarely granted.

When you leave the US, you trigger the 10-year bar. Either your wife files here for LPR or you file for your wife's Canadian landed immigrant status.

Good luck.

Quote:

Originally Posted by NYcityboy

i can't help with your facts, only the law, ergo my response.

not likely, but you can seek a monetary hardship waiver of the USCIS filing fees, nothing else can be done. very rarely granted.

when you leave the US, you trigger the 10-year bar. either your wife files here for LPR or you file for your wife's Canadian landed immigrant status.

good luck.

I find it unusual that you do not advice the OP, as I did, that you just can't hop a border into Canada and avoid customs. Your thoughts on that ?

Tick

I agree with you that he can't just go back. I was just detailing what he would have to do if he did. Definitely should not lie to either CIC or the USCIS, besides, lying under oath; there is too much information sharing with other government agencies and if there is any level of investigation, his time in the US will be documented somewhere.