H4 overstay in US, can apply consular processing in Canada due to PR?

[shenanigans]

Hi,
My wife's passport renewal got delayed and she will be forced to overstay for 7 days in the US until she can get the passport and exit the border.
There is a consular shopping bar which applies to anyone who overstays for > 1 day which means one has to return to country of nationality to get a new visa stamp.

But I have Canadian PR, so has anyone successfully applied for consular processing in Canada because of PR status instead of having to return back to India to get a visa stamp to re-enter US?

 

[scylla]

Hi,
My wife's passport renewal got delayed and she will be forced to overstay for 7 days in the US until she can get the passport and exit the border.
There is a consular shopping bar which applies to anyone who overstays for > 1 day which means one has to return to country of nationality to get a new visa stamp.

But I have Canadian PR, so has anyone successfully applied for consular processing in Canada because of PR status instead of having to return back to India to get a visa stamp to re-enter US?

I thought country of nationality referred to the country (or countries) where you are a passport holder / have citizenship. I didn't think this extended to PR holders. However I'm not sure how the US defines this for the purposes of this rule.

You mention that you have Canadian PR. Does your wife as well?

 

[shenanigans]

I thought country of nationality referred to the country (or countries) where you are a passport holder / have citizenship. I didn't think this extended to PR holders. However I'm not sure how the US defines this for the purposes of this rule.

You mention that you have Canadian PR. Does your wife as well?

Yes, both of us have valid PRs in Canada.

 

[shenanigans]

It was a non issue, H4 overstays dont matter. Any land border CBP office fixes it and it also doesnt matter how long the overstay was as long as there was valid i797.