Need Help/Advice Please!

[georgegleung]

Hello,
This is my first posting here.
I have looked around here for answers to this situation but couldnt find
any definite answers or advice, so I figure its best to ask it directly.

My cousin who is a US citizen went to Canada on a visit ( no visa) and over stayed by about 6-7 months,
before flying out to Asia. Before he left Canada, his father visited him from the US and then became sick and is being treated
by Canadian doctors. But now, his father's condition became worse and had to have surgery.

My cousin entered Canada by driving in through the border. He left Canada by airplane to Asia about 2 months ago.
He needs to go back to Canada to see his father especially in case his condition gets really bad.

His trip back he will be going back to US first and then enter again through the border.

Since he drove in and they looked at his passport, and then flew out but didn't stamp his passport ( dont know if they stamp anymore since his passport is new and is electronic), will they even know if he overstayed?

Do you think they will keep him from entering?

What should he say at the border?

Should he say that he knows that he overstayed?

And is there any documents he should bring that might help in letting him visit again?

Please help!

Any advice is great.

Thank you so much

 

[scylla]

He should not volunteer that he has overstayed. But he must answer any questions asked truthfully. Ideally he should bring evidence that shows he has strong ties to his home country (and no intentions of overstaying). He should also bring proof if he can that his father is ill. Immigration may or may not know about all of his entires and exits. Keep in mind that passport stamps aren't by any stretch of the imagination the only things they rely on. They also have access to airline manifests and Canada & US immigration share certain records (including land border crossing information). I had a first hand experience where Canadian immigration knew about all of my husband's exits and entires into the country (both land and air) even thought his passport wasn't stamped for the vast majority.

None of us can predict what will happen at the border. Given he overstayed before, there's always a chance they'll know and this could cause problems.

If he needs to stay longer this time he should apply for an extension to his visit rather than staying illegally. He is extremely lucky that Canada has such generous rules when it comes to overstays. If the countries were reversed (i.e. he was a Canadian who had overstayed in the US) he would now have a three year ban from entering the US.

 

[Shawnjoel]

I have some question I am now a Permanent resident of Canada 3 months ago I am planning to go to the Philippines in about months from now and plan of getting married my question is can I sponsor my spouse right away once we get married? thank you