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Overstayed in the U.S. can I get Canadian Green card?? PLease HELP!!!

alylosan

Star Member
Mar 8, 2011
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Hello,

I have completed everything and I am only waiting on my Passport Request. I was wondering if I overstayed in the US for a maximum of 3 months would I still get my canadian greencard?? Would the Visa Office stamp my passport if they noticed that I overstayed??
 

barsindoo

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Jul 7, 2009
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Whilst over staying in the USA isn't good, it won't damage your chances of obtaining PR status in Canada.
 

dodan

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Mar 7, 2010
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of course one does not want to over-stay in anywhere. however, ho wit will affect your canada pr?
 

bsrk68

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Dec 15, 2010
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App. Filed.......
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No it won't affect the case. However, you may not be able to enter US in the future, since there's a chance that you might be tagged for overstaying when you exit the country. Don't enter Canada directly from US. Go to your home country and return to Canada.
 

alylosan

Star Member
Mar 8, 2011
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Thank you guys. That was very helpful. but I was planning to enter Canada from the US. Ahhk we will see
 

omm

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Aug 27, 2009
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alylosan said:
Thank you guys. That was very helpful. but I was planning to enter Canada from the US. Ahhk we will see
anyway yes visa office will stamp it , it wouldn't affect your process. you can enter to Canada from USA and even from your home country, nothing special if you enter from USA or from your home country, but you will sure ban for re-enter to USA (atleast for several years (even you can not land for airport transit) , I don't know how many years will banned you but POE will gives you that all information once you departure for Canada/home country).

OMM
 

alylosan

Star Member
Mar 8, 2011
74
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omm said:
anyway yes visa office will stamp it , it wouldn't affect your process. you can enter to Canada from USA and even from your home country, nothing special if you enter from USA or from your home country, but you will sure ban for re-enter to USA (atleast for several years (even you can not land for airport transit) , I don't know how many years will banned you but POE will gives you that all information once you departure for Canada/home country).

OMM
Thanks OMM,

If I overstay it would probably be 3 months maximum because I am just on my last stage just waiting for passport request.
 

terem-teremok

Full Member
Jun 10, 2011
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bsrk68 said:
No it won't affect the case. However, you may not be able to enter US in the future, since there's a chance that you might be tagged for overstaying when you exit the country. Don't enter Canada directly from US. Go to your home country and return to Canada.
I think it's better to enter directly from US. That way you won't be passing through US post, only Canadian when you enter. Since there is no "exit" only "entrance". So there is no chance to get "tagged" by US side. Unless you actually stop by US post before getting to the Canadian one.
Anyway, you have no chance to enter US till you become a Canadian citizen.
 

omm

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Aug 27, 2009
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doen't matter but your stay is over stay and its not leagal stay.

Lets take An Example : If police party arrest you and they found your stay is overstay , this means you will be deported form USA in this case.

OMM
 

omm

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Aug 27, 2009
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Read more about overstay in USA :

http://www.immigrationkb.com/Uwe/Forum.aspx/canada/12121/deported-from-usa-for-overstay-can-i-still-apply-for-skilled-worker
http://www.murthy.com/overstay.html
http://www.visapro.com/Immigration-Articles/?a=173&z=64

OMM
 

terem-teremok

Full Member
Jun 10, 2011
26
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omm said:
Read more about overstay in USA :

http://www.immigrationkb.com/Uwe/Forum.aspx/canada/12121/deported-from-usa-for-overstay-can-i-still-apply-for-skilled-worker
http://www.murthy.com/overstay.html
http://www.visapro.com/Immigration-Articles/?a=173&z=64

OMM
Good links OMM. Informative.
However not quite an answer to the question. The answer to the question is: the one will not have any problems crossing the border with US on the way to Canada. The one will not be able to obtain a visa to US (99.9% denial). The one will have to wait till he/she become a citizen of Canada to get to visit his/her friends/family in US. Otherwise don't see any problems.
P.S. And yes, overstaying is illegal, but your Canadian passport washes it off.
 

alylosan

Star Member
Mar 8, 2011
74
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Thank you guys. I am not planning on coming back to the US and hopefully I wont get arrested. I just wanted to make sure Canada would still stamp my passport and give me the green card. If me overstaying here won't affect Canada giving me the green card then I am good. My family is not in the US anyway I just came here for school. Friends are on facebook and they could come visit me lol
 

omm

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Aug 27, 2009
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terem-teremok said:
Good links OMM. Informative.
However not quite an answer to the question. The answer to the question is: the one will not have any problems crossing the border with US on the way to Canada. The one will not be able to obtain a visa to US (99.9% denial). The one will have to wait till he/she become a citizen of Canada to get to visit his/her friends/family in US. Otherwise don't see any problems.
P.S. And yes, overstaying is illegal, but your Canadian passport washes it off.
Both way exit and enter USA and canada will check your immigration status.

OMM