Overstayed visa in USA - no criminal record

[Ponga]

Ponga, thats what I am thinking, which is why I came to this board for other opinions! His reasoning is "he was there as a visitor (despite being there 6months +) therefore it is not required" go figure. I will look into stating "other".

Thanks Ponga, user828and Kan_Sri!

Your lawyer's logic is baffling.

Is he saying that a visitor cannot [potentially] commit a crime while visiting a foreign country?

 

[user828]

This is US Entry

<a href="http://imgur.com/8Dj3IBN"><img src="http://i.imgur.com/8Dj3IBN.jpg" title="Hosted by imgur.com" /></a>

This is Canada return

<a href="http://imgur.com/ySSpUMo"><img src="http://i.imgur.com/ySSpUMo.jpg" title="Hosted by imgur.com"/></a>

 

[user828]

IMM008 question 12. I'm not sure how to attach a screen shot of the question but they ask which country you've lived in more than 6 months and what your status was in that country. status options available include "visitor" and "other" (if you put other you have to state what "other" means)

In IMM5669 question 8 asks respondents to list their work history.

Whoever looks at the file will see that he lists his status as "visitor" yet during this period he is also working (this takes into account a 3-4 year span). Maybe I am paranoid, but I would hate for them to refuse because they think I misrepresented him

Oh that

12 - is Visitor as Entry was Visitor - other is like 'Refugee Claimant' or one which doesn't fit entry
IMM 5669 is all activities since last 10 years or age 18 - Put Date ( from and to ) and job held - although you don't have to - you can write to them he was working on visitor status ( for peace of mind )- they only need to see his FBI clearance show NO record found, heck you want to be more clean - get State Police Clearance too ( they don't ask but in some case they do ) but if you show it all, there's nothing to fear, trust me
Overstay is visa violation, not a crime - ( that too in different country )

P.S - Leave your lawyer, he will ruin your case by you not presenting his FBI clearance - > by which he means don't mention USA stay ( from Canadian Authorities ) is more baffling

BTW, once he gets Canadian PR ( which I assume is your main concern ), he might have issues entering US for visit due to prior overstay but I guess u don't care about that

 

[misisT]

Hi everyone. I also have the same situation. Stayed in the US for 10months with a tourist visa last 2011. Thus,overstayed. We are.now in the final stage of our PR application. Medicals done last week. I and my husband were requested to submit FBIclearance. What worries me now is that while in the US, we've worked under the table, bought a car, opened several bank accounts where we kept our money. We left the country as soon as we received the letter from USCIS denying our request for extension and/ change status to student visa.. But it was too late since our 6month validity has already passed.

I hope someone could share his/her thoughts on this.
Big thanks in advance!

 

[rhcohen2014]

Hi everyone. I also have the same situation. Stayed in the US for 10months with a tourist visa last 2011. Thus,overstayed. We are.now in the final stage of our PR application. Medicals done last week. I and my husband were requested to submit FBIclearance. What worries me now is that while in the US, we've worked under the table, bought a car, opened several bank accounts where we kept our money. We left the country as soon as we received the letter from USCIS denying our request for extension and/ change status to student visa.. But it was too late since our 6month validity has already passed.

I hope someone could share his/her thoughts on this.
Big thanks in advance!

an FBI clearance is not going to have information about immigration status in the us. it is strictly relating whether or not someone has a criminal record in the us - meaning they were arrested, detained, charged, or convicted of a crime. while overstaying and working under the table is not permitted for non-citizens, unless the police were involved and did any of the above, your FBI record will be clear of those activities. I do not know how deep of a check they do with US immigration. if you were not ofiicially deported from the us, then most likely they will not even know of your "overstay". being refused a visitor's extension is not a federal crime, it's not even an immigration crime. it's just a refusal from the government for you to stay longer, and probably doesn't have any bearing on whether you can return to the us or not. buying a car and opening up a bank account are not illegal acts, and you did leave when you were summoned to.

 

[misisT]

Thank u rhcohen2014. I guess we'll just cross the bridge when we get there. Since our request is already with the FBI, we'll just wait for the next instructions if indeed something comes up in their background check.. I just hope that this wouldn't result into inadmissibility to canada

 

[Ruban04]

Thank u rhcohen2014. I guess we'll just cross the bridge when we get there. Since our request is already with the FBI, we'll just wait for the next instructions if indeed something comes up in their background check.. I just hope that this wouldn't result into inadmissibility to canada

DId you get the visa yet!!!

 

[Ruban04]

Hello please reply !!!

 

[Alex54321]

Oh that

12 - is Visitor as Entry was Visitor - other is like 'Refugee Claimant' or one which doesn't fit entry
IMM 5669 is all activities since last 10 years or age 18 - Put Date ( from and to ) and job held - although you don't have to - you can write to them he was working on visitor status ( for peace of mind )- they only need to see his FBI clearance show NO record found, heck you want to be more clean - get State Police Clearance too ( they don't ask but in some case they do ) but if you show it all, there's nothing to fear, trust me
Overstay is visa violation, not a crime - ( that too in different country )

P.S - Leave your lawyer, he will ruin your case by you not presenting his FBI clearance - > by which he means don't mention USA stay ( from Canadian Authorities ) is more baffling

BTW, once he gets Canadian PR ( which I assume is your main concern ), he might have issues entering US for visit due to prior overstay but I guess u don't care about that

One thing to be a Visitor in US and overstay, but how about to be "Entered Without Inspection" in US and continue to be in US?
Should we put in form IMM008, Q10 (Current country of residence): Country - USA; Status- Other; Other - Entered Without Inspection; From - June 2000; To - Present ?
And in form IMM5669, Q6 (Personal History): From - June 2007; To - Present; Activity Type - Homemaker; Status in country - Other ?

 

[user828]

One thing to be a Visitor in US and overstay, but how about to be "Entered Without Inspection" in US and continue to be in US?
Should we put in form IMM008, Q10 (Current country of residence): Country - USA; Status- Other; Other - Entered Without Inspection; From - June 2000; To - Present ?
And in form IMM5669, Q6 (Personal History): From - June 2007; To - Present; Activity Type - Homemaker; Status in country - Other ?

Entered Without Inspection - Never seen this I would assume it would mean entered w/o immigration ( it's different to overstaying )

 

[Alex54321]

Entered Without Inspection - Never seen this I would assume it would mean entered w/o immigration ( it's different to overstaying )

Yes, that's what is says - "Entered Without Inspection" - just polite term for crossing the border to US. It does not matter how, the result is the same, authorities call it "illegal aliens", "undocumented immigrants", whatever...

With overstay visa in US it's possible to sponsor a person for US immigration by US citizen spouse without leaving country, but with EWI - very, very hard, if one can overcome "Extreme Hardship Waiver".

We know about 3/10 years bar for immigrating back to US after leaving, but the question is how to correctly/honestly fill out Canadian Forms IMM008, Q10 (Current country of residence) and IMM5669, Q6 (Personal History) in such a case.

 

[Jules82]

Hi everyone. I also have the same situation. Stayed in the US for 10months with a tourist visa last 2011. Thus,overstayed. We are.now in the final stage of our PR application. Medicals done last week. I and my husband were requested to submit FBIclearance. What worries me now is that while in the US, we've worked under the table, bought a car, opened several bank accounts where we kept our money. We left the country as soon as we received the letter from USCIS denying our request for extension and/ change status to student visa.. But it was too late since our 6month validity has already passed.

I hope someone could share his/her thoughts on this.
Big thanks in advance!

Hi misisT.
How did this go? Did you get your Canada PR. If yes. Did cic require further documents from you before issuing your ( what was it?) or did they just approve it without any further request. Pls share. A friend in the same scenario needs assistance.

 

[Miraclejj]

Hi misisT.
How did this go? Did you get your Canada PR. If yes. Did cic require further documents from you before issuing your ( what was it?) or did they just approve it without any further request. Pls share. A friend in the same scenario needs assistance.

Overstaying the VISA in US will have no impact on your Canada PR application, but you have to fully disclose the history entirely (when and how you entered US, and why you decided overstay, with all VISA attached, if applicable). Also, as somebody else posted FBI Rap Sheet will not contain any of your immigration record (If you had warrant of any kind, including immigration, then it will show on the FBI Rap Sheet), and by applying FBI Rap Sheet, it will not lead you to be exposed to ICE. And most likely your case will be transferred to your local VO for process, and if there is an interview request, you have to leave US to attend the interview, which means you will be barred 3 or 10 years or even life time from US, depends on how long you lived US illegally or if you ever misrepresented to the US immigration Authority.

As long as you are 100% honest to disclose the US immigration history, and you are qualified to immigrate to Canada, CIC will approve your case and issue your COPR without asking any additional documents.

 

[Alex54321]

Overstaying the VISA in US will have no impact on your Canada PR application, but you have to fully disclose the history entirely (when and how you entered US, and why you decided overstay, with all VISA attached, if applicable). Also, as somebody else posted FBI Rap Sheet will not contain any of your immigration record (If you had warrant of any kind, including immigration, then it will show on the FBI Rap Sheet), and by applying FBI Rap Sheet, it will not lead you to be exposed to ICE. And most likely your case will be transferred to your local VO for process, and if there is an interview request, you have to leave US to attend the interview, which means you will be barred 3 or 10 years or even life time from US, depends on how long you lived US illegally or if you ever misrepresented to the US immigration Authority.

As long as you are 100% honest to disclose the US immigration history, and you are qualified to immigrate to Canada, CIC will approve your case and issue your COPR without asking any additional documents.

Please read my timeline. I am dual US/Canada citizen, but my spouse is as you can see above is "Entered Without Inspection". All I put on application forms is that my spouse is "out of status" in US, that's all, no more details. It seems to me they do not care about US unless there are any issues with law. FBI clearance came in time, no issues there. PCC from the native country was done electronically. Whole case was took 4.5 months (Oct 20, 2017- March 08, 2018), passport with Visa and CORP on hands here in US and we are getting ready to move to Canada this summer. 10 years later we will decide whether to immigrate to US (for my spouse) or live somewhere else.

 

[Miraclejj]

Please read my timeline. I am dual US/Canada citizen, but my spouse is as you can see above is "Entered Without Inspection". All I put on application forms is that my spouse is "out of status" in US, that's all, no more details. It seems to me they do not care about US unless there are any issues with law. FBI clearance came in time, no issues there. PCC from the native country was done electronically. Whole case was took 4.5 months (Oct 20, 2017- March 08, 2018), passport with Visa and CORP on hands here in US and we are getting ready to move to Canada this summer. 10 years later we will decide whether to immigrate to US (for my spouse) or live somewhere else.

If someone legally lived in a country (no matter current status), at some point in the past, for over 12 consecutive months and still is living there, CIC has the discretion to send the application to either applicant's country of origin or the current country that the applicant resides. I did notice that when CIC decides which way they would go, they do have the applicant's current situation weight into the consideration, such as if the applicant is living with sponsor in that country, the length of the relationship, how long had the applicant lived there, how deep the applicant had put the root in that country, if the applicant has kid(s) with sponsor and etc. If they determined that the case is simple, straightforward and likely genuine, then most time than not, they will keep the case to the VO to that country. To your case, the VO is CPC-Mississauga. And also, it is because overstaying VISA or Crossing border without inspection for the first timer is a civil violation in US currently, so CIC really doesn't care about it. But if the US changes it to a felony (It might, who knows, the house tried before), then that will be a completely different animal we would talk about.

Also, the situation of your spouse doesn't apply to others that overstayed their VISA. Those had VISA has to disclose the immigration history to CIC, because they had a record with US immigration and Border Agent, and CIC will find it out easily. If they forgot to mention it or tried to omit it, that may count as misrepresentation, in the eyes of CIC.