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Port of entry - overstayed the time allowed by his visa in the USA

Emily Eyefinger

Full Member
Oct 13, 2012
20
0
My parents need to go have their work permit replaced with the new LMO and job offer.
They are planning to go to Canada-US border to do so.
But the problem is, as my subject indicates, that my father had stayed in the States three years ago as an undocumented alien after his application for green card was denied. He had to wrap things up before he came back to his home country. He is now working in Canada.
If he goes to the border, will he be able to flagpole to Canada without trouble? He is worried that the US officials may not sign the papers needed to return to Canada. Well, he is technically not entering the US, just flagpoling.

Can anyone shed an insight on this matter for my hardworking parents?
 

SenoritaBella

VIP Member
Jan 2, 2012
3,673
194
Category........
Visa Office......
Dakar
Job Offer........
Pre-Assessed..
App. Filed.......
08-01-2014
AOR Received.
12-02-2014
File Transfer...
25-02-2014
Med's Request
02-11-2015
Med's Done....
18-09-2013
Passport Req..
02-11-2015
VISA ISSUED...
hopefully soon
LANDED..........
hopefully soon
There is the option of applying online too if he is worried.
 

cathlyn7

Full Member
Mar 8, 2012
45
0
Job Offer........
Pre-Assessed..
Emily Eyefinger said:
My parents need to go have their work permit replaced with the new LMO and job offer.
They are planning to go to Canada-US border to do so.
But the problem is, as my subject indicates, that my father had stayed in the States three years ago as an undocumented alien after his application for green card was denied. He had to wrap things up before he came back to his home country. He is now working in Canada.
If he goes to the border, will he be able to flagpole to Canada without trouble? He is worried that the US officials may not sign the papers needed to return to Canada. Well, he is technically not entering the US, just flagpoling.

Can anyone shed an insight on this matter for my hardworking parents?
 

bearcold

Newbie
Mar 1, 2013
7
0
Emily Eyefinger said:
My parents need to go have their work permit replaced with the new LMO and job offer.
They are planning to go to Canada-US border to do so.
But the problem is, as my subject indicates, that my father had stayed in the States three years ago as an undocumented alien after his application for green card was denied. He had to wrap things up before he came back to his home country. He is now working in Canada.
If he goes to the border, will he be able to flagpole to Canada without trouble? He is worried that the US officials may not sign the papers needed to return to Canada. Well, he is technically not entering the US, just flagpoling.

Can anyone shed an insight on this matter for my hardworking parents?
yes, he can do flagpoling. he has to go through the us customs and immigrations office when he does and they will advise your father that he will not be able to come back(or enter) the usa if they find out his illegal immigration record but they will let him do flagpoling

they will not arrest or take him into custody if he doesn't have any outstanding arrest warrant in the usa and he already left the usa by himself last time.

all they can do is not allowing him into the usa, but they will not arrest him so don't worry so much
 

rg2012

Star Member
Sep 14, 2012
116
0
Job Offer........
Pre-Assessed..
Flag pole without going to the US Border....that's how I did my "landing" at Fort Erie. I didn't cross the bridge, I basically just made a u-turn at the Canada Border plaza and told them that I did so. Absolutely no issues.
 

PMM

VIP Member
Jun 30, 2005
25,494
1,949
Hi


rg2012 said:
Flag pole without going to the US Border....that's how I did my "landing" at Fort Erie. I didn't cross the bridge, I basically just made a u-turn at the Canada Border plaza and told them that I did so. Absolutely no issues.
CBSA no longer allows the "U" turn, you have to get an administrative rejection from the US.