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Previous US Tourist Visa Overstay - Is my chance of acquiring Canadian TRV now slim?

LDRLDM

Full Member
Oct 8, 2016
46
0
Background: My parent filed F2B Permanent Resident Visa while I was on a US Tourist Visa. I made a mistake in overstaying my visa in the hopes of adjusting my status in the USA. Ignorant, yes. I also mindlessly followed hearsays and whatnots that I could adjust my status there. Surely, I did not think of its repercussions, and I regret this.

Now I want to apply for a TRV while my Outland Spousal Application is in process. Is my chance slim of acquiring one given my history of an overstay?

I'd like to hear your thoughts about this. Thank you.

Please know that this time, I have no intention of overstaying the TRV as I am now fully aware of the rules and laws of Canadian Immigration. Thank you.
 

scylla

VIP Member
Jun 8, 2010
95,848
22,112
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
How long was the overstay? When did you leave the US (how long ago)?
 

LDRLDM

Full Member
Oct 8, 2016
46
0
scylla said:
How long was the overstay? When did you leave the US (how long ago)?
Hi, Scylla. I remember you helping me the first time I posted here. Thanks again. It was a 4-year overstay. I left the US in my own volition earlier this year.
 

scylla

VIP Member
Jun 8, 2010
95,848
22,112
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
In that case I unfortunately think your chances of being approved for a TRV are likely nil. If it had been a short overstay and/or you had left the US years ago - that would be a more favourable situation. But given the length and recency, I'm not sure there's much hope of an approval. Having said that, you can certainly try.

As an aside, please make sure you stay far away from the US and the US border for the next 10 years. Unfortunately the US is very militant when it comes to overstays...
 

Hasan9999

Champion Member
Sep 28, 2013
1,474
169
Ontario
Category........
FAM
Visa Office......
SVO
App. Filed.......
August 2013
LANDED..........
December, 2016
LDRLDM said:
Background: My parent filed F2B Permanent Resident Visa while I was on a US Tourist Visa. I made a mistake in overstaying my visa in the hopes of adjusting my status in the USA. Ignorant, yes. I also mindlessly followed hearsays and whatnots that I could adjust my status there. Surely, I did not think of its repercussions, and I regret this.

Now I want to apply for a TRV while my Outland Spousal Application is in process. Is my chance slim of acquiring one given my history of an overstay?

I'd like to hear your thoughts about this. Thank you.

Please know that this time, I have no intention of overstaying the TRV as I am now fully aware of the rules and laws of Canadian Immigration. Thank you.
Hi,

It is very unlikely to get a TRV approved pending spousal sponsorship application notwithstanding the fact that you have overstayed four years of your past US visit visa...

Hasan
 

LDRLDM

Full Member
Oct 8, 2016
46
0
scylla said:
In that case I unfortunately think your chances of being approved for a TRV are likely nil. If it had been a short overstay and/or you had left the US years ago - that would be a more favourable situation. But given the length and recency, I'm not sure there's much hope of an approval. Having said that, you can certainly try.

As an aside, please make sure you stay far away from the US and the US border for the next 10 years. Unfortunately the US is very militant when it comes to overstays...
Thank you for this information. Yes, I will avoid running into the border for the next ten years. Though this is a very sad news for me because my whole family lives in the USA. To be honest, I don't really know what happened with my US PR app, all I know was that I turned 21 and my father ended up filing F2B app 3 weeks after my 21st birthday. Irrelevant, yes, but sad.

Anyway, how about my chances of my spousal app getting approved, is it slim as well? This may be relevant or not, but I worked there too without having the right to do so. What do you think about that too? I am in a mess. :( Thank you. Relationship with my sponsor is 100% genuine.
 

scylla

VIP Member
Jun 8, 2010
95,848
22,112
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
As long as you were 100% honest about your US immigration history in your PR application, you should have no issues being approved.
 

LDRLDM

Full Member
Oct 8, 2016
46
0
Hasan9999 said:
Hi,

It is very unlikely to get a TRV approved pending spousal sponsorship application notwithstanding the fact that you have overstayed four years of your past US visit visa...

Hasan
I understand. Thank you.
 

LDRLDM

Full Member
Oct 8, 2016
46
0
scylla said:
As long as you were 100% honest about your US immigration history in your PR application, you should have no issues being approved.
Thank you, Scylla. I have mentioned in the forms that I overstayed my status in the USA (Schedule A/ Background Declaration). But there is nowhere in the application that I have mentioned the reasons I overstayed because it never asked for one. Am I in trouble now? I was actually contemplating on explaining my side beforehand in the Development of the Relationship or Additional Details to prove Rel. is Genuine but I ended up not justifying the overstay because I never really knew where to put it. *sigh*