B2 overstay with approved I-130, denied entry into US - please help!

studentdoc

New Member
Hey everyone,

I am a Canadian citizen with a Canadian passport. My parents are green card holders in the US.

I am a medical student and was completing third year of medical school in the US. In december 2011, I entered the US with a B2 Visa, to visit my parents.

I came to Canada on August 2012, and did not know that there is a 6 month limit on B2 visa (I usually only get one month off in medical school). Between December 2011- August 2012, here's what I was doing:
December: visiting my parents
January - March: preparing for my US Medical Licensing exam Step 1 (USMLE Step 1)
April: Took my USMLE Step 1
May 2: received my passing score on Step 1
May 7 - present: Have been doing medical rotations, working 12 hrs/day x 6 days per week in a county hospital.

Customs denied me entry into the US because:

1) I overstayed on my B2 Visa by 65 days
2) I have an approved I-130 (sponsored by my parents), consulate processing, however I will not receive my green card for another 5 years as the system is backlogged.

My primary residence is in Canada, which I can prove with the fact that I have a house here (which my parents bought me, so it's under their name), bank statements and wireless account.

I need to get back to the US as soon as possible, I've already missed day 2 of my surgery rotation.

Please advise me on if you've heard of anyone with a similar situation, what is the timeline I can expect to get back into the states?

I was unaware that I had overstayed, nor did I know that having an I-130 would complicate the matter. I am willing to let go of my I-130 as education is the most important thing to me and I need to return to my rotation as soon as possible.

My questions are:

1) What is the fastest way I can re-enter the US
2) Will this affect me in the future when I attempt to re-enter the US

Thank you.
 
Last edited by a moderator:
Do you actually have a B-2 visa in your passport and you were issued an I-94 the last time you entered? Or you are talking about the default 6 months entry given to Canadian visitors?

I am a Canadian citizen with a Canadian passport. My parents are green card holders in the US.

I am a medical student and was completing third year of medical school in the US. In december 2011, I entered the US with a B2 Visa, to visit my parents.
 
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