Canadian citizen, returning to canada after overstay in US?

S

squeegie

New Member
I am a canadian citizen living in the US (I entered with my birth certificate and ID)
I live with my partner, who is a US citizen.
I have a 2 year overstay and face the 10 year ban.
We're moving to canada together in a couple months, now that canada allows same sex marriages we're planning to marry, and I will sponsor my partner.

I wonder, what exactly will happen when we arrive?
Will they just be upset with me, or will I face charges?
Will they deny my partner entry because of my overstay?
Does the ban happen as soon as I go home, or is it when I try to return to the US?
Will my overstay affect our sponsorship application?
If my partner has to come back for an immigration interview, do I have to be there too?
What about bringing our belongings to canada with us? What can we bring?
We have furniture and things...should we ship them or use a u-haul?
We also have wedding gifts...
Do we need special forms for any of it?
What can I do to make returning to canada go a little smoother?

I know it's alot of questions, but it's really been scaring me. Ive tried to get them answered but nobody seems to know. Hopefully someone here will be kind enough to help?
I wish everyone the best in thier immigration processes...good thoughts go out to all of you. Thanx :)
Squeegie :p
 
squeegie said:
I am a canadian citizen living in the US (I entered with my birth certificate and ID)
I live with my partner, who is a US citizen.
I have a 2 year overstay and face the 10 year ban.
We're moving to canada together in a couple months, now that canada allows same sex marriages we're planning to marry, and I will sponsor my partner.

I wonder, what exactly will happen when we arrive?
Will they just be upset with me, or will I face charges?
Will they deny my partner entry because of my overstay?
Does the ban happen as soon as I go home, or is it when I try to return to the US?
Will my overstay affect our sponsorship application?
If my partner has to come back for an immigration interview, do I have to be there too?
What about bringing our belongings to canada with us? What can we bring?
We have furniture and things...should we ship them or use a u-haul?
We also have wedding gifts...
Do we need special forms for any of it?
What can I do to make returning to canada go a little smoother?

I know it's alot of questions, but it's really been scaring me. Ive tried to get them answered but nobody seems to know. Hopefully someone here will be kind enough to help?
I wish everyone the best in thier immigration processes...good thoughts go out to all of you. Thanx :)
Squeegie :p
Click to expand...

Canadian authorities don't care about your overstay in the US or any other country. Your ban starts as soon as you leave the US, assuming you get caught :).

Brian
 
Im confused...:(

I quote:

"Your ban starts as soon as you leave the US, assuming you get caught :)"

Im not sure I understand. Get caught? I'd be leaving to go home, and they'd only know about it when I arrive in Canada. How would I be "caught" exactly?
I thought that as soon as I give them my ID they'll see in the computer that Ive been in the US so long, and "catch" me... is that what you meant?
Thanx! :D

ps..I'd also heard that the ban does not apply to visa exempt citizens like me, since there is no I-94 to overstay. Is that true?
 
squeegie said:
I quote:

"Your ban starts as soon as you leave the US, assuming you get caught :)"

Im not sure I understand. Get caught? I'd be leaving to go home, and they'd only know about it when I arrive in Canada. How would I be "caught" exactly?
I thought that as soon as I give them my ID they'll see in the computer that Ive been in the US so long, and "catch" me... is that what you meant?
Thanx! :D

ps..I'd also heard that the ban does not apply to visa exempt citizens like me, since there is no I-94 to overstay. Is that true?
Click to expand...

The ban does apply to you. There are plenty of Canadian Citizens with 3 or 10 year bans. Yes, the Canadian authorities have your name when you come back. Yes, the US side can access that information. Yes, you may not get caught unless somebody goes looking for it.

Brian
 
Attn. Brian (or anyone who knows):Question??

Hello,
Ive done a little research, but I am curious of your opinion (or knowledge) on this?
Once I decide to return to Canada, and I reach the border, what should I say? I mean, I don't plan to lie, I am just wondering, should I come out and say I was here for "such and such" years. What will they ask me?? I know they'll be curious! I haven't worked illegally (hard to believe I know) and was supported by my partner, so I am wondering what they will need from me, if anything?
I'll be re-entering by a method that will place me in Canada before I am interviewed by customs.
Do I just answer the general questions (and since they "don't care about my overstay") will I be told "welcome back" and be free to go?

Quote:
"Yes, you may not get caught unless somebody goes looking for it."

Looking for it when? When I am standing at the border, or just in general?


Thanks! :D
 
Last edited by a moderator:
Since you are a cdn citizen, you have every right to enter Canada. Cdns will ask you "how long were you outside" just to determine the value of goods you will be bringing into the country to asses the duty. You answer to this question might prompt the second question "what was your status in the U.S." and here at this point they will know your story.

But I doubt that they will record it to make it available to the US authorities. But again, as the original poster says, if they do, you will be banned from entering the US, ONLY IF you make an attempt to enter the US in future. Otherwise you do not have anything to worry about.
 
Makes sense....but

What would my "status" be?

Also...what about my partner? She's coming with me when I return, and I am sponsoring her when we settle.

As of Feb 18th 2005, law now dictates that partners applying for sponsorship as "in-canada" are allowed to stay with their partners during the process.

So, do we tell them our whole story, and that she plans to apply in canada?
 
"What would my "status" be?"

- Your status was "visitor" and if you say you "visited" the US for more than 6 months, this could reveal your story (of overstay).

"So, do we tell them our whole story, and that she plans to apply in canada?"

- Not sure on this - depends on the immigration officer whether she will be allowed when you tell them your plans.
 
I don't think your overstay has anything to do with your country of birth or residence. Unless you are a wanted criminal from the states then that would be a different issue. Your partner who is a US citizen has the right enter Canada without any issues. As mentioned by the other contributers. The only issue would be when you are returning to the US in a later date where they may decide to refuse you entry for violating the law but that would be at the discretion of the US authorities. Your spouse can enter and leave Canada anytime without any issues. Just check Canada customs website for items to declare and what you can bring. I think (and this is just a thought) you cannot carry a certain quatity of achohol and cigarettes neither can you carry any form of fire arms. Whether you use U-haul or jet does not count or bother anyone.
 
A correction (to the previous post):

US citizen DOES NOT have a right to enter Canada (and leave) at any time. It is a previlege (and not a right). Only cdns have the right to enter and leave canada at any time.
 
Thanks. Help with Childbirth too and Insurance

Bigboy!
Thanks for the correction. US citizens do not have the right, it is in deed a privilege for citizens of Visa Waiver nations including the US to enter cnd and so is the opposite through.

Whilst you are there. My wife is pregnant and we live in Europe. What are the Laws governing having a baby in the US or Cnda has a foreigner? What insurance cover do we need and any hospital fees we should prepare for?

Many thanks.
 
While you are a foreigner in the US/Canada, you should be ready to pay the hospital charges and the doctor's fees if you decide to deliver your baby in US/Canada (which can be very expensive). The baby will be a US/Cdn citizen if (s)he is born in US/Canada irrespective of your immigration status.

Most of the travel insurance does not cover the pre-existing conditions (your wife's pregnancy is a pre-exisiting condition, in this case) and that's why having the insurance pay for the delivery is difficult. The only way to get an insurance is to get a job in US/Canada where the employer provides you with an insurance that covers all pre-existing conditions. If this happens, you are all set!!

Good luck!
 
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