Illegally staying

N

nave

New Member
Hi guys:
My brother has been illegally staying in the US for the past 1 yr. In the meantime he has got his landing papers and will be landing in Canada this next month. He needs to come back to the US to take care of some stuff before he can go back to Canada permanently. My question is will he have any trouble crossing back to the US since he has stayed in the US even after his visa had expired. He is a commonwealth country passport holder. Any help will be appreciated. Thanks
 
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where was his passport issued ? if it was issued outside usa, and has US visa, or passport issued in USA, INS officer may ask him about his non-immigrant status, and may check into their system to find out if he over-stayed.
 
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his passport was issued in India and he has an american visa on his passport. would it be a problem. Isn\'t it true that if you are a canadian PR and a commonwealth country passport holder then you can travel to the US without a visa?. would there be a problem?
Thanks shehzad
 
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not true. canadian pr holders have to have visa to enter usa.

what he can do is that after some time in canada, he can apply for b-1 in usa consulate. canadian pr holders normally get 3 to 10 years b-1 with multiple entries, but he has to show his ties with canada therefore intent to return to canada. typical evidence include paystub. i have seen many of my friends done that. so they enjoy more flexibility to enter and exit usa freely. it is far better than a h-1 on i-797.

good luck to your brother. he will find canada a beautiful country and very livable.
 
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Actualy, landed immigrants who are citizens of a british commonwealth country normaly do not need a visa to visit the US ( I think for up to 6 months stay). However you will need your passport and laned papers to prove you are both.Your situation is slightly more than that. The INS officers usually find out one overstayed from entry and exit stamps in passports. You would have got an entry stamp when you first came in to the US. Your passport will get stamped by the canadians when you land and the INS will look at that as the time you left the US. If i were in your shoes, I would return by land, were the inspection of documents is less stingent than airports. Also if the officer asks about the overstay, you should be honest with them. If they catch you lying to them, they can prevent you from entering the US for years. If you go and apply for a visa, you will definetly have to explain the overstay.
HOPE THIS HELPS

NOT A LEGAL OPINION
 
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Are you sure..cause what i have learned from people who have stayed in Canada as a PR and also from lawyers is that commonwealth country passport holders with a Canadian PR do not need a visa.
Geo
 
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That he does not need a visa to visit the US is clear. See www.nvars.com . However the INS can refuse entry to any non US citizen if they find you have broken their law or for any reason that the officer you are dealing with comes up with. Therefore, if they dont know he stayed illigaly, he will be OK to go and come without a visa.
 
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