Visitor Visa Overstay now Canadian PR

M

mahiin

New Member
Hello every1,

I have a query which has not been mentioned or answered so far and I really need ur help. I got a 5 years multiple visa for US in 2000 and after that, I did not return to my home country but keep on extending my stay after every 6 months. In 2002 I got married with a citizen and I filed my Immigration papers, however in March 2004 I recieved a letter for an interview from INS but I divorced my wife and withdrew my case from INS by corresponding and came to Canada and married my couzin. Recently, I got a Canadian PR card and wondering if I apply for a US visit visa, am i subject to denial due to my previous records?????

Ur inputs are much appreciated
mahin
 
A lot will depend on your purpose of visit and if the officer is convinced that
you have enough ties to canada that you will not stay in US. Your past record may have a bearing on the interview but you should be convincing in your interview that you no longer have any intent to stay in US and you have enough ties to canada.
PS. If you have a business purpose to visit, you will have better chances to get the visa than a casual trip.
 
Thanks alot nacho1 for ur reply. Actually im more concerned now if i might be a subject to a ban or something even though I did correspond wid USCIS to withdraw my application as I'd be going to canada and in this scenario, does the ban apply on me??

Thanks alot for ur reply
mahin
 
The ban only comes into play if you stayed illegally for more than
180 days in US. If you continuously extended your stay and were never out of status , it is not a problem . What was the time period between your withdrawing the case and leaving US?

You may have to explain all this when going for the interview.
 
thanks nacho1 again,
The time period between withdraw and leaving US was only a month, but once I got married, I did not extend my visa? could that be a problem?? Isn't something called Implied status i was in during my marriage?

thanks,
mahiin
 
Mahiin,
As long as you successfully kept extending your status, your visa expiration means nothing. If what you have stated is true, it seems you only overstayed by 1 month. You should be able to defend that at your visa interview and at your POE admission. However, there are no guarantees.
 
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