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HOME / WHAT HAPPENS IF A CANADIAN OVERSTAYS IN THE US
What Happens If A Canadian Overstays In The US
Visa rules all over the world are extremely stringent in nature, especially when it comes to the United States which sees overwhelming numbers of misuse every year. So, how does one abuse this government-issued document which incidentally offers a valid way to enter a particular country? Well, the answer is that you overstayed your “authorized time” that was allowed to you by the CBP officer when you entered the country.
Specifically, the American government has designated Canadian citizens to be “visa exempt” regarding their obtaining a USA visitor visa from the Consulate. So what happens when Canadian overstays in us? It has been our experience that this is a special privilege that a number of Canadians unquestionably take for granted. This is unfortunate since a number of people from other countries wish that they had this luxury.
The U.S. Immigration & Nationality Act essentially states that you will have a 3-year ban if you overstay your time in the country by more than 181 days and less than 1 year. However, you are subject to a 1-year ban if you overstay 1 year or more! They have a specific formula for various federal case laws that they use to determine if you are guilty of this immigration violation. This is also why they can give you the Expedited Removal and 5-year ban.
Also, note that depending on the circumstances, you may still require a US Entry Waiver even after your 5-year ban is over. You could even increase your ban from 5 years to a lifetime one depending on your situation! What happens if a Canadian overstay in the US will depend on his or her own circumstances? However, there is a very high degree of probability that this person will likely receive some sort of punishment.
Every visa typically limits a foreigner’s stay within the country period. It is a category of non-immigrant conditional authorization that has specific entry and exit dates. Visa holders are then free to travel within the mentioned timeframe. Many individuals with an American visa generally tend to overstay after arrival. This happens due to four reasons –
– To exploit career / better lifestyle options.
– Extreme hardship faced by permanent resident’s spouse or parents due to emotional connection and the subsequent separation.
– Due to emergencies such as fatal accidents, loss of passport or vital documents, or death within the visiting family/friends.
– Out of ignorance
US Entry Waiver 2023 – US Waiver Application for Canadians.
