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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 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 into a particular country. Well, the answer is that you overstayed your “authorized time” that was allowed to you by the CBP officer officer when you entered the country. Specifically, the American has designated Canadian citizens to be “visa exempt” regarding them obtaining a USA visitor visa from the Consulate. So what happens when a Canadian overstays in the us?

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 the 1 year ban if you overstay 1 year or more! They have a specific formula various federal case law 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!

Every visa typically limits a foreigner’s stay within the country period. It is a category of non-immigrant conditional authorization which 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 accident, loss of passport or vital documents or death within the visiting family / friends.

– Out of ignorance

 US Entry Waiver 2022 – US Waiver Application for Canadians. 


what happens if a Canadian overstays in the us.
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