F1 Visa Overstay - Border Check Problems
Hi,
I came into the country, on a F1 visa in August 2005. By the end of 2006 (Dec), due to a problem within the University, my SEVIS number was terminated and I tried my best to get reinstated to no avail. Fortunately I've got relatives in the city and I've been living with them while trying to get my status back.
My passport is valid till 2015 and on the passport the F1 visa has been stamped for a period of 5 years of stay (2005-2010). Other documents during my entry included a valid I20 for a period of 2 years and an I94. The documents have undoubtedly been invalidated (**Assumption) since I've not been able to register for any courses since.
While in the US I've had a valid drivers license which expired in 2007.
Since my options here are bleak, I've applied to Universities in Canada and I received admits with full funding. The program starts in Fall 2009 (September).
Herein lies my question(s).
1. I've scheduled an appointment with the Canadian consulate in the summer. Will be overstay in US be looked whilst they issue a student visa for Canada? I have stayed in the US legally for over a year (Aug 2005 - end of 2006). I understand the forum answers questions concerning legality in the States but if anyone in the know could answer this question, it would be greatly appreciated. I'm from Florida.
2. While crossing the US border towards Canada, will the US immigration create a problem though I'm leaving the country voluntarily with no desire to return whatsoever. I've 'heard' cases where people leaving the country voluntarily have been roughed up, having to spend time in jail / being interrogated etc.
For what it's worth, I've never been arrested, participated in any crime or even received a speeding ticket during my legal stay / post legal stay. I understand I've broken the immigration law by staying until 2009 and will I have to face a penalty while leaving the country?
3. What would be the best route to leave the country. I've heard that an air flight to Buffalo and then a drive into Canada would be the best route? Please advice. I have a Masters degree in Computing. I have wasted 2 years in the country facing the aforementioned legal issues. I just want to get the hell out of here and start afresh in Canada, legally. Please advice.
Re: F1 Visa Overstay - Border Check Problems
2) Doubtful. Mind, it's been a while since I've meandered into Canada, but the last time I went, no one on the US side of the border paid me any nevermind.
By overstaying more than 180 days, you've triggered a 10 year ban. You'll already be leaving, so detention for deportation proceedings is unlikely.
3) I don't think there is any "best" way for immigration purposes. Certainly it would be less expensive to fly into either Buffalo or Detroit, then drive across (and actually, the cheaper option may be Detroit), but beyond that, I see no difference.
Re: F1 Visa Overstay - Border Check Problems
Thank you, LRM. The response came in quicker than I expected. I appears that you do a lot of research regarding the subject, I was wondering if you could direct me to relevant websites for additional information.
Again, thanks so much for putting in time to answer those questions for a complete stranger :). I really appreciate your effort.