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  1. #1

    Default Possible Unintentional Overstay

    Hi,

    I have a B1/B2 visa valid for five years and earlier this year entered the USA on a B1 for 3 months. I left correctly before the date on my I-94 (after 2.5 months) and flew to Canada. I've been in Canada just over a month and will be here for another five weeks before returning to my home country.

    I went to visit New York for a long weekend to do some sightseeing but was told at the border that right now I was an overstay. I was told that I'm only allowed 90 days and leaving the USA to Canada does not stop that time running. The guard seemed to assume that I was trying to leapfrog back and forth over the border. He was quite threatening and told me that if I tried to get back into the USA again before returning back to my home country first I would be deported and not allowed back in for 10 years. I had no idea what an overstay was at the time but since doing a little research online what he is telling me seems extreme.

    However, he gave me entry for five days on the I-94 and I was told that I was fine to enter again for the five days which I did and again left correctly before the date the I-94 expired. After the first guard, another took me aside and had a quick look through my backpack and asked a couple of questions but it was pretty straightforward and he didn't seem to be too worried about me at all.

    I had originally booked my flight home from LA and was going to fly there a few days or a week early, again just to do a little sightseeing, which no longer seems like a good idea. However, I'm wondering if I am likely to have any problems entering the USA to transit only if I just fly into LA the same day as my flight out (which is already booked).

    Also, should I expect to have any problems getting a visa or entering the USA at a future date? Will I be eligible for the Visa Waiver program in future?

    I'm confused about my status and whether I am actually an overstay. If so, why was I allowed entry? I have exited the USA both times by the date on my I-94.

    Thanks!

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Possible Unintentional Overstay

    If you went to Canada or Mexico, you will likely have the same issues on trying to return even for a flight. Rebook your flight home from where you are now.

    If you did not return your I-94 which is nit generally done on a trip to Canada, there is no record of you leaving therefore as far as the computers are concerned, you did indeed overstay. Due to people trying to exit temporarily to get a new I-94 on their return to the USA, the border officers are very strict.

  3. #3

    Default Re: Possible Unintentional Overstay

    Thanks for the reply, I appreciate you taking the time to respond.

    Quote Quoting T53147
    View Post
    If you did not return your I-94 which is nit generally done on a trip to Canada, there is no record of you leaving therefore as far as the computers are concerned, you did indeed overstay. Due to people trying to exit temporarily to get a new I-94 on their return to the USA, the border officers are very strict.
    I definitely returned the I-94 both times so this cannot be the problem. The fact that they allowed me to get back in the second time while telling me I was an overstay still confuses me.

  4. #4
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Possible Unintentional Overstay

    They took pity on you. It was within their authority to admit you.

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