Canadian citizen overstayed in the US by 10 days 6 years ago



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I'm a Canadian and overstayed in the US by 10 days (my departure was delayed because of issues getting a new passport) 6 years ago. I departed the US voluntarily, by plane. The border official didn't scan my passport at the airport. I'm now considering a 2-month holiday in California. Could there be any issues?







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  • How long your total stay in the USA was, including those 10 days? Did you enter by land or by air, and if by land, did you get paper I94?
    – George Y.
    Apr 22 at 8:07











  • Hello George, Canadians get 180 days, so that makes it 190 days. I arrived and left by air. No paper what's do ever in or out.
    – Stefan1966
    Apr 22 at 14:33






  • 3




    The only way to truely find out is to apply and find out.
    – MikeP
    Apr 22 at 21:08
















up vote
4
down vote

favorite












I'm a Canadian and overstayed in the US by 10 days (my departure was delayed because of issues getting a new passport) 6 years ago. I departed the US voluntarily, by plane. The border official didn't scan my passport at the airport. I'm now considering a 2-month holiday in California. Could there be any issues?







share|improve this question






















  • How long your total stay in the USA was, including those 10 days? Did you enter by land or by air, and if by land, did you get paper I94?
    – George Y.
    Apr 22 at 8:07











  • Hello George, Canadians get 180 days, so that makes it 190 days. I arrived and left by air. No paper what's do ever in or out.
    – Stefan1966
    Apr 22 at 14:33






  • 3




    The only way to truely find out is to apply and find out.
    – MikeP
    Apr 22 at 21:08












up vote
4
down vote

favorite









up vote
4
down vote

favorite











I'm a Canadian and overstayed in the US by 10 days (my departure was delayed because of issues getting a new passport) 6 years ago. I departed the US voluntarily, by plane. The border official didn't scan my passport at the airport. I'm now considering a 2-month holiday in California. Could there be any issues?







share|improve this question














I'm a Canadian and overstayed in the US by 10 days (my departure was delayed because of issues getting a new passport) 6 years ago. I departed the US voluntarily, by plane. The border official didn't scan my passport at the airport. I'm now considering a 2-month holiday in California. Could there be any issues?









share|improve this question













share|improve this question




share|improve this question








edited Apr 22 at 4:49









dda

14.4k32850




14.4k32850










asked Apr 22 at 4:16









Stefan1966

212




212











  • How long your total stay in the USA was, including those 10 days? Did you enter by land or by air, and if by land, did you get paper I94?
    – George Y.
    Apr 22 at 8:07











  • Hello George, Canadians get 180 days, so that makes it 190 days. I arrived and left by air. No paper what's do ever in or out.
    – Stefan1966
    Apr 22 at 14:33






  • 3




    The only way to truely find out is to apply and find out.
    – MikeP
    Apr 22 at 21:08
















  • How long your total stay in the USA was, including those 10 days? Did you enter by land or by air, and if by land, did you get paper I94?
    – George Y.
    Apr 22 at 8:07











  • Hello George, Canadians get 180 days, so that makes it 190 days. I arrived and left by air. No paper what's do ever in or out.
    – Stefan1966
    Apr 22 at 14:33






  • 3




    The only way to truely find out is to apply and find out.
    – MikeP
    Apr 22 at 21:08















How long your total stay in the USA was, including those 10 days? Did you enter by land or by air, and if by land, did you get paper I94?
– George Y.
Apr 22 at 8:07





How long your total stay in the USA was, including those 10 days? Did you enter by land or by air, and if by land, did you get paper I94?
– George Y.
Apr 22 at 8:07













Hello George, Canadians get 180 days, so that makes it 190 days. I arrived and left by air. No paper what's do ever in or out.
– Stefan1966
Apr 22 at 14:33




Hello George, Canadians get 180 days, so that makes it 190 days. I arrived and left by air. No paper what's do ever in or out.
– Stefan1966
Apr 22 at 14:33




3




3




The only way to truely find out is to apply and find out.
– MikeP
Apr 22 at 21:08




The only way to truely find out is to apply and find out.
– MikeP
Apr 22 at 21:08










2 Answers
2






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up vote
1
down vote













Since the overstay occurred six years ago, and CBP I-94 electronic records are available for the past 5 years, you may have to file a Freedom of Information request to know whether there is an issue.



You might first check your I-94 Arrival/Departure Record for your travel history. With luck, the earlier visit and departure may still be included in the results, and reassure you that an upcoming entry would be uneventful.






share|improve this answer



























    up vote
    1
    down vote













    You did not trigger an automatic ban. The automatic ban is triggered by more than 180 days of "unlawful presence" (8 USC 1182(a)(9)(B)), and you accrued no more than 10 days of unlawful presence.



    Furthermore, you did not accrue any unlawful presence unless you were given an I-94 form specifying a date of departure. If you entered the US by land, you probably did not receive an I-94 form.



    The main issue you might have is that your previous overstay could lead a US officer to deny entry, for example because of a conclusion that you can't be trusted to comply with the terms of admission.



    Your presence in the US for greater than 183 days may also have made you a resident for the purpose of US tax law, in which case you might have some tax liability issues to sort out. It is, however, unlikely that the US has enough information about this for a CBP officer to be aware of it.






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      2 Answers
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      2 Answers
      2






      active

      oldest

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      active

      oldest

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      active

      oldest

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      up vote
      1
      down vote













      Since the overstay occurred six years ago, and CBP I-94 electronic records are available for the past 5 years, you may have to file a Freedom of Information request to know whether there is an issue.



      You might first check your I-94 Arrival/Departure Record for your travel history. With luck, the earlier visit and departure may still be included in the results, and reassure you that an upcoming entry would be uneventful.






      share|improve this answer
























        up vote
        1
        down vote













        Since the overstay occurred six years ago, and CBP I-94 electronic records are available for the past 5 years, you may have to file a Freedom of Information request to know whether there is an issue.



        You might first check your I-94 Arrival/Departure Record for your travel history. With luck, the earlier visit and departure may still be included in the results, and reassure you that an upcoming entry would be uneventful.






        share|improve this answer






















          up vote
          1
          down vote










          up vote
          1
          down vote









          Since the overstay occurred six years ago, and CBP I-94 electronic records are available for the past 5 years, you may have to file a Freedom of Information request to know whether there is an issue.



          You might first check your I-94 Arrival/Departure Record for your travel history. With luck, the earlier visit and departure may still be included in the results, and reassure you that an upcoming entry would be uneventful.






          share|improve this answer












          Since the overstay occurred six years ago, and CBP I-94 electronic records are available for the past 5 years, you may have to file a Freedom of Information request to know whether there is an issue.



          You might first check your I-94 Arrival/Departure Record for your travel history. With luck, the earlier visit and departure may still be included in the results, and reassure you that an upcoming entry would be uneventful.







          share|improve this answer












          share|improve this answer



          share|improve this answer










          answered Jul 23 at 18:43









          Giorgio

          28.7k859162




          28.7k859162






















              up vote
              1
              down vote













              You did not trigger an automatic ban. The automatic ban is triggered by more than 180 days of "unlawful presence" (8 USC 1182(a)(9)(B)), and you accrued no more than 10 days of unlawful presence.



              Furthermore, you did not accrue any unlawful presence unless you were given an I-94 form specifying a date of departure. If you entered the US by land, you probably did not receive an I-94 form.



              The main issue you might have is that your previous overstay could lead a US officer to deny entry, for example because of a conclusion that you can't be trusted to comply with the terms of admission.



              Your presence in the US for greater than 183 days may also have made you a resident for the purpose of US tax law, in which case you might have some tax liability issues to sort out. It is, however, unlikely that the US has enough information about this for a CBP officer to be aware of it.






              share|improve this answer


























                up vote
                1
                down vote













                You did not trigger an automatic ban. The automatic ban is triggered by more than 180 days of "unlawful presence" (8 USC 1182(a)(9)(B)), and you accrued no more than 10 days of unlawful presence.



                Furthermore, you did not accrue any unlawful presence unless you were given an I-94 form specifying a date of departure. If you entered the US by land, you probably did not receive an I-94 form.



                The main issue you might have is that your previous overstay could lead a US officer to deny entry, for example because of a conclusion that you can't be trusted to comply with the terms of admission.



                Your presence in the US for greater than 183 days may also have made you a resident for the purpose of US tax law, in which case you might have some tax liability issues to sort out. It is, however, unlikely that the US has enough information about this for a CBP officer to be aware of it.






                share|improve this answer
























                  up vote
                  1
                  down vote










                  up vote
                  1
                  down vote









                  You did not trigger an automatic ban. The automatic ban is triggered by more than 180 days of "unlawful presence" (8 USC 1182(a)(9)(B)), and you accrued no more than 10 days of unlawful presence.



                  Furthermore, you did not accrue any unlawful presence unless you were given an I-94 form specifying a date of departure. If you entered the US by land, you probably did not receive an I-94 form.



                  The main issue you might have is that your previous overstay could lead a US officer to deny entry, for example because of a conclusion that you can't be trusted to comply with the terms of admission.



                  Your presence in the US for greater than 183 days may also have made you a resident for the purpose of US tax law, in which case you might have some tax liability issues to sort out. It is, however, unlikely that the US has enough information about this for a CBP officer to be aware of it.






                  share|improve this answer














                  You did not trigger an automatic ban. The automatic ban is triggered by more than 180 days of "unlawful presence" (8 USC 1182(a)(9)(B)), and you accrued no more than 10 days of unlawful presence.



                  Furthermore, you did not accrue any unlawful presence unless you were given an I-94 form specifying a date of departure. If you entered the US by land, you probably did not receive an I-94 form.



                  The main issue you might have is that your previous overstay could lead a US officer to deny entry, for example because of a conclusion that you can't be trusted to comply with the terms of admission.



                  Your presence in the US for greater than 183 days may also have made you a resident for the purpose of US tax law, in which case you might have some tax liability issues to sort out. It is, however, unlikely that the US has enough information about this for a CBP officer to be aware of it.







                  share|improve this answer














                  share|improve this answer



                  share|improve this answer








                  edited Jul 23 at 19:19

























                  answered Jul 23 at 18:53









                  phoog

                  60.7k9131189




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