Out of status in the US

Canada Immigration Forum (discussion group)

Subject: Out of status in the US
  I moved to Canada abou 3 years ago from the US as a permanent resident. I was on a student visa in the US (F1 visa) for about 5 years and I have gone out of status but decided not to reinstate my visa because i was leaving the US anyway. The immigration was looking for me after I left ( about a year after).

Now the question is, once i get my Canadian passport can I travel to the US whtiout trouble? does a canadian passort help in this case. It is just an immigration issue.

Thanks for the input,

(in reply to: Out of status in the US)
The US should know that you left...After all, they "chipped" every soul on this earth (Or at least they think so..LOL).

I dont know why they came looking for you! You should have informed your school you were enrolled in before or after you left. If you were a student all the time, it is best to inform the school you attended last that you left US.

When you enter US after you get you Canadian passport, they will ask you at the immigration counter of the time you spent and why you didnt reinstate your visa etc. You can say youwere depressed( This works best there as they are all depressed ;))

Then its upto the immigration officer to let you in or send you back. Sometimes, they do let you in even if you were out of status in US for some time.

Almost Perfect!!
(in reply to: Out of status in the US)
It´ll depend on luck factor more. Sometimes, specially if travell by road; in the US border they would let you in just by talking from their window booth without entering or running your info. into their system ans asking some casual question. Then you are lucky. My experience is, this happen to most of the white born Canadians. May be the case also for guys travelling with wife/kids.

If they bring you inside to run your into their system then you may be denied entry. This is the common scenario if you born in the suspect country list or even just a naturalized citizen.

(in reply to: Out of status in the US)
Well I will be a naturalized citizen, and yes I am not a white Canadian, also ?suspect background? as the post above described it. I guess my option is to contact a lawyer in the US to look at the issue. As I said in the initial message, I was out of status due to a transfer between universities and due to the new system (SEVIS) that was being implemented during that same period of time (mid 2003). The international student office at the university told me that my I20 is not valid and I needed to get another one. I went to the counselor and she advised me that I simply finish my degree and leave since I was leaving anyway. I left early 2004. I just wanted to see my friends.
(in reply to: Out of status in the US)
You are 100% safe.You were out of status thats only you knows when you left US.Nobody has record when you left.
(in reply to: Out of status in the US)
well the immigration officers came looking at 5am for me about a year after I left. My roomates were still living there then. They asked them if I was there. My roomates told them that I left the country and I am in Canada. THey came back again after few weeks. I think they did not trust them. SO if they came looking for me they must have me in some kind of record. As I said this is only an immigration issue. No criminal issue whatsoever.

Thanks for the input everyone

(in reply to: Out of status in the US)
if you gave back the I-94 when you were leaving US they know when you left. for students, I-94 doesnt have a expiry date. they usually write D/S (duration of Stay) so as long as you were enrolled in the school as a full time student, immigration issue should not be a problem and a lawyer can fix it. but the question of why did they come for you is something interesting that you may want to fix as soon as possible.
eventhough you will become a Canadian citizen soon, US will deny you entry if you have immigration violation.

(in reply to: Out of status in the US)
when you get a lawyer, ask them to send a request for your immigration record
(in reply to: Out of status in the US)
Thanks steve. I did not give the I94 when I left so I guess they won´t know if I actually left. I decided to call a lawyer.

Thanks Steve and others

Immigration to canada (in reply to: Out of status in the US)
Hi All,
I went to canada on student visa and after 3 years i went to india and did not payed my credit card bills, Now i want to apply for canadian immigration will it gonna create any problem ?

out of status in US (in reply to: Out of status in the US)
Hi All,
Carlo, were u ever able to come back to the states then? what did your lawyer say?