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Junior Member
Posted
Came in back in 1993 on a tourist visa and overstayed. Left in 1999 to become a Candian permanent resident and drove back to the US and did a change of status from B2 to H1. At this time, I-140 is approved, I have my AP. Should I travel or wait for the GC?

How does the USCIS know of my overstay?

Thanks
 
Posts: 1 | Registered: 01-26-2008Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of Hudson
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quote:
Originally posted by TenduRules:
Came in back in 1993 on a tourist visa and overstayed. Left in 1999 to become a Candian permanent resident and drove back to the US and did a change of status from B2 to H1. At this time, I-140 is approved, I have my AP. Should I travel or wait for the GC?

How does the USCIS know of my overstay?

Thanks

Will depend on whether the I-485 is being filed with the I-140.


"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre
 
Posts: 3336 | Registered: 12-21-2005Reply With QuoteEdit or Delete MessageReport This Post
Power Member
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When you leave the US, you return the I-94 card (usually airline clerk takes it from you). These cards are then processed by INS. This is how they know that you left the country and overstayed.
 
Posts: 1458 | Registered: 01-22-2008Reply With QuoteEdit or Delete MessageReport This Post
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TenduRules: You say that you're a permanent resident of Canada. So, just how long, exactly, have you actually lived in Canada? It seems to me that you have abused Canada in the same way that you have abused America.

I wouldn't hold your breath with regard to becoming a permanent resident of the United States. You overstayed more than 365 days after September, 1997, and are subject to a ten-year bar against reentry. The truth is, even though you were readmitted, your readmission is unlawful...and will likely be found so as the AOS process advances.

During the application process, you are specifically asked whether you have ever overstayed your visa...what did you say? Did you lie?

Quite honestly, America doesn't need country-shoppers like you...ones who have shown a complete disregard for the law, and are trying to circumvent it yet again. I hope that the Canadians are smart enough to revoke your residency in their country...because you evidently don't value the opportunity that Canada provided to you.
 
Posts: 1475 | Location: Arizona, U.S.A. | Registered: 01-04-2005Reply With QuoteEdit or Delete MessageReport This Post
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