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  • Legal or Illegal

    I have a friend who arrived in the US in June 2000 by car, from Canada. We know that she is in an overstay situation but would she be considered legal or illegal? All questions at the border were asked and answered honestly.

  • #2
    I have a friend who arrived in the US in June 2000 by car, from Canada. We know that she is in an overstay situation but would she be considered legal or illegal? All questions at the border were asked and answered honestly.

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    • #3
      ****oo:

      Obviously you or your friend is illegaly present in the US, because she has overstay the stay given at his/her admission.

      I do not think the he/she also honestly because if he/she entered on a non-immigrant visa or visa waiver, then they must have stated at the border that he/she did not intend to reside in the U.S.

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      • #4
        Actually she did tell the officer at the border she was coming to live with her boyfriend (now husband and USC).....she is beginning to adjust status and do all the paperwork. Will she have trouble?

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        • #5
          Which visa did she use to enter the US?

          I don't think it will be a problem since she will adjust the status due the marriage to USC.

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          • #6
            Well that's what surprised me.....when she handed her passport and such to the officer, he asked some questions and then told her to have a nice day. No stamp no nothing, in her passport.

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            • #7
              This could be a problem, doesn't she have an I-94 or an I94W Arrival/Departure record?

              Your case sounds very extrange, I never heard of Port Of Entry Officer allow someone in if the visitor states her intent of residing in the US and having a non-immigrant visa or visa waiver...

              If you do not have such forms, go the www.uscis.gov and download the I-102 form to request a copy of the record of her arrival, you will need this to file AOS for her..

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              • #8
                I have been informed before on the board that Canadians do not require I-94's. Which I hope is correct, do not want this case to be a problem for her/them.

                Comment


                • #9
                  canadian citizens do not get any record or visa or paperwork when they cross the border.

                  So yes she can ajdust in the us easily. Just don't go back until she gets your AP.

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