US VISA OVERSTAY. ADVICE NEEDED

Inmyownworld

I am an Irish Citizen who over stayed there visa in the USA. I am married to a US citizen for over 3 years. We both reside in Ireland. We married outside of the US and laws differ very much on the matter. We had to apply for a I 601 waiver to prove "extreme hardship". However "extreme hardship" is not clearly defined by law and left up to the consulate who decides the outcome on your case. Unfortunately, our case was denied after 3 years. We still reside in Ireland but my husband longs to be close to his daughter in US.
I am now applying for a temporary workers permit to Canada through the IEC for a 24 month working travel visa.
I have answered these questions truthfully on the CIC application.If anyone has also overstayed US visa or any country any input, advice or history would be greatly appreciated. I know some of you Paddy's must be in the same boat.
Thanks

Palmy

How long did you over stay in the U.S?

Inmyownworld

Over 3 years...left the US in 2008.

Palmy

Yeah you have a serious problem on your hands i am afraid,If it was a short over stay you could get round it,but over three years i am pretty sure you are screwed no matter how you look at it.I even no of people here getting deported for felonys and the are on Green Cards.Only way is to hire a really good imigration lawyer and hope for the best.

Inmyownworld

Know of people where?

Overstaying a visa is not a felony offence. I do not want to lie saying I did not overstay or was not refused a visa then they could probably find out don't you think? It also gives you the option to explain your overstay.May I ask where your knowledge or advice is grounded...please don't take offence!!
Desperado!

Palmy

People in the U.S.

I know an English guy who moved his family here ( to the U.S) on a GREEN CARD and his son was 1 yrs old at the time when they moved from England.His son is now 21yrs old, brought up in the U.S,and only ever went back to the U.K once.He never did his citizenship though and was caught on his second DUI in a month.He is now in a deportation jail some where in up State New York waiting to be deported back to the U.k.
Just saying no matter what country you are trying to get a Visa for.These countries talk to each other and anyone who has over stayed a visa in any country they are more than often than not,they will not give you a Visa.

Palmy

I got to the U.S through the D.V Lottery.The hoops i had to jump through to get here legally though was a nightmare.
Even before i moved here i new several people who had been caught over staying and deported
A girl i new who over stayed by three months, was at a party when the police were called and she had to show her I.D
She was deported and can not enter the U.S for ten years.After this she needs to apply for a visa before she wants to visit or transit through the U.S.
I am sure as you have lived here for over three years how badly they look down on people over staying.

Inmyownworld

I appreciate your advice and what your saying but my situation is different. I realise I overstayed my visa and am being penalised for this. However, my lawyer with 20 years of experience in immigration law in US feels we have been dealt a harsh response, At the end of the day, I left voluntary, am married to a citizen of the US and am out of the country longer than I overstayed. Why would they give you an option to explain an overstayed visa? I know I am clutching at straws here just wondering if anyone else has overstayed a visa and been granted one for Canada? Thanks Palmy for insight.

Palmy

Yeah i feel for you.

It's just really screwed up here,if you dont play by the rules you are screwed here.The country is so big they look at you as a number not a person.Where i live in the States we get alot of seasonal people coming over from Europe to escape the winter.People who own property here and have been coming here for over twenty years, and every time they come in get grilled by imigration on the reasons they are coming in.

Zil2011

I'm not sure about Canada, but if travelling to US, you have to apply for an ESTA, you could be declined on that and if you are you can go to the American Embassy in Dublin and plead your case - happened my friend as she overstayed years ago, she was declined and has to wait 10 years from she was last in the US before she can go again.

Hidalgo

Palmy wrote: »

People in the U.S.

I know an English guy who moved his family here ( to the U.S) on a GREEN CARD and his son was 1 yrs old at the time when they moved from England.His son is now 21yrs old, brought up in the U.S,and only ever went back to the U.K once.He never did his citizenship though and was caught on his second DUI in a month.He is now in a deportation jail some where in up State New York waiting to be deported back to the U.k.
Just saying no matter what country you are trying to get a Visa for.These countries talk to each other and anyone who has over stayed a visa in any country they are more than often than not,they will not give you a Visa.

Overstaying in the US won't necessarily prevent you getting a holiday/working visa for another country, like Australia

silja

I don't think it will be a major issue, even if Canada knows. You didn't break any Canadian laws, after all.

Yes, the USA takes overstays very seriously, but only in its own country- I know several people who lived illegally in Europe for years and then got a US immigrant visa with no problems.

iamstop

Hi,

I overstayed a visa in the US from 2001 to 2004, I am married to a US citizen, I am banned from the US til 2014 and have to apply for a visa every time I want to enter after that.
I now live in Canada and have a visa and job here. My advice is to meet the daughter in Canada. Montreal is nice. Wait out the ban by not thinking about it. Mine is almost up now.

ManFromCheese

i have plenty of friends that lived in USA illegally for years, got married to americans and got their green cards straight away with no problems and that was in the last couple of years.

silja

ManFromCheese wrote: »

i have plenty of friends that lived in USA illegally for years, got married to americans and got their green cards straight away with no problems and that was in the last couple of years.

That is different- they entered legally and remained within the USA until they were married and got their greencard. Here we are talking about someone who left the USA after overstaying, thus triggering a ban, and now is seeking a visa to another country, ie Canada.