visa waiver and canada.

[burton71]

good afternoon all,

i have just realised (stupidly) that i have exceeded my visa waiver exit date. thought i had a cpl more weeks.
best course of action?i have never done this before and so i am a little worried. if anyone can advise. i am only a few hours drive from canada.
i am a uk citizen staying here temp. with uk fiance who holds an H1b.
would i be checked upon leaving the US to Canada

any advice apreciated.

thx

[Cosmopol]

Unfortunately, starting late last year, Dept. of Homeland Security has begun registering departures, so it's unlikely that your overstay will go unnoticed. I don't know whether (and where) there are loopholes in this new system.

Check with a lawyer, maybe someone would devise a combination with change of status to something else, so you don't have to leave the country...

[burton71]

thankyou for the above information.

i am 'waiting' for 'call backs' from lawyers now...hmm.

being that it is, that i am now 3 days outside of my VW stamp, will this automatically trigger a 'bar' upon departure ?

thanks in advance.

[Kayalami]

burton71,

You are not able to extend (EOS) or adjust status (AOS) if admitted under the VWP. Further there is no right of appeal/ judicial review in respect of refusal of admission, EOS or AOS with the VWP - you waived this away on the arrival/ departure record I-94W. The only exceptions are where you apply for asylum or marry a USC - in the latter expect intense scrutiny by the BCIS for fraud.

You are required to submit to the DHS the departure component of your I-94W when leaving the US. The airline will normally do this for you at check in. At a land border crossing you should submit your I-94 to the immigration officials of Canada or Mexico - they then liase with the DHS to update your departure. AFAIK the data recording as per Cosmopol's post currently applies to airport departures with a roll out to land border crossings but this doesn't help you because a I-94 submitted at a land border crossing will still show an overstay.

You will not be barred from the US unless you accumulate 'unlawful presence' which you already have post I-94 date of 180 or more days - 3 years and 365 or more days - 10 years. Unfortunatley you will not be able to use the VWP in future and must apply for a B2 tourist visa. It is best that you depart the US at the earliest opportunity.

[burton71]

my fears confirmed...thankyou for the advice.