New applicant here

Sam 84 posted 4 years ago

Hi everyone, I was caught and arrested for small weed possession in Florida back in 2013. I was in my early 20's and had been living there for a few years (overstay).

I moved back to Canada in 2016, finished my degree, got a good job in finance, got married, bought a house, etc...

I crossed many times since I moved back without a problem.

While on a Christmas shopping trip to Plattsburg with 3 friends, we were sent into secondary. They ran my prints, saw the arrest and banned me on grounds of moral turpitude. (I ended up doing a diversion course for the pot and the charges were subsequently dropped)

I want to apply for a waiver but am unsure whether I should mention the overstay. I have never admitted to having lived there and was never asked. the only proof they could have is the POE entry-exit records but from what I understand they are not extremely reliable when crossing through the land border. I don't want to open a can of worms with the overstay if I was never caught. I also don't want to face misrepresentation and further complicate what would otherwise be a very simple application.

Any advice would be greatly appreciated

JohnB2 4 years ago

Do not mention the over stay. You only need to address the specific reason they said you were denied.

J Rogers (trusted member) Trusted 4 years ago

@JohnB2

That would also be my strategy. It is a tough one though, you do risk being caught "lying". The application does specifically ask "have you ever lived in the US for 6 months".

Its a tough question to answer. A gamble either way.

Sam 84 4 years ago

If I understand, there is no further interrogation with an agent once an application is sent to Virginia. What would possibly allow them to discover an overstay?

JohnB2 4 years ago

@Sam 84 If computer records showed you entered the U.S. on say, January 1, 2020. Then Canada shows you entering Canada (departing the U.S.) on April 2nd, 2022. The U.S. and Canada exchange records on entries. Therefore, the U.S. would know when you entered and when you left.

But I suspect this exchange of records between the U.S. and Canada is relatively new and U.S. government computer systems are often very archaic. So you may be fine for that reason alone.

However, you were totally fine (you came and went) until they ran a criminal check. Based on that, I'd say the overstay was never flagged. It was only the possession charge that was an issue.

Reply