Midlothian, VA asked in Immigration Law for Virginia

Q: Canadian hub rcvd 3 yr ban for xing border to shop- he had overstayed visa during Covid closure. Waiver poss?

Im his US wife. He is Canadian citizen. We are currently in our respective countries for wk. He overstayed here last year by 216, but border was closed most of that time. Hes been back in Canada doing contracted work since last Oct.Last night he crossed from BC to Seattle to shop and got detained and 3yr ban. Weve not yet started citizenship. Is there a waiver or fix? Weve been together 7 yrs and married 3. This was the year we were both filing and purchasing a home. I feel like it is now ruined?

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1 Lawyer Answer
Stephen Arnold Black
Stephen Arnold Black
  • Immigration Law Lawyer
  • Orlando, FL

A: If a foreign national overstays his permission to stay by six months to a year, and exits the United States he is banned from returning for a period of three years. If he overstayed his permission to stay by a year or more, and exits the United States, he is banned from returning for a period of 10 years. You could always apply for a waiver, pursuant to the 601, but you would have to prove that the US citizen would suffer extreme hardship if the waiver was not granted. This is not something that I recommend you handle on your own. You should retain counsel for representation. Please excuse my typos as I dictated this into a microphone device. Thank you

Agnes Jury agrees with this answer

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