Visitor Status Expired 4 years Ago

[Desta]

I have a friend whose wife is a US citizen. She came to Canada to visit 4 years ago. A few months later she married my friend. Her visitors status has expired. Can she be deported if anyone finds this out? Would anything happen to my friend (ie. could he be charged with harboring an illegal immigrant?)

 

[Karlshammar]

Of course she could be deported. She's been here illegally for 4 years. I don't know if anything could happen to the husband... Perhaps one of the Immigration Enforcement people here can answer that?

 

[Desta]

Can the wife apply to stay here legally. If so, what is the process?

 

[ImmEnforce]

1) Excluded for 1 Year and removed to the USA.
2) Can the Husband be charged?...sure if the elements of a criminal offence are met. It all depends on what he knew and what he did.
3) Would the husband be charged?... probably not
4) What should she do?......leave
5) What do most people do when they find themselves in the exact situation.... Apply for an In-Canada Spousal (H & C Exception)

 

[Suin]

the best way is to leave and leave by land - this way they will not check database as she'll go right to the US side while crossing.

 

[job_seeker]

They also do no checks when she leaves by air. Canada does not stamp passports of people who are leaving.

 

[Karlshammar]

The U.S.A. will likely record her entry, though, and if the Canadians have access to their information they will see that she left Canada on that date. I'm not sure if they have access to that information, however.

 

[job_seeker]

If the husband could do an Inland Spousal Sponsorship, then she probably does not have to leave Canada (except when the officers deem it appropriate to subject her for removal). Just a thought.

 

[Desta]

Now my friend and his wife want to go to the US for Christmas. Will there be problems crossing the border into the US and coming back again?

 

[Karlshammar]

It depends. If they scan the passports when they enter the U.S.A. and then come back the Canadians will see that she was illegal for 4 years and they will almost certainly not let her back in. If they go across the border without scanning the passports or recording their entry then she might be ok.

Now my friend and his wife want to go to the US for Christmas. Will there be problems crossing the border into the US and coming back again?