Canada Tourist Visa after overstaye in USA

[Paul Bindra]

I overstayed in USA for more than six months but less than a year in 2010. After that I travelled to Europe and Russia as a tourist but never overstayed. Now I'm planning to apply for Canadian Tourist visa, could my overstay in US be a hurdle getting visa or entry in Canada...?

 

[Riley Haas]

Hi,
Is the US government aware of your overstay? If so it's theoretically possible the Canadian government might know about it - the US and Canada share certain information regarding border security - but I'm not sure that it is information that could then be shared with the appropriate agency in Canada without your permission.

Say USCIS (immigration) knows you overstayed and they share that with US CBP (border agency), or that US CBP already knows. Let's say they then share that with Canada. I would assume they would share it with the CBSA (border agency). At this point, two things make me think it unlikely the information would get to IRCC (Canadian immigration). A) I'm not sure the CBSA would consider overstays in the US as threatening to Canada's interest (maybe they do, maybe they don't) and B) the CBSA normally has to have a person's permission to share their personal information with IRCC (and vice versa). So even if they wanted to share it they probably wouldn't be allowed to. But this is all a hypothetical on my part.

Sorry I can't give you more information.

 

[Paul Bindra]

Hi,
Is the US government aware of your overstay? If so it's theoretically possible the Canadian government might know about it - the US and Canada share certain information regarding border security - but I'm not sure that it is information that could then be shared with the appropriate agency in Canada without your permission.

Say USCIS (immigration) knows you overstayed and they share that with US CBP (border agency), or that US CBP already knows. Let's say they then share that with Canada. I would assume they would share it with the CBSA (border agency). At this point, two things make me think it unlikely the information would get to IRCC (Canadian immigration). A) I'm not sure the CBSA would consider overstays in the US as threatening to Canada's interest (maybe they do, maybe they don't) and B) the CBSA normally has to have a person's permission to share their personal information with IRCC (and vice versa). So even if they wanted to share it they probably wouldn't be allowed to. But this is all a hypothetical on my part.

Sorry I can't give you more information.

Thanks any way

 

[ghasrangasht]

Say USCIS (immigration) knows you overstayed and they share that with US CBP (border agency), or that US CBP already knows. Let's say they then share that with Canada. I would assume they would share it with the CBSA (border agency). At this point, two things make me think it unlikely the information would get to IRCC (Canadian immigration). A) I'm not sure the CBSA would consider overstays in the US as threatening to Canada's interest (maybe they do, maybe they don't) and B) the CBSA normally has to have a person's permission to share their personal information with IRCC (and vice versa). So even if they wanted to share it they probably wouldn't be allowed to. But this is all a hypothetical on my part.

 

[Riley Haas]

Say USCIS (immigration) knows you overstayed and they share that with US CBP (border agency), or that US CBP already knows. Let's say they then share that with Canada. I would assume they would share it with the CBSA (border agency). At this point, two things make me think it unlikely the information would get to IRCC (Canadian immigration). A) I'm not sure the CBSA would consider overstays in the US as threatening to Canada's interest (maybe they do, maybe they don't) and B) the CBSA normally has to have a person's permission to share their personal information with IRCC (and vice versa). So even if they wanted to share it they probably wouldn't be allowed to. But this is all a hypothetical on my part.

I agree. Especially with B. It's against the law for CBSA to share information about you with IRCC without your permission.

 

[IMMIgroup]

Update on this topic: https://www.immigroup.com/topics/border-interview-questions/