3

My German friend's US Visa expires, and he plans to travel to Canada, where he does not need a Visa. However, he has overstayed in the past, and so I suspect he has a high change of being refused admission into Canada despite being on the Visa-exempt list. There have been similar questions that for most countries say that he would be taken to a detention centre, who would figure out where he's admissible, and take him to that country. I would like to know what would happen if this happens on the US side, vs. on the Canadian side. Examples of per-country policies from previous posts:

  • U.K. detention centre

  • France detention centre

  • Germany detention centre

  • Estonia detention centre

  • Saudi Arabia holds you right there at the border crossing

  • Thailand allows you to come back to the country as if you never left it

  • Brazil lets you in, but you must stay in the same city, and within 3 days either leave or request asylum

Quite notably, US, Canada, and Mexico are not on the list. Any experience?

Community
  • 1
Alex
  • 726
  • 7
  • 15

1 Answers1

4

A person entering Canada at a land border (with the US, of course) would simply be returned to the US. There is no requirement for detention. An exception would be if the person claimed asylum at the border crossing. Canada does have immigration detention centres, subject to the Immigration and Refugee Protection Act 2001.

In the United States, visas and entry clearance can have different expiry dates. Assuming the referenced expiry means that the person is no longer permitted to remain in the country (known as "out of status"), should US immigration authorities become aware, the deportation process may include detention at an ICE detention center.

If a person was already in Canada and attempted to cross the land border into the US without valid immigration status, they would be refused entry and returned to Canada.

Though the information is unverified, this forum thread suggests that Canadian immigration officials will ask about an overstay in the US. An overstay in Canada, as the OP points out, is likely to affect any future application for entry clearance to Canada, even if a visa is not normally required.

Sam_Butler
  • 238
  • 1
  • 5