Due to the nuances of US immigration law, in some circumstances, it is possible to accrue an overstay inadvertently.
Under the North American Free Trade Agreement (“NAFTA”), when a foreign national departs the US by land to Canada or Mexico and subsequently returns to the US (be it on ESTA or a B visa), it is within the discretion of the CBP officer at the Port of Entry to readmit the traveller to the US on the existing I-94, if there is time remaining on the existing I-94. For example, if a traveller was admitted to the US on ESTA for 90 days and subsequently decided to travel to Canada on the 80th day, upon their return to the US by land, it would be within the discretion of the US CBP officer at the Port of Entry to admit the individual for the time remaining on the current I-94 i.e. 10 days, rather than readmitting the traveller to the US for a further 90 day period. Of course, with land crossings, passports are often not stamped, so the traveller may incorrectly assume that they have been admitted to the US for a further 90 days and thereby inadvertently accrue an overstay.
For those travelling on a B-1/B-2 visa, the consequences may be even more alarming. If, for example, a traveller who has previously entered the US on a B-1/B-2 visa travels to Canada by land during their trip and subsequently returns to the US during the validity of the existing I-94, they may incorrectly assume that they have been admitted to the US for a further 6 month period, and thereby inadvertently accrue an overstay which potentially renders the traveller subject to a lengthy US immigration ban.
If you are concerned that you may have inadvertently accrued an overstay, we would recommend that you contact us, so we can advise on your position and answer any questions you may have.
Davies Legal Immigration
At Davies Legal Immigration, we represent clients in connection with all types of US immigration. We provide a comprehensive service, including clear and concise advice from the outset, a pragmatic approach and efficient working practices. We understand the importance of our cases to clients and adopt a well-reasoned, diligent approach, in order to maximize your prospects of success. Call now to speak to a licensed US immigration attorney and obtain a free, no obligation quote.
