Complicated situation: In the US and trying to get back home AGAIN?

Question

I've been in the USA almost a d**n year, I'm trying to go home.

Too far from the border to get there by walking, and since I came down the family I am staying with has had problems with the bills.

I'd been down to the USA before, and allowed to return at the condition I'd had a Job and apartment (or so they told me).

Thinking I'd only be here a day, My girlfriends mother had gotten sick so a visit turned terribly sower as I was stuck here for way too long (clearly), it ends up they are 10,000 in debut and about to loose their house.

I did not know this, and now I'm finally able to get home around November.

My Problem is:

I don't want to get arrested at the border, and I don't know if the Canadian border home would do anything.

And I want to take my girlfriend with me, she wants to visit my parents.

I do have credientals, she is American

I've been told that it shouldn't matter, because I haven't done anyhting illegal and entered by Land on a visit.

Answer 1

well, if you want out of the u.s., nobody's going to stop you. :-)

your problems may start when you try to enter canada: i don't know canada's laws, so i can't help you there.

and you may find it impossible to reenter the u.s. at a later date (or apply for permanent residence) if you've overstayed a visitor visa. that's a pretty serious violation.

of course, the correct answer depends on your unique situation, so it's hard/impossible to give advice on y!a.

talk to both a u.s. and a canadian immigration lawyer.

Answer 2

You have overstayed your visa or Visa Waiver -- Canadians are allowed to stay a maximum of 180 days.  You cannot stay until November -- the longer you stay, the more trouble you are in.  As it is, you have overstayed so long that you will be barred from re-entry to the US, and you will never be able to use Visa Waiver again.

Your girlfriend can enter Canada as a visitor as long as she can prove she has sufficient funds to do all the things tourists normally do: round-trip plane fare, hotel reservations, enough for restaurant meals, sightseeing, etc.

Since you are in so much immigration/legal/financial trouble, do your girlfriend a favor and do not try to bring her into Canada with you.  Let her come later.