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What is the penalty for "out of Status"?

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thehand View Drop Down
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    Posted: 20 Apr 2010 at 4:35pm
I am Married to a Canadain. I lived in Canada for about 4 years out of status. I came back to the USA June of 2006. We are still married but living in seperate countries. She usually flys here to see me. She wants me to come up there next month.
 
I know that here in the us, theres a 10 year ban - does anyone know the penalty for my being out of status in Canada?
 
Thanks in advance!
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Harmonia View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Harmonia Quote  Post ReplyReply Direct Link To This Post Posted: 22 Apr 2010 at 3:09pm
Were you ever asked to leave Canada?  (i.e. letter from CIC)
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thehand View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote thehand Quote  Post ReplyReply Direct Link To This Post Posted: 22 Apr 2010 at 4:19pm
No
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matthewc View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote matthewc Quote  Post ReplyReply Direct Link To This Post Posted: 23 Apr 2010 at 1:51pm
Then there's no specific problem. Simple overstay is resolved when you leave, it doesn't make you inadmissible automatically.

The only problem would be if they ask you about previous visits, and through that questioning find out that you overstayed. It doesn't actually make you inadmissible, but it would make them believe you'll do it again. If they believe you'll overstay again, that is grounds to deny you entry into Canada.

As long as you're careful about how you answer the questions at the border, give them every reason to believe you're visiting for a short time and will leave again at the end of your stay, there shouldn't be any problem. Things like saying you're going to be visiting for a long time, close to the maximum allowed (6 months), are married to a Canadian, are "living" in Canada, etc, are red flags likely to get you questioned further, and possibly denied entry.

You should really have your wife sponsor you for permanent residence, so you can legally live and work in Canada, get provincial health care, etc. Get started reading about that process - in normal cases for a US citizen being sponsored as a spouse, it can take under 6 months to finalise.

http://www.cic.gc.ca/english/information/applications/fc.asp
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