Originally Posted by
König
They can cancel your visa and prohibit you from entering the US for a number of years (depending on how long you were out of status in the USA).
By whom? You are in Canada, so American LEOs have no jurisdiction over you what-so-ever. You wouldn't be arrested even if you were still in the USA because being out of status is an administrative violation, not a criminal one.
There is a criminal violation for illegal entry that is rarely used. It is a misdemeanor but as I said it is very rarely if ever prosecuted. Unlawful presence is a criminal offense when the subject is found in the United States after a formal removal, or after leaving the US with a deportation order pending. The second one is used more often. Neither charge would apply in this case.
FB
Originally Posted by
Isagarch
I guess the answer is, because I was working with a lawyer, with an application in the system, paying taxes - I did not think I was breaking any laws. My lawyer at the time said that if the application was approved, I would have to pay a $1000 penalty. He never advised leaving or not working.
I am a permanent resident of Canada, I own a home, a car, have a full time job - what is the worst that could happen, they revoke my visa and ban me from ever returning to the US? Can I be arrested?
You were told you had to pay a $1000 dollar penalty. What did you think the penalty was for if you believed that you weren't breaking any laws? If I am understanding everything correctly, the visa that you overstayed was your F1 student visa. That is the visa that would have been voided by Section 222g due to the overstay. You B2 tourist visa was obtained after that so it remains valid and can not be voided by Section 222g. However, your B2 visa can be revoked if it is felt that you lied on the B2 visa application. It will depend upon how you answered the questions on the application concerning past visits and visas to the United States.
FB