Overstaying Temporary Status in Canada: Can You Be Arrested and Deported? A Comparison with the U.S.
Share
Overstaying a temporary visa—whether as a visitor, student, or worker—can have serious immigration consequences in both Canada and the United States. While not criminal, these violations may still result in arrest, detention, and ultimately deportation. However, the way each country enforces these rules can differ significantly.
🇨🇦 Overstaying in Canada: What Happens?
In Canada, if your temporary resident status expires and no restoration application has been submitted within 90 days, you are considered out of status.
This may result in:
- Removal Orders: Issued by the Canada Border Services Agency (CBSA), these require you to leave Canada and may include a bar on returning, depending on circumstances.
- Arrest Warrants: If you fail to cooperate or attend a removal interview, CBSA can issue a warrant for your arrest.
- Detention: You may be held in an immigration holding centre if deemed a flight risk or if your identity cannot be confirmed.
- Inadmissibility: Overstaying may lead to a finding of inadmissibility and negatively affect future immigration applications.
Canada has recently increased efforts to remove individuals who no longer have legal status, particularly following rejected refugee claims or expired permits.
🇺🇸 Overstaying in the United States: What Happens?
In the United States, overstaying is considered a civil violation, but it often leads to severe immigration consequences:
- Unlawful Presence Penalties: Staying over 180 days can result in a 3-year re-entry ban; over one year triggers a 10-year ban.
- Deportation Proceedings: Immigration and Customs Enforcement (ICE) may detain and deport individuals out of status, sometimes without warning.
- Detention and Removal: Overstayed individuals may be detained during status checks, employment raids, or routine traffic stops, and removed if no form of relief applies.
- Immigration Bars: Overstaying may block you from adjusting status or re-entering the country legally in the future.
⚖️ Comparative Risk: Who Deports More Aggressively?
Between Canada and the U.S., individuals in the same situation—such as overstaying a visitor or work visa—face a higher risk of arrest and deportation in the United States.
Here's why:
- Aggressive Enforcement in the U.S.: The U.S. employs broader enforcement through ICE, including workplace audits, community raids, and detention centres. Overstays are actively targeted, especially under stricter political administrations.
- Greater Discretion in Canada: CBSA generally prioritizes high-risk cases (e.g., criminality or misrepresentation), and while removals do occur, Canada tends to focus less on low-risk overstay situations unless flagged during another application or enforcement action.
- Legal Protections: The U.S. system often moves more quickly to detain and deport without judicial oversight, whereas Canadian processes include more opportunities to seek restoration or humanitarian consideration.
| Factor | Canada | United States |
|---|---|---|
| Enforcement Intensity | Moderate | High |
| Likelihood of Arrest for Overstay | Lower | Higher |
| Deportation Risk (Same Circumstances) | Moderate | High |
| Re-entry Ban | Case-specific | Strict (3–10 years) |
| Humanitarian Relief Options | Available | Available, but limited under enforcement |
🧭 Final Thoughts
While both Canada and the United States have legal tools to remove individuals who overstay their authorized stay, the U.S. tends to enforce these rules more aggressively, often resulting in faster and more frequent deportations. In Canada, while risk still exists, enforcement is typically more discretionary and focused on individuals deemed higher risk.
If you or someone you know has overstayed in either country, it is crucial to seek professional guidance immediately. Legal remedies may still be available, but timing is key.
Please note: ImmiSight does not provide legal services and is not a law firm. All information provided through our platform is for general guidance and informational purposes only and should not be considered legal advice. For legal matters, we recommend consulting with a licensed immigration lawyer or consultant.