Canadian overstay in the US with passport

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The United States CBP only collects arrival and departure records from the operators of airlines and passenger ships. As there are no exit checks when leaving the USA, this means that if one leaves the USA via another mode of transportation (i.e., by land), one's departure is not recorded in the CBP's computers. So it makes sense that the US has no record of her departures.

However, your girlfriend's arrivals in Canada should have been recorded by the Canada Border Services Agency. (I will echo Jim McKenzie's skepticism that her passport was never once scanned upon entering Canada; whenever I've crossed the land border, I have always had to hand my passport to the agent for scanning.) So if your girlfriend needs proof that she left the US at the appropriate time, this would be a way to get that information.

Instructions on how to request a Travel History Report can be found at the CBSA's webpage. It is also possible to request a Highway Passage Report, which gives the records of when a particular car crossed into Canada; however, for obvious reasons, this can't be viewed as airtight evidence that your girlfriend actually left the country at that time.

A Travel History Report is a record of a traveller's entries into Canada. The report documents entries made on or after August 1, 2000. This information is collected by the Canada Border Services Agency (CBSA) on travellers entering Canada. Traveller exit information is also available in a limited capacity but applies only to foreign nationals entering the United States from Canada on or after June 30, 2013.

Highway Passage Reports may also be requested; however, they indicate only that a specific licence plate has been recorded, and do not show the people travelling in the vehicle.

Instructions on how to apply can be found on the linked webpage. Essentially, she has a right to this information under the Access to Information & Privacy Acts (the Canadian equivalent of FOIA), and the Canadian government maintains a web portal for ATIP requests like this.

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First of all, when there is doubt about when she departed and whether she overstayed, the burden is always upon her to prove that she didn't overstay, so a lack of departure record never helps her.

Second, whether she has a ban (i.e. is inadmissible for a period of time) is a matter of law based on the facts. She entered as a B2 visitor, which are almost always admitted for 6 months at most (and in any case cannot be admitted for more than 1 year), and (assuming she didn't apply for Extension of Status) she stayed more than 1 year past the date on her I-94, and then left the US. Therefore, she has a 10-year INA 212(a)(9)(B) ban starting from when she left. It will be over in 2027.

It is always possible that if she tries to enter as a visitor, that the officer will somehow fail to notice the overstay and fail to question her about her past stays, given the often cursory inspection of Canadians, and she would be let in, without lying, by accident, despite having a ban. However, if you want her to immigrate to the US, either via Adjustment of Status in the US (if she slips through and makes it into the US) or Consular Processing abroad, she will be asked on the application forms specifically about past overstays, and she must tell the truth (lying to immigration is a huge no-no), so they will definitely determine that she is currently under a ban, and being under a ban prevents her from immigrating (even if she is already in the US and doing Adjustment of Status), unless she gets an immigrant waiver for the ban.

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