Canadian 180 days exceptions

[charlie baltimore 0]

Hello,

My boyfriend is Canadian and came to stay with me in January and we planned for him to stay the 180 days allowed. However, when we went to visit his family outside of Toronto we didn't know that he would need proof of ties to Canada and he was denied entry, after 4 months in the states. The border agent didn't believe that he had plans to return and he had to fill out a form and get his finger prints taken but was told that he was not prohibited from entering the US.

He still has at least 30 days allowed to stay, and I am wondering if anyone knows whether he can come back in December, then plan to stay 6 months again once the calendar year resets in January.

Thanks in advance for any help!

[Inky 1,110]

There is the Canada forum for Canada specific things.

http://www.visajourney.com/forums/forum/93-canada/

Canadians do not use tourist visas to enter the USA.

[JeannieL 44]

After being denied and finger printed and photo taken he will be flagged. They will require proof of strong ties to Canada for him to enter. I was denied access at a border crossing and had the same thing happen. I found out that I was yellow flagged. What I did was bought a return ticket to VA and stayed just the amount of time on that ticket. I proof of strong ties with me. They hummed and hawed about letting me go but finally they did. They gave me an I-94 in my passport that I had to return when I came back through customs. I did this a few times, each time it made it easier. It is entirely up to the officer at the time that he attempts to cross. Did they tell him that he shouldn't try to enter for a period of time?

[Kathryn41 3,205]

Topic moved from Tourist Visa forum to the Canada Regional Forum as Canadians have a unique 'tourist' relationship to the US and the concerns are better addressed in this forum.

[canadian_wife 1,820]

Just because he is 'allowed' to stay in the US for up to 180 days, does not mean he'll be admitted for that long

Since he was denied for lack of ties, what ties has he added sinc then?

Honestly, it is unlikely he'll be admitted for 6 months. I was denied entry and it became exponentially more difficult to enter

Good luck

[Flames9_RN 358]

Well technically the calendar does not reset. 1 could spend 6 months in the USA, step back in Canada for a day, then head back to the USA--of course with POE officer approval! Since he was fingerprinted, as others have said, most likely he is flagged and most likely going to have an more difficult time getting into the USA--again, it all depends on?? Yep the POE officer!! Ensure he has strong ties to Canada, but if a diligent POE officer looks at ur past and you have already been spending a lot of time in the USA, well he may deny you entry, OR another POE officer may look at it--he comes stays a long time, but he leaves,lol Again, all up to the POE officer! And keep in mind, if 1 Cdn is staying outside for longer than 6 months, he/she may loose their health care coverage! have aplan in case he does get denied! and NEVER lie!!! Only answer what they ask--but never LIE!!!!

[SF2007 48]

And keep in mind, if 1 Cdn is staying outside for longer than 6 months, he/she may loose their health care coverage!

You can file and exemption with RAMQ in Quebec which grants you a once in 7 years permission to be out of the country for 183 continuous days which they call "vacation year". In that case the person would be covered... but any government issue coverage worth ####### abroad. It barely covers anything. Better get your own travel insurance.

According to what you say happened, I think your boyfriend withdrew his application for admission. In which case they stamped his passport and he was told he needs waiver or get a visa before entering the US again. If you two want to be together, you should consider applying for an immigration visa. keep in mind it's a year long process and you will most likely have to be the on visiting him in Canada.

[Krikit 1,164]

CBP FAQ - Canadian Visitors <---- Read the bottom paragraph.

In which case they stamped his passport and he was told he needs waiver or get a visa before entering the US again.

^^This is incorrect. No visa or waiver required..... just proof of ties.

[JeannieL 44]

A waiver no...But he may have to pay for a parole into the US. I was denied at a land crossing in Dec of 2009. A few weeks later Kenny's mom passed away and I really wanted to be here for him. So I called the airport to see what I might be able to do. They told me I would need a return ticket, a death certificate, and proof of strong ties to Canada. I would also have to pay $65. for a parole which is a I-94 with a stamp in the middle PAROLED and the date that I would have to return by. I had to return that piece of paper when I came back through customs. The next time I went was in May (5 months later) I booked a ticket for 2 weeks. I took my ties with me. They did let me go in but gave me a I-94 again that did not say paroled on it, but had a date that I had to be back in Canada. I had to pass that in when going through customs again on the way back. The next time that I went was much easier, they just asked for my return ticket. They stamped my passport for 180 days after the date. So I could have stayed that length of time but I came back when I said I was going to with my return ticket.

You should think about applying for a visa. It takes time but is well worth it.

[SF2007 48]

CBP FAQ - Canadian Visitors <---- Read the bottom paragraph.

^^This is incorrect. No visa or waiver required..... just proof of ties.

If that is incorrect then I was lied to by customs officers last year. I was denied entry and was told I needed to come back with either a waiver or visa. Not sure if it makes a difference but I was flying.

[charlie baltimore 0]

He is planning on getting a phone and taking a few pay stubs with him when he tries again, but I am going to visit him at the end of the month, so by the time he would attempt to cross again he will have been in CA for at least 2 months. The border agent told him to wait at least 30 days, but said at the time that even if he had a return ticket he wouldn't have believed that he was coming back. The agent was convinced because my boyfriend said he was going "home" when asked.

When he came by air in January, the agent in Baltimore didn't even ask him how long he was staying, and he had a cat with him! It's crazy how different agents are and how imbalanced their judgment can be.

Are there any other suggestions for proof of ties that he should bring?

Thanks again

[JeannieL 44]

A letter from his employer stating his expected date of return to work is a big plus....A return ticket....Rental agreement or lease....Utility bill (not a cell phone bill)

They told me 30 days too....but where I had kind of an emergency with his mom passing away they paroled me in, they were still skeptical about doing that.

Good luck

[Krikit 1,164]

The agent was convinced because my boyfriend said he was going "home" when asked.

Oh boy. Yeah. Bad move.

Are there any other suggestions for proof of ties that he should bring?

This specifies K-1 applicants but it's applicable to all: Visitation FAQ's

[charlie baltimore 0]

Yeah, this was the first time that either one of us have been in this situation, and so we didn't even think about it, and when he said he was going home he said that because its where we had a life together. We both feel like if he didn't say that, he would have been allowed in. But thems the breaks!

Is it best if he just hangs out in Canada for at least four months before even thinking about coming back over?

[canadian_wife 1,820]

Although the amount of time in Canada is important, what will be more important at the POE is his ties

What ties does he have to Canada? After a denial of entry, that will be the first question asked in Secondary inspection

Good luck