Visiting to the U.S., official stamped passport for a 2 month return- request extension?

[Cindo and Joe 0]

Hey everyone,

I have a Canadian friend who was driving across the border with an American (he is a U.S. citizen that was visiting in Canada).

Their plan was to take a road trip for the allowed 6 months around the U.S., camping at random campsites, etc. The border official stamped the Canadian's passport and required that she MUST drive back through the SAME border within 2 months or she will get a 10 year ban.

This has really messed up their plans as they wanted to spend at least 5 months traveling around the country.

Is it possible for a Canadian visiting the U.S. to request an extension that would override the official's requirement? Or could she drive back to Canada, and re-enter the U.S. again requesting more time than 2 months?

Thanks guys!

-Joe

[Jauque 1]

Hey everyone,

I have a Canadian friend who was driving across the border with an American (he is a U.S. citizen that was visiting in Canada).

Their plan was to take a road trip for the allowed 6 months around the U.S., camping at random campsites, etc. The border official stamped the Canadian's passport and required that she MUST drive back through the SAME border within 2 months or she will get a 10 year ban.

This has really messed up their plans as they wanted to spend at least 5 months traveling around the country.

Is it possible for a Canadian visiting the U.S. to request an extension that would override the official's requirement? Or could she drive back to Canada, and re-enter the U.S. again requesting more time than 2 months?

Thanks guys!

-Joe

Was she given an I-94? I was given an I-94 when I crossed the border at one point it was for 30 days when our intention was for me to stay for 5-6 months as well.

Did she tell the CBP that it was her intention to stay for 6 months or did she say it was only to stay for a 'few' months. I didn't want to say 6 months my first time through so I said a 'few' months which is why I think I was given the I-94.

If she was given an I-94 than it can be returned to any CBP station as far as I know. We drove back to the same border however, handed over my I-94 to the same guy that gave it to me and asked that I be allowed to stay the full 6 months. He said it was okay as long as I was back by the 6 month mark.

I believe that there is a way of applying for an extension of an I-94 without being at the border maybe someone will know more about that.

Edited July 28, 2009 by Jauque

[Cindo and Joe 0]

Hey everyone,

I have a Canadian friend who was driving across the border with an American (he is a U.S. citizen that was visiting in Canada).

Their plan was to take a road trip for the allowed 6 months around the U.S., camping at random campsites, etc. The border official stamped the Canadian's passport and required that she MUST drive back through the SAME border within 2 months or she will get a 10 year ban.

This has really messed up their plans as they wanted to spend at least 5 months traveling around the country.

Is it possible for a Canadian visiting the U.S. to request an extension that would override the official's requirement? Or could she drive back to Canada, and re-enter the U.S. again requesting more time than 2 months?

Thanks guys!

-Joe

Was she given an I-94? I was given an I-94 when I crossed the border at one point it was for 30 days when our intention was for me to stay for 5-6 months as well.

Did she tell the CBP that it was her intention to stay for 6 months or did she say it was only to stay for a 'few' months. I didn't want to say 6 months my first time through so I said a 'few' months which is why I think I was given the I-94.

If she was given an I-94 than it can be returned to any CBP station as far as I know. We drove back to the same border however, handed over my I-94 to the same guy that gave it to me and asked that I be allowed to stay the full 6 months. He said it was okay as long as I was back by the 6 month mark.

I believe that there is a way of applying for an extension of an I-94 without being at the border maybe someone will know more about that.

I will have to talk with them again to see if it was specifically an I-94, but this is what I know:

She did say "a couple of months" just like you had said- because she felt it would be more trouble if she had asked for the full 5-6 months.

They were interviewed for at least 2 hours, a full car search and everything. The Canadian (she) was given a lot of hassle because she had taken a leave from her job and didn't have many strong ties to Canada besides her cellphone bill. For us, it's obvious she cut most ties because she is going on a long vacation- but in the eyes of the officials it's a different story.

They had to sign documents and were told that if she does not return before the 2 month mark, that she would be banned from the U.S.... but ALSO the U.S. citizen traveling with her would be banned from entering Canada as well.

It has really ruined their travel plans and now there is the fear of possible future complications if they decide to get married and start a visa process.

[JillA 2]

I know someone, a few years back that also got a stamp saying they HAD to return to Canada within a certain timeframe. It sucks that it will screw up their vacation, but if they plan on being married and going about immigration she doesn't have a choice and must return by that date. I wouldn't risk getting the 10 year ban

[TimandJoyce 1]

awwww I'm so sorry this happened to your friend. I hope everything works out good for them both.

[Kathryn41 3,205]

I'm sorry they had this trouble as well but border officials mean business. She had better plan on leaving the US after the 2 months because they are serious about the ban. She may want to plan to remain in Canada for a month or two before she tries to return as well. She may find out, however, that they won't let her back in without a visa of some sort. Considering she had few ties to Canada to begin with she is lucky they even allowed her in for the two months. I believe extensions are possible but considering the length of time it takes for USCIS to process anything it is likely her time allotment in the US would expire before she received a decision. If the decision was no, then she would incur the 10 year ban when she left the US -not worth the risk, in my opinion.

If they decide to get married in these two months and apply for AOS, she is only proving that the border officials concerns were legitimate.

Edited July 29, 2009 by Kathryn41

[neiks 19]

but ALSO the U.S. citizen traveling with her would be banned from entering Canada as well.

I don't know how that is possible???? US Customs does NOT dictate who Canada bans from the country.

[Jauque 1]

Before your friend gets too upset rest assured that the American CBP cannot ban her USC boyfriend(I assume he's her boyfriend) from entering Canada that's completely out of his jurisdiction.

Next when she returns to the border she will pass through the Canadian side first and then have to turn around and go back through the American side (at least thats how the borders I've been too have worked) to drop off her I-94. When she drops it off she should request to stay longer which will likely have her being pulled inside to secondary. At this point she should tell the whole truth. I said that we wanted to spend the holidays together and spend more time together to decide if we want to pursue this any farther. There main concern was that we were going to get married and try to AOS skipping all of the K1 protocal (which tbh I had no idea a person could do).

Also during the next 2 months she should collect up a bit of evidence. In lieu of any good evidence at the very least have a bank statement proving she has the funds to support herself (that's what my CBP officer wanted to see). As long as she returns within the 2 months the most they can possibly do is deny her re-entry. They will not ban her for asking to go back. It will change her circumstances a littlle bit however as she will have to check yes under 'have you ever been denied entry to the US' on her customs (I think thats the paper I'm thinking of) slip.

The best piece of advice to give her however is to make sure that she personally delivers her I-94 back to the American side of the border, if she hands it off on the Canadian side and it gets lost or they throw it away without giving it to the American side then she will get a ban and have an overstay on her record.

Best of luck to her and look on the bright side they could have turned her around and said no alltogether that would have been much worse.

[Carlawarla 1]

She can apply for an extension. The main criteria is that there is a good explanation as to why she needs the extension, and it needs to be applied for at least 4 weeks before the expiry of the I-94. Here is the form:

http://www.uscis.gov/files/form/i-539.pdf

There are also provisions for e-filing this request. The cost to request an extension is $300.00. She would have to send in copies of all pages of her passport, and a copy of the I-94.

I don't know, if they're traveling however, where she would get and send mail from though.

Her best bet, would be to go home quite frankly. Then perhaps try and return at a later date.

Other than a cell phone bill, I don't think she had enough ties to Canada, according to the CBP. It's too bad, but it's discretionary, and I guess they doubted of her return.

There is other information about filing the form and the instructions on the USCIS site that she'd have to review on her own to see if this is something she'd like to pursue.

Edited July 29, 2009 by Carlawarla

[Cindo and Joe 0]

Just got word from them that it was a B-2 visa that was stapled inside of the Canadien's passport- is an I-94 just part of the B-2 or is it something completely different?

From what I'm seeing, it shouldn't be too difficult to get an extension on the B-2- would it be any faster if she were to find a Canadian Consulate in the U.S. and did it in person instead of by mail, or dealing with authorities at a POE?

[Jauque 1]

Just got word from them that it was a B-2 visa that was stapled inside of the Canadien's passport- is an I-94 just part of the B-2 or is it something completely different?

From what I'm seeing, it shouldn't be too difficult to get an extension on the B-2- would it be any faster if she were to find a Canadian Consulate in the U.S. and did it in person instead of by mail, or dealing with authorities at a POE?

B-2 is the name of the visa the I-94 would be the slip of paper that is stapled in her passport. She can't apply for an extension at a Canadian Consulate as they don't have anything to do with American Visa's.

Without a permanent adress I'm guessing it wouldn't be a good idea to do it by mail. Doing it at the POE would be her best bet I'm thinking. But I don't know too much about extensions.

[Carlawarla 1]

Just got word from them that it was a B-2 visa that was stapled inside of the Canadien's passport- is an I-94 just part of the B-2 or is it something completely different?

From what I'm seeing, it shouldn't be too difficult to get an extension on the B-2- would it be any faster if she were to find a Canadian Consulate in the U.S. and did it in person instead of by mail, or dealing with authorities at a POE?

The form I referred to in my previous post, IS the form that's used to extend the B-2 visa. It costs $300.00. There were some issues they might have in e filing it, having an address to receive it etc. if they're traveling though. Anyway, go to that link, and there is an instruction page there too I believe. I don't know that it's easy to get one...certainly onerous as far as paperwork, and the fee is outrageous!

Let us know what they decide to do!