Am I being paranoid??

[SweetDefiance 0]

When my boyfriend goes back to Canada next month he will have been here 5 months. He drove across the border with his dad and when he did the POE just looked at his Passport and let them through. No paperwork or anything, he doesnt even remember them putting anything into the computer.

But now i'm freaked out when he goes to go home the POE will put some kind of ban on him for being here so long and when we do get our visa he wont be able to come back.

Could that happen or are we ok because hes techincally allowed to be here 6 months and he just came over the border without any sort of paper work restricting him to any sort of time frame or anything, just allowed in.

Any advice would be awesome cus i've been really freaking out about this.

[gwenneh 7]

If he's not doing anything illegal, then why are you worrying?

[SweetDefiance 0]

If he's not doing anything illegal, then why are you worrying?

I'm worrying because I keep reading about people who get bans put on them for coming into the country to often or to long. I don't think i ever implied we are doing anything illegal. Just worried that he stayed to long is all.

[gwenneh 7]

If, as you said, he's allowed to be here for six months and he's only been here for five, then why are you worrying?

[meauxna 15]

If he's not doing anything illegal, then why are you worrying?

I'm worrying because I keep reading about people who get bans put on them for coming into the country to often or to long. I don't think i ever implied we are doing anything illegal. Just worried that he stayed to long is all.

Those things happen at entry.

He entered legally. He will leave on time.

If you are worried, collect a few pieces of evidence that show when he was last in Canada (credit card slips etc) and a few that show when he returned.

It's a non issue for you at this point tho. The events you mention happen when someone is entering the US.

[dwar49 0]

If your Fiancee did not over stay his visa whether on VWP or not, he should not be banned. Even being denied entry on a VWP does not gain you a 10 year ban unless there are other circumstances that have earned that ban.

VWP was instituted to obviate unnecessary red tape and to make it easier from some participant countries to travel to the USA. There is a reciprocal element to VWP, while it provides ease for those coming to the US, it also makes it easier for United States citizens to travel more easily to cooperating countries. The linch-pin of the program is the waiver (placed into effect with the I94, which assures that a alien who enters with an VWP "visa" will leave on time and will not engage in a host of legal and factual claims to impede any removal. As a consequence, deportation/removal or exclusion of an alien under the VWP “shall be effected without referral of the alien to an immigration judge for determination of deportability.”

"An applicant who is determined to be inadmissible, or who is in possession of and presents

fraudulent or counterfeit travel documents, will be refused admission and removed unless he or she

expresses a desire to apply for asylum or shows a credible fear of persecution. A denial of admi ssion

does not constitute removal under the Act. However, there is no right to administrative or judicial

review of that determination. The provisions of INA §235( referred to as “expedited removal” do

not apply to an applicant for admission under the VWP. Removal may be deferred so as to allow

parole into custody for criminal prosecution or punishment.

A VWP nonimmigrant who is deemed inadmissible by an immigration officer at the port of entry and who has no intention of claiming asylum should, if permitted by the inspecting officer, consider seeking withdrawal of his or her application for admission. The ability to withdraw an application for admission is at the discretion of

the inspecting officer.86 The withdrawal of an appl ication for admission will result in the applicant’s

return to his or her country of origin, but it avoids the imposition of an order of removal and a future

finding of inadmissibility on account of the removal. ( Note this applies to future visitors, not immigrants:An applicant who is refused admission under the VWP on the basis of INA §212(a) can apply for a nonimmigrant visa at a U.S. consulate if the person can demonstrate eligibility for a nonimmigrant visa. This is the only way to challenge such a denial. If a visa is refused, there is no other recourse.)"

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e) ) prior to the commencement of proceedings under section 235)(1) or section 240 , and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States, is inadmissible.

(ii) Construction of unlawful presence.-For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

[desert_fox 32]

Canada is not a VWP country. No I-94's, no passports. Its governed by a sparate treaty between the US and Canada.

[Kathryn41 3,205]

He should be fine. He entered legally, was inspected at the border by a guard who authorized his entry with his father (the license plate of the car will be in the computer) and is leaving before the de facto 6 month allowed stay. If he is concerned that there will be no record of how long he stayed, he can always check in with immigration on his way out and advise them that he wants it recorded that he did not overstay. All he probably needs to do, though, is to remember the dates he entered and the dates he left since he will be asked to provide them for the K-1 and later one for the AOS (adjustment of status). It is good to be concerned but you have nothing to worry about.

Edited July 17, 2006 by Kathryn41