Married but Husband needs to get back to Canada

[Andis 0]

A recent Department of State cable has also clarified that Canadian citizens and Commonwealth citizens residing in Canada who enter the United States as visitors are to be treated as duration of status cases. This is because such aliens are not issued I-94's when then are admitted as visitors. The DOS cable is discussed in 76 Interpreter Releases 1552 (October 25, 1999).

http://www.americanl...m/exclud9A.html

You mean the discussion from this thread here

http://www.visajourney.com/forums/topic/247169-visitor-with-long-overstay-married-to-usc/

I am not this cable if it were true is pre 911 era very long time ago.

[Andis 0]

You mean the discussion from this thread here

http://www.visajourn...married-to-usc/

*Corrected * I am not sure about this cable. if it were true is pre 911 era very long time ago.

Probably you may want to look at this one too

http://www.visajourney.com/forums/topic/279656-my-wife-canadian-citizens-situation-help-advice-please/

I hope this will help OP...

[Kathryn41 3,205]

I know as recently as 2003 when I was still working for a Member of Parliament in Canada we had a constituent whose daughter entered the US as a visitor several years prior, married an American and did not bother to do the paperwork. In 2003 they left to go on a Caribbean cruise. When they returned to the US, she was questioned by immigration about where she was living and how long she was living in the US and what was her status. When they discovered she was living there as an overstayed Canadian visitor (3 years at this time), they didn't just bar her from re-entry. They actually put her into a detention center where she remained for about 3 months while they processed the deportation paperwork. When she was deported she was given a permanent ban on ever being allowed to enter the US again. They also told her she was lucky - she could have been imprisoned for a lot longer than she was while they were processing her.

So, Krikit has given you the best information. Duration of Stay may have been more of an understanding in the past, but not now. Canadians have a 6 month window of time during which they are allowed to be a visitor in the US. Any time after that 6 months that they remain in the US they accrue out of status days earned towards the same 3 year and 10 year bans as any other individual violating immigration regulations. The nature of the Canadians crossing into the US is a de-facto B1 visa without having to go through all of the paperwork to request the B1 (at least for the time being). It isn't a Visa Waiver, but it is still considered a type of visitor visa with a maximum duration of stay of 6 months unless told otherwise at the border.

Your best course of action is for your husband to remain in the US, file for AOS - get a co-sponsor if you need to - file for EAD and don't bother with the AP because once he leaves the US without having an approved green card, he will be banned from re-entering for at least 10 years and if he does try to re-enter may well find himself imprisoned and held for deportation - something yo don't want to go through.

If he does leave the US, then you will want to look at what is involved for you to immigrate to Canada - once he re-establishes himself as a returning Canadian.

Edited February 23, 2011 by Kathryn41

[Boiler 45,486]

I agree with the adjustment in country, but I had not heard of the rules changing for the 3/10 year bans, something very new?