Can a Canadian get a B2 visa or is this assumed when you cross the border?

[stephiejoyce 0]

What is the best way for a Canadian to obtain a B2 visa? My bro in law (BIL) has been in the US for a chunk of days already. We are aware that he's only allowed 180 days in a calendar year and would like to file for an extension with the I-539. He doesn't have an official B2 visa though because they didn't require he have one to enter. What do we do now? He travels back to Canada for a few days every month. Should he try to obtain one next time he crosses back into the US? Does anyone else have any experience with this?

Thanks,

Stephanie

[canadian_wife 1,822]

http://www.uscis.gov/USCIS/Resources/C1en.pdf

For Canadians, it is difficult to A) get a toursit visa and B) extent ones stay. The reason has to be VERY compelling in order to have a visa extended

If your brother has been successful thus far in 'stepping out' and returning with no issues, why do you need to extend his stay?

Good luck, see the link above

[stephiejoyce 0]

Canadian_wife:

Thank you for replying! At least someone is reading...

Yes, my brother in law has been easily returning to Canada and coming back to the states without any problems, but we are worried that the border will know when he is past his 180 days (not yet). We have heard stories of people getting into serious trouble for overextending their stay. I don't know if this is true... but if there's something we can do legally, we'd like to. Otherwise I have no idea how border patrol tracks people that live on border towns or that go to Florida for 5+ months out of the year?!

It sounds like he could "apply"/ask for a B2 at the border and possibly get one?!!?

Thanks,

Stephanie

[canadian_wife 1,822]

Well, even if he is granted a b2 visa, they honestly may just write B2 in the passport since Canadians do not require a visa to visit.

Then he'll need a compelling reason to extend, do you have that compelling reason?

Good luck

[Boiler 45,558]

Your basic premise is wrong.

[HeatDeath 430]

CBP expects Canadian citizens to spend at least 6 months of the year in Canada. Once he passes that threshold, regardless of whether he broke up the period with meaningless little daytrips back to Canada, he is at risk of being denied entry.

There is no way to extend the amount of time he is allowed to spend in the US per year beyond 180 days. Depending on how long he's been in the US, CBP may already be correct to suspect he is living in the US and visiting Canada, rather than the other way around. After 6 months of cumulative time in the US, if he does anything to draw CBP's attention to the fact that he has spent substantially more time in the US than in Canada, it will probably get the door slammed in his face with a warning to stay in Canada for at least 6 months before trying to enter the US again.

[Boiler 45,558]

Canadians usually are admitted D/S.

[Harsh_77 718]

He has 5+ months which is 180 days, but if he wants to stay in US beyond that then he will need some reason why he is in US.

Extending the stay beyond that 180 threshold will bring up same question why he wants to stay in us for 180+ days?

What is he doing working? Which he is not allowed to do even during his 180 days without proper visa.

[stephiejoyce 0]

He works for an internet based company, so technically he could work anywhere in the world. He still maintains a Canadian bank account, still owns land in Canada, etc. He is not intending to move to the US or apply for immigration visa or anything like that. Honestly, he is just going thru a lot in life right now and just wants the support from family.

With that said, I don't know if there would be a hugely compelling reason to extend beyond 180 days, but my question is how do we even petition/request an extension? He technically doesn't have a B2 because it's just assumed right now. Do we have to file for an offical B2 so that we can extend?

I hated the immigration process when I "imported" my husband back in 2005... and still hate it 6 years later. I know it's there for good reasons and rules are rules, but it's still frustrating.

[Boiler 45,558]

He works for an internet based company, so technically he could work anywhere in the world. He still maintains a Canadian bank account, still owns land in Canada, etc. He is not intending to move to the US or apply for immigration visa or anything like that. Honestly, he is just going thru a lot in life right now and just wants the support from family.

With that said, I don't know if there would be a hugely compelling reason to extend beyond 180 days, but my question is how do we even petition/request an extension? He technically doesn't have a B2 because it's just assumed right now. Do we have to file for an offical B2 so that we can extend?

I hated the immigration process when I "imported" my husband back in 2005... and still hate it 6 years later. I know it's there for good reasons and rules are rules, but it's still frustrating.

Anywhere he is work authorised.

You said he was not immigrating, sounds like he has already broken his visitor status.

[stephiejoyce 0]

He has not broken his visitor status, as he has not stayed beyond 180 days. We have not filed paperwork for him to immigrate (and will not be doing so) so again, his visitor status is not in jeopardy.

[Boiler 45,558]

You said he was working whilst in the US.

[LIFE'SJOURNEY 970]

Can't he just take some R&R on one of the bordering towns between the US and Canada, and the family just pop over to visit him to give him the moral support that he needs.

He would need to apply for a vistor visa inorder to request that he be given an extension. This puts you'll back to where the orginal questioning started. Why does he need a vistor visa, and why does he need more than 180 days in the US for R&R.

Most people only hate rules when they start to effect them.

Good luck.

[HeatDeath 430]

You said he was working whilst in the US.

He can work remotely for a foreign employer, being paid in foreign currency being deposited to a foreign bank account. That's no problem.

That's no different than how I can legally go on a business trip to Japan. They admit me as a tourist, but there's no law against me going into a local office and doing a bunch of stuff my American employer wants me to do. As long as I'm being paid American currency into an American account by an American employer, Japan doesn't care what I do while I'm there.

Accepting Japanese cash [or a deposit into a Japanese bank account] from a Japanese employer, on the other hand, would certainly be a problem, given that I don't have Japanese working papers.

Edited May 12, 2011 by HeatDeath

[Boiler 45,558]

He can work remotely for a foreign employer, being paid in foreign currency being deposited to a foreign bank account. That's no problem.

Your assumption is VERY wrong. He told them that was what he was going to do and the still admitted him?

Sounds like he was VERY lucky.

Has he been filing his US taxes?