Question about staying in the states

[Switchblade 0]

Hey,

So I'm wondering if I intended to stay in the United States for a month and then I get invited to stay two weeks longer, is that classified as an overstay?

Or am I technically allowed to do that? I am a Canadian Citizen if that helps at all.

Would I be asked anything weird on the way back to Canada if I do so as well?

[Kathryn41 3,205]

It depends on what you were asked at the border and how long you have been in the US already. If you are a Canadian citizen and have been in the US for 4 weeks, and were told when you entered the US that you could only stay for those 4 weeks, then yes, it would be an overstay. If when you entered the US you said you intended to stay for 4 weeks and the guard said nothing to restrict you to those 4 weeks, then you are able to stay longer as long as you don't exceed the 6 months allowed for Canadian visitors.

Basically, you are allowed to stay for 6 months unless you have been given instructions otherwise at the border, either providing you with an actual date or number of weeks of visit, or by telling you that you need to observe that 4 week original limit. If you were told nothing at the border, then enjoy your 2 extra weeks holiday. If you were given an actual date by which you need to be out of the US - which I believe you said in your other thread that you were - then if you stay beyond that date, yes, you will be in an overstay situation, and yes, it will put any future border crossings at risk for denied entry as you have proven yourself to be unreliable and untrustworthy. http://www.visajourney.com/forums/topic/314333-got-denied-at-border-intended-imm/page__view__findpost__p__4730648

Upon your return to Canada you will likely be asked how long you were out of the country. This is mainly because of customs regulations that allow you to bring in different values of goods duty free depending on how long you were out of Canada. They will know the date you returned to Canada. The US will know the date you arrived in the US. The two borders do communicate with each other.

If you overstay the time you were allowed in the US you may very well be asked to prove that you left on time for this visit on any future visits to the US, either the next visit or a later visit. You will have no way of knowing if they already know about your overstay or not so being anything less than truthful is a huge liability. If you lie about the overstay and they know about it, then you will be found guilty of material misrepresentation, denied entry to the US on that visit, and receive either a multiple year ban or life time ban on being allowed to enter the US.

Kind of makes one wonder if the immediate gratification of those extra two weeks is worth the long term pain and consequences.

Edited July 10, 2011 by Kathryn41

[Krikit 1,164]

Why don't you call the Port of Entry and ask them.

[Switchblade 0]

Hey,

I took your advice and called the CBP. The guy on the phone asked if the border patrol agent when I came over to the United States gave me an I-94 form and I said no. He told me then I have up to 6 months to stay in the United States if the girl didn't give me that form. He said only the I-94 can limit a Canadian Citizen to a certain amount of time in the United States.

I also asked him when I come back to the United States next time if that would be an overstay and he told me no unless I was given that I-94 form.

So right now I'm leaning to staying that extra few weeks until my friends start school again in mid August.

Any thoughts on this? I'm supposed to leave tomorrow.

[Colleens 40]

Did you fly or drive?

One time when I flew when they stamped my passport at the pre-clearance with the entrance stamp they put the date that I said I was planning on returning within the stamp, and that was when I had to return. It was the only time that they ever put a date in that space. I would check to see if they have entered a date within your entrance stamp. If not then you should have no issues staying longer.

[Switchblade 0]

Hey,

Yes I flew here on the 15th of June.

It's the only stamp in my passport since it was the first time I've flown to the States since the new rules.

All it says is

"Admited for June 15th"

And then right below that she wrote B2 in Pen and that's it.

Is that normal?

[Inky 1,110]

That means they gave you temporary B2 visa status on your entry.

[Switchblade 0]

This what my passport stamp looks like, just different dates. I got that picture online, but my date says June 15th 2011, everything else is the same.

http://farm1.static.flickr.com/101/366582799_17e5e7b828.jpg

[Inky 1,110]

Yep temporary B2 visa status to enter the USA. My old passport has the same thing in it from one of my entrys when they pulled me into secondary. They allowed me to enter but only with temporary B2 status.

[SapphireDreams 71]

You are fine to stay for up to six months.

Enjoy your stay!

[Switchblade 0]

So that's what it means? Does everybody that goes through secondary inspection and is eventually admitted get that B2 marked in their passport?

Thanks for all your replies and help!

[SapphireDreams 71]

So that's what it means? Does everybody that goes through secondary inspection and is eventually admitted get that B2 marked in their passport?

Thanks for all your replies and help!

Not everyone gets a note of B2 in the their passport, but its essentially what every Canadian is being admitted on unless otherwise stated. Unless you were explicitly told to leave by a certain date, or there is an expiration of your B2 written on your passport/ticket, then the B2 is valid for 6 months.

[Kathryn41 3,205]

Not everyone gets a note of B2 in the their passport, but its essentially what every Canadian is being admitted on unless otherwise stated. Unless you were explicitly told to leave by a certain date, or there is an expiration of your B2 written on your passport/ticket, then the B2 is valid for 6 months.

He was explicitly told by the border guard to come back on July 26th. http://www.visajourney.com/forums/topic/314333-got-denied-at-border-intended-imm/page__st__15__p__4730648#entry4730648

[SapphireDreams 71]

He was explicitly told by the border guard to come back on July 26th. http://www.visajourney.com/forums/topic/314333-got-denied-at-border-intended-imm/page__st__15__p__4730648#entry4730648

Well yeah, what I said still holds true. If you were explicitly told to leave by a certain date, then you should leave by that date because they likely made a note of it.

Especially if you went through secondary!

[canadian_wife 1,818]

I agree, if you were told to leave by a certain date, then I would certainly leave by that date...which is today isn't it?

Good luck