Canada B2 visa?

[MayMay1311 0]

Hello I was wondering if I could get some help with something i am wonderingI am a Canadian citizen in the USA I got into the states on Monday but my passport got stamped with a b2 visa that says September 30. I am visiting my boyfriend down here I guess they were worriedthat I would stay down here and not come back. I didn't get a form or anything just the stamp. I was wondering, does that mean I HAVE to go back before then? I heard that Canadians have a right to remain in the USA with a passport for max 6 months, does that mean I can't do that? I want to stay a month longer but I don't know If I can, I was thinking of filing for extended stay but I don't know if I need to and if I do 3 weeks wouldn't be enough time to get an answer I don't think. So I'm wondering do I have to go back before the 30th or am I fine as long as I don't overstay 6 months?

[Teddy B 17,252]

Hello I was wondering if I could get some help with something i am wonderingI am a Canadian citizen in the USA I got into the states on Monday but my passport got stamped with a b2 visa that says September 30. I am visiting my boyfriend down here I guess they were worriedthat I would stay down here and not come back. I didn't get a form or anything just the stamp. I was wondering, does that mean I HAVE to go back before then? I heard that Canadians have a right to remain in the USA with a passport for max 6 months, does that mean I can't do that? I want to stay a month longer but I don't know If I can, I was thinking of filing for extended stay but I don't know if I need to and if I do 3 weeks wouldn't be enough time to get an answer I don't think. So I'm wondering do I have to go back before the 30th or am I fine as long as I don't overstay 6 months?

That stamp in your passport is the equivalent of an I-94. Yes, you need to return to Canada by Sept 30th, or you will be accumulating unlawful presence in the US, this will hurt your chances of entering the US in the future.

[Boiler 45,997]

As long as you leave by that date you will be OK.

[MayMay1311 0]

So there's no way I can lengthen my stay then?

[Teddy B 17,252]

So there's no way I can lengthen my stay then?

You can try for an extension and file form I-539, but your chances of getting one off of a B2 visitor visa for non emergency purposes are very slim. It should be noted that your form I-539 has to be in the USCIS hands and logged into their system before your visa expires. The recomended lead time to file is approx. 2 to 3 weeks. It should also be noted that you will NOT be out of status while your extension request is being reviewed, but be prepared to leave immediately once you get the decision. This should buy you a month or so more time in the states without being out of status.

You can file the I-539 form on-line here: I-539

[Teddy B 17,252]

You can try for an extension and file form I-539, but your chances of getting one off of a B2 visitor visa for non emergency purposes are very slim. It should be noted that your form I-539 has to be in the USCIS hands and logged into their system before your visa expires. The recomended lead time to file is approx. 2 to 3 weeks. It should also be noted that you will NOT be out of status while your extension request is being reviewed, but be prepared to leave immediately once you get the decision. This should buy you a month or so more time in the states without being out of status.

You can file the I-539 form on-line here: I-539

Just wanted to clarify that technically, you will be out of status, but you won't acrue illegal presence, nor will the time you overstayed be used against you while waiting for the decision on the I-539. You are cutting it really close with your timeline. I would be very cautious about relying on this as an option, there's a good chance your application won't get in on time and then you'll have problems. You can read a bit more about the I-539 on the link I gave you, click on the "How Do I Extend My Nonimmigrant Stay" option in the upper right corner.

Edited September 12, 2012 by Teddy B

[Boiler 45,997]

Bear in mind that if you do this you are most unlikely to be able to visit anytime soon again.

[Teddy B 17,252]

Bear in mind that if you do this you are most unlikely to be able to visit anytime soon again.

Very true.

My personal opinion would be to go home and find out why you were given such a short time to stay here, most Canadians get the full 6 months. Fix whatever that problem is and then resume visits to the states. Maybe stop at a border crossing and talk to the US border patrol and see if they can shed some light on it for you. Your boyfriend could probably visit you in the mean time if it's a lengthy process.

[MayMay1311 0]

How do I find out what the problem is

[Teddy B 17,252]

How do I find out what the problem is

By stopping at the US border patrol on your way home and asking them. You probably have a good idea of why already. It is more than likely that you didn't have sufficient ties to Canada and they thought you were a high risk to immigrate, but I can't say for sure.