Canadian Citizen

[Teddy B 17,252]

Canadian citizens do not accrue illegal presence unless they have an I-94 stamp on their passport and then stay past the date of the I-94 stamp. Any overstay by a Canadian citizen on a tourist visa does not automatically make them eligible for the mandatory bar. Granted it will probably be a long time before the Canadian citizen is allowed back into the states, but it will be up to the POE officer to determine that, there is no mandatory bar for Canadian citizens who overstay.

[Parwana 0]

Canadian citizens do not accrue illegal presence unless they have an I-94 stamp on their passport and then stay past the date of the I-94 stamp. Any overstay by a Canadian citizen on a tourist visa does not automatically make them eligible for the mandatory bar. Granted it will probably be a long time before the Canadian citizen is allowed back into the states, but it will be up to the POE officer to determine that, there is no mandatory bar for Canadian citizens who overstay.

AHHHHHH! This is a little relief. Thanks I don’t know which of you great people to listen to I have been to U.S many times for short trips and have never been stamped that I-94. So where-how can you confirm this because so far all other members in this room are saying if I stay 180 days and a second in U.S I will be banned for 3 years if 365 days and a second its 10 years banned from U.S .... which one should I follow. I know on their official website they state '' Canadian visitors are generally granted a stay in the U.S. for up to six months at the time of entry. Requests to extend or adjust a stay must be made prior to expiry to the U.S. Citizenship and Immigration Service. All Canadians are reminded that U.S. law requires all foreigners to qualify for the desired stay and purpose at the time of their initial entry. A visitor who intends to live, work or study in the U.S. without disclosing this information beforehand may be permanently barred from the U.S.''?

[Kathryn41 3,205]

Canadian citizens do not accrue illegal presence unless they have an I-94 stamp on their passport and then stay past the date of the I-94 stamp. Any overstay by a Canadian citizen on a tourist visa does not automatically make them eligible for the mandatory bar. Granted it will probably be a long time before the Canadian citizen is allowed back into the states, but it will be up to the POE officer to determine that, there is no mandatory bar for Canadian citizens who overstay.

This is actually not true. From personal experience I know of two Canadians who 'lived' in the US with their partners, who entered without a visa as a visitor, had no I-94 and were both in the US for several years. One was 'caught' when she and her partner decided to marry and honeymoon in the Caribbean. Coming back on the cruise ship she was detained by US immigration, put into a detention center in Miami and held there for several months while her parents frantically worked to get her deported back to Canada and out of the detention center. Her crime? Trying to re-enter the US when she had a 10 year ban from having more than 1 year out of status presence in the US. If she had been trying to enter at the Canadian border she would have been denied entry and told that her next attempt she would be detained. Since she entered from a foreign country, she was detained. She now has a permanent ban.

The second case was very similar except in this time they decided to go for a weekend in Mexico. She too was detained in a Detention Center while her family desperately tried to find a lawyer to act on her behalf and expedite her deportation. Her crime was the same - trying to re-enter the US while having a 10 year ban from after having lived in the US illegally and accrued more than 180 days of illegal presence.She too had entered as a Canadian from Canada without an I-94, had met an American, got married and hadn't taken care of the immigration paperwork.

So,since Canadians do not get an I-94, they are considered to have a defacto B-2 Visitor's visa. The maximum time period for a Canadian to be in the US unless otherwise noted is 180 days. Even without an I-94, a Canadian accrues out of status days. There is nothing in the legislation/regulations that states Canadians or those without an I-94 are not subject to the mandatory and automatic bar that is incurred after 180 or 360 days out of status presence in the US. Canadians are not exempt from this aspect of the legislation.

Edited November 6, 2012 by Kathryn41

[Kathryn41 3,205]

Canadians are not exempt from the legislation because they weren't issued I-94s. I-94s provide a definitive 'entry' date that can be used to measure how long an individual has been in the US and could thus, prove an overstay. Since Canadians generally didn't have I-94s, it was more difficult to prove the length of time the individual had stayed in the US. In the past, lawyers used to be able to get 3 and 10 year bans issued to Canadians reversed or overturned because US Customs and Immigration could not prove definitively when the individual entered the US, unless they 'confessed' to the overstay. We live in different times now. When a Canadian arrives at the border requesting admission, they must present their passports or their approved travel documents. These are scanned at the border and even without an I-94, they provide a definitive 'date' of entry that can be used legally to prove the amount of overstay or out of status days a Canadian accrues.

Edited November 6, 2012 by Kathryn41

[Teddy B 17,252]

This is actually not true. From personal experience I know of two Canadians who 'lived' in the US with their partners, who entered without a visa as a visitor, had no I-94 and were both in the US for several years. One was 'caught' when she and her partner decided to marry and honeymoon in the Caribbean. Coming back on the cruise ship she was detained by US immigration, put into a detention center in Miami and held there for several months while her parents frantically worked to get her deported back to Canada and out of the detention center. Her crime? Trying to re-enter the US when she had a 10 year ban from having more than 1 year out of status presence in the US. If she had been trying to enter at the Canadian border she would have been denied entry and told that her next attempt she would be detained. Since she entered from a foreign country, she was detained. She now has a permanent ban.

The second case was very similar except in this time they decided to go for a weekend in Mexico. She too was detained in a Detention Center while her family desperately tried to find a lawyer to act on her behalf and expedite her deportation. Her crime was the same - trying to re-enter the US while having a 10 year ban from after having lived in the US illegally and accrued more than 180 days of illegal presence.She too had entered as a Canadian from Canada without an I-94, had met an American, got married and hadn't taken care of the immigration paperwork.

So,since Canadians do not get an I-94, they are considered to have a defacto B-2 Visitor's visa. The maximum time period for a Canadian to be in the US unless otherwise noted is 180 days. Even without an I-94, a Canadian accrues out of status days. There is nothing in the legislation/regulations that states Canadians or those without an I-94 are not subject to the mandatory and automatic bar that is incurred after 180 or 360 days out of status presence in the US. Canadians are not exempt from this aspect of the legislation.

Kathryn, While it may appear that your friends triggered an automatic bar simply for overstaying on a visitor visa, they both have something else in common which I believe was the main reason for their being detained and barred. They both married US citizens and left the country without adjusting their status. Ofcourse they will be detained and subsequently barred upon re-entry, they are committing fraud.

According to the USCIS Policy and Procedural Manual of 2009 regarding unlawful status vs. unlawful presence, Canadian citizens who enter the US on a B2 visitor visa and do not receive an I-94 stamp in their passport are considered "Duration Of Stay" or "Duration Of Status" for purposes of determining unlawful presence. Any nonimmigrant that is considered to be "Duration Of Status" cannot accrue illegal presence without being given an exit date by USCIS. This exit date can be given by being refused a Change Of Status, by an immigration judge, or a USCIS adjudicator, but until this happens, there is no illegal presence and there is no automatic bar for overstay.

Please go to the following link for the forementioned USCIS manual, click on the manual and at the bottom of page 25 you will see the exact terminology I am referring to. I would copy and paste it here, but it is restricted from being copied.

USCIS Manual

To the OP, I only posted this information to clarify what was being said in this thread regarding the "automatic bar", it was not meant to give you false hope. While your overstay does not trigger this automatic bar, it does also not prevent the POE officers or USCIS from doing an investigation that leads to a bar. You will definitely not be allowed back in the states any time soon if you decide to leave before your husband becomes a USC and petitions for you. The POE officers are not stupid and will deny you re-entry to the states because of your overstay. The only difference between your overstay and illegal presence is that it allows the POE officers to determine whether or not you will be allowed back into the states, rather than an automatic bar of 3 or 10 years. But be assured you will not be allowed back in for a long time if you leave before you adjust your status.

Edited November 6, 2012 by Teddy B

[Teddy B 17,252]

Canadians are not exempt from the legislation because they weren't issued I-94s. I-94s provide a definitive 'entry' date that can be used to measure how long an individual has been in the US and could thus, prove an overstay. Since Canadians generally didn't have I-94s, it was more difficult to prove the length of time the individual had stayed in the US. In the past, lawyers used to be able to get 3 and 10 year bans issued to Canadians reversed or overturned because US Customs and Immigration could not prove definitively when the individual entered the US, unless they 'confessed' to the overstay. We live in different times now. When a Canadian arrives at the border requesting admission, they must present their passports or their approved travel documents. These are scanned at the border and even without an I-94, they provide a definitive 'date' of entry that can be used legally to prove the amount of overstay or out of status days a Canadian accrues.

Yes they are exempt from accruing illegal presence if they do not receive an I-94. An I-94 provides a definitive exit date, and that is what is required for a Canadian tourist to accrue illegal presence. No exit date, no illegal presence.

Edited November 6, 2012 by Teddy B

[Parwana 0]

Yes they are exempt from accruing illegal presence if they do not receive an I-94. An I-94 provides a definitive exit date, and that is what is required for a Canadian tourist to accrue illegal presence. No exit date, no illegal presence.

No exit date, no illegal presence. ??

When you guys are saying they are scanning the passports when someone is requesting admission, But that is entry ONLY they do not scan passports when you exit?? I Have been to the U.S. few times on short trips when I go to the airport when I leave, I just scan my passport at those boarding pass points and get my boarding pass after that I have never been stopped by no one where am I heading? So how would they know when I left? Please add some more lights here...

Thanks

[Teddy B 17,252]

No exit date, no illegal presence. ??

When you guys are saying they are scanning the passports when someone is requesting admission, But that is entry ONLY they do not scan passports when you exit?? I Have been to the U.S. few times on short trips when I go to the airport when I leave, I just scan my passport at those boarding pass points and get my boarding pass after that I have never been stopped by no one where am I heading? So how would they know when I left? Please add some more lights here...

Thanks

If you're scanning your passport, then it goes into their data basae.

Go hear USCIS for everything you need to know regarding the laws on overstays, unlawful status, unlawful presence and mandatory bars. Pay extra attention to page 25, that is where it explains about duration of status and Canadian tourists.

[Parwana 0]

If you're scanning your passport, then it goes into their data basae.

Go hear USCIS for everything you need to know regarding the laws on overstays, unlawful status, unlawful presence and mandatory bars. Pay extra attention to page 25, that is where it explains about duration of status and Canadian tourists.

Hello,

Finally I decided to join a college/program here in the U.S. – I know it’s expensive but no choice. So here what I have to do according to the college folks:

1. I have to apply for I-120

2. Show that I have enough funds to pay for my course

3. Show that I have enough funds to pay for my expense while I am in the U.S

Once this all gets approved I have to go to the U.S border to get the I-94 attached to my passport.

Questions:

1. Do I have to go to the border, I am already in U.S., Can I make an appointment (Infopass) at a local USCIS office and get them stamp that I-94 into my passport, I mean is there any way that I can do this within the U.S?

2. If there is NO ways I can stamp I-94 within the U.S., which border folks are kinder … I want everything to go smooth?

[canadian_wife 1,827]

The school issues you the I20, you don't apply for one

USCIS doesn't issue visas so going to Info pass is useless

Yes, you have to go to a Port of Entry

Good luck

PS - keep in mind, it has to be more than a 'course'. It needs to be an accredited program

[Teddy B 17,252]

Hello,

Finally I decided to join a college/program here in the U.S. I know its expensive but no choice. So here what I have to do according to the college folks:

1. I have to apply for I-120

2. Show that I have enough funds to pay for my course

3. Show that I have enough funds to pay for my expense while I am in the U.S

Once this all gets approved I have to go to the U.S border to get the I-94 attached to my passport.

Questions:

1. Do I have to go to the border, I am already in U.S., Can I make an appointment (Infopass) at a local USCIS office and get them stamp that I-94 into my passport, I mean is there any way that I can do this within the U.S?

2. If there is NO ways I can stamp I-94 within the U.S., which border folks are kinder … I want everything to go smooth?

You will need to file form I-539 to change/extend your status. Be sure you get this in approx. one month before your current B2 status expires. Very important, do not enroll in classes before you obtain your F1/M1.

You may want to read here: B1/B2 To F1/M1

Also, be prepared to be questioned as to why you didn't declare yourself as a perspective student to border patrol when you entered the states. Good luck.

Edited November 8, 2012 by Teddy B

[Parwana 0]

You will need to file form I-539 to change/extend your status. Be sure you get this in approx. one month before your current B2 status expires. Very important, do not enroll in classes before you obtain your F1/M1.

You may want to read here: B1/B2 To F1/M1

Also, be prepared to be questioned as to why you didn't declare yourself as a perspective student to border patrol when you entered the states. Good luck.

I just entered to U.S 2 months ago and I am going to apply for I-120 this Friday, I have talked to the college consoler she said ‘’we issue I-20s within 10 business days’’ so as soon as I get that I will head to Canada which will be before thanksgiving, do I still need to apply for form I-539, I thought Canadians are allowed to stay in the U.S for 6 months ‘’as a visitor’’ mine is only 2 months?

Please advise.

Thanks,

M

[Teddy B 17,252]

I just entered to U.S 2 months ago and I am going to apply for I-120 this Friday, I have talked to the college consoler she said ‘’we issue I-20s within 10 business days’’ so as soon as I get that I will head to Canada which will be before thanksgiving, do I still need to apply for form I-539, I thought Canadians are allowed to stay in the U.S for 6 months ‘’as a visitor’’ mine is only 2 months?

Please advise.

Thanks,

M

Are you reading any of the links I've provided? All of the info you need is there.

[Harsh_77 718]

I just entered to U.S 2 months ago and I am going to apply for I-120 this Friday, I have talked to the college consoler she said ‘’we issue I-20s within 10 business days’’ so as soon as I get that I will head to Canada which will be before thanksgiving, do I still need to apply for form I-539, I thought Canadians are allowed to stay in the U.S for 6 months ‘’as a visitor’’ mine is only 2 months?

Please advise.

Thanks,

M

You just don’t apply for I20; you apply for admission to the college and send all the supporting document to the college, including your transcripts, financial details etc.

Once the school accepts your admission they would issue you an I-20.

School does not issue I20 in like 2 -3 days, it takes them couple weeks, if you are going back home for thanks giving then best option would be for you to wait at home and once you get the I20 you can interview at the consulate which can stamp F1 in your passport and then you enter US with F1 visa.

[Parwana 0]

You just don’t apply for I20; you apply for admission to the college and send all the supporting document to the college, including your transcripts, financial details etc.

Once the school accepts your admission they would issue you an I-20.

School does not issue I20 in like 2 -3 days, it takes them couple weeks, if you are going back home for thanks giving then best option would be for you to wait at home and once you get the I20 you can interview at the consulate which can stamp F1 in your passport and then you enter US with F1 visa.

I am not Indian. Canadians are different when it comes to visit and study. thank you for your advise - read Teddy B's replies.

Are you reading any of the links I've provided? All of the info you need is there.

Teddy,

I read the link you've sent me I did not find any information about that new form you've mentioned . so is that apart of the requirments?