Entering to the US from Canada with a valid Canadian Work Permit

[persianguy 0]

Hi everybody ,

I am going to enter the US from Montreal with a valid Canadian work permit ,

I've got a B1/B2 visa for a conference which I couldn't make it (I have a study permit which expires at the end of this month and I am planning to enter the US right at the same date)

I am worried about the officer in the airport and the possibility that she/he won't be convinced about my ties back to Canada,

This work permit that I have is a Post Graduate Work Permit and I am planning to stay in the US for 4-5 months to visit, Is it possible that they issue me a visa less than 6 months or even worse reject me ?

Thanks

Edited August 18, 2013 by persianguy

[Harpa Timsah 13,258]

How can you stay in the US for 5 months when you have a job in Canada? Doesn't add up.

[persianguy 0]

I just finished my school and I want to go to some road trips before starting my job here in Canada, and the work permit is issued for every student finishing the school , you don't have to have a job to get one , it's Post Graduate Work Permit

[vegasbound 83]

Personally, I think based on your current situation, you'll most likely be denied entry into the US, especially for a 4 - 5 months visit.

The bottom line is that you lack strong ties to Canada that would compel you to return after your visit. How are you planning to convince the immigration officer that your intention is to visit and not stay in the US? You need to show concrete evidence. The Post Graduation Work Permit doesn't help when you do not have a job in Canada. What's the condition, if any, on your B1/B2 visa? Did you get the visa on the basis of attending the conference that you ended up not attending? That would certainly raise some red flags at the border.

And on top of it all, based on your username, I am going to say that you are originally from Iran?

Knowing the ongoing situation between Iran and the US, it is just going to add a higher level of scrutiny on your intention to enter the US.

[canadian_wife 1,822]

I agree, with the above posters

How did you acquire the B1/2i visa? How long is it good for?

How can you afford a trip for 4-5 months if you just finished school?

good luck

[NigeriaorBust 4,087]

If you are not a Canadian you need a current valid US visa to enter the US. Was your B1/B2 single entry and is it still valid? If it is and it was issued for a conference they will only let you in for a short period. If not then you will need a visa.

[persianguy 0]

Actually I received the visa AFTER the conference ! I wanted to attend the conference , but it took so long for them to issue me the visa, it's B1/B2 type and it's still valid. I don't want to stay 4,5 months, my plan right now is for 10 weeks with some days camping in national parks , I am going to start my job at the same research center I did my master's in December and I managed to save the money to go to a trip after my school and before starting the job.

[persianguy 0]

And by the way, isn't it the officer at the embassy who need to be convinced that I am going to return back to Canada ? why do I really need to stay in the states illegally while I have a Canadian work permit ? and if the visa was issued for the conference , why did they give it back to me while they knew it was over ? and why it is valid for 3 months ?

[vegasbound 83]

And by the way, isn't it the officer at the embassy who need to be convinced that I am going to return back to Canada ? why do I really need to stay in the states illegally while I have a Canadian work permit ? and if the visa was issued for the conference , why did they give it back to me while they knew it was over ? and why it is valid for 3 months ?

Perhaps your situation was different at the time you applied your B1/B2 visa. Were you still a graduate student when you applied? You also had a specific reason at the time because you wanted to attend the conference. Those two factors could have helped you obtain the visa but your situation has changed and those factors are not applicable now. The embassy made the decision to issue you a visa solely based on the evaluation of your situation at the time of the interview.

Being issued a visa indicates you have been pre-approved by the embassy that you are eligible to enter the US, under certain conditions, but it does not guarantee admission. Entry to the US is determined by the CBP officers at the POE (point of entry) and they will make a decision based on your situation at the time of entry.

The validity of the visa is determined by the country in which the applicant is a citizen of - and for Iran, the max is 3 months.

[vegasbound 83]

Actually I received the visa AFTER the conference ! I wanted to attend the conference , but it took so long for them to issue me the visa, it's B1/B2 type and it's still valid. I don't want to stay 4,5 months, my plan right now is for 10 weeks with some days camping in national parks , I am going to start my job at the same research center I did my master's in December and I managed to save the money to go to a trip after my school and before starting the job.

Again, it is not very useful to convince the CBP officer in a verbal manner. Your situation and your intent to visit the US may sound plausible and reasonable to us but a CBP officer will only want to see some evidence. Do you have a job offer letter from the research center? They will likely want to see account balance statement and see how much money you have saved up. They will need to see travel itineraries. It doesn't help when you want to do a "road trip"

because if you were flying into the US, showing a return flight ticket could be useful as well. Be prepared to bring lots of evidence if you do decide to proceed with your travel plans.

[Harsh_77 718]

You will still have to convince the officer at you POE about your intentions. All you have is work permit has the school already offered you to the job?

If yes try to get a letter from school showing you already have a job and start date on it.

[persianguy 0]

Actually I have a bank statement for 12000$ , cash for 8000$ , a trip plan for 10 weeks or so, Canada's work permit for 3 years, Canada's multiple entry visa for 3 years , a return ticket to Canada and a hotel booking for my first week in the US , I also talked to the center that I want to work for to issue me the job offer letter (it's not something VERY official , because it's not a contract , it's a letter which states that " we are offering you a job which start at X date ...." , I can get a letter from the building manager (it's again not the rental contract form , it only says that this person has an apartment at X address and his contract terminates at Y date)

Aren't these enough ? I called the border and they told me they don't even look at the permits and any document , they only need a valid B1/B2 visa and in a valid passport

[persianguy 0]

Actually I completely described them the situation (that I first applied for a visa to attend a conference and I received it after it and at that time I had a study permit but it will expire by the date that I want to enter the US , and all he said was that : "there is no problem , it's non of our concern as you need your permit to go back to Canada and we don't even look at your permit , you only need to have a valid passport and a valid B1/B2 visa and there's no document required to show")

[Harsh_77 718]

Wish it was that simple, some cases go that simple and some don't hence you need to be prepared to show your ties.

If it was this simple ppl would not be turned around at the border.

Good luck.