Canadien extension visa during covid 19

[Rocio Torres 5]

Hi everybody,

 

I  got stuck in USA due to Corona virus.  I am Canadian and the admitted time to stay in USA  will finished on June 6, 2020.  All flights are suspending until June 30, 2020. Also all USCIS  offices are closed. 

I would like to know if I will face penalties for overstaying in USA  during this time, because I am unable to leave before the expiration of the admitted time, and I can not simply apply for an extension at the competent authorities.

 

My case is also stuck , we are waiting for the interview appointment in Montreal since February 2020. Maybe my case will have a penalty too.

 

Please let me know any information, or idea about my situation.

 

Thx

 

Rocio

 

 

 

[Lemonslice 4,922]

You can easily return to Canada by land; fly to an airport close to the border (Buffalo, Seattle, Boston), and drive from there.  Do everything to avoid overstaying.

[Rocio Torres 5]

hi,

 

I appreciated your suggestion thx. Unfortunately,  land borders are closed: Burlington and Plattsburg are closed at this time.

[geowrian 22,337]

Lots of options here...

 

1) Return to Canada by land. As a citizen, you can still travel into the country.

2) Keep trying to find flights. I did a quick search and there are at least a handful in early June showing as available.

3) Contact a Canadian embassy or consulate. They may be able to provide repatriation services.

4) File an Extension of Stay (EOS) via an I-539: https://www.uscis.gov/visit-united-states/extend-your-stay.

5) Since you are already in the US, you are eligible to file for Adjustment of Status (AOS) via an I-485, instead of finishing consular processing abroad to get a visa. You won't be able to work or leave (and return) to the US for ~4-7+ months (likely more given the circumstances), the current timeline for EAD/AP approval.

 

There is no exception for overstay at this time due to COVID-19.

Overstay would make visiting again unlikely. But only 180+ days of overstay would impact the visa as that's when bans begin (well, unless one were to be deported). To be clear, I'm not suggesting this as an option (it would be in the list above), just pointing out how it does or does not impact an immigrant visa since you remarked on it possibly doing so. I would absolutely not suggest this in any way.

Edited May 10, 2020 by geowrian

[Lemonslice 4,922]

Borders are NOT closed to Canadians.  Please give a call to CBSA if you need more information - 1-506-636-5064.   Not sure where you are trying to go in Canada, but larger American airports are open.  You could even drive back from most locations in the US, if you prefer. 

 

 

[HRQX 4,145]

34 minutes ago, Lemonslice said:

You can easily return to Canada by land

Plus some US airlines are still flying into Canada. For example both Delta and Alaska Airlines are flying from Seattle to Vancouver. And American Airlines is flying from Charlotte, NC to Montreal.

14 minutes ago, geowrian said:

I did a quick search and there are at least a handful in early June showing as available.

The routes I mentioned are also available this Monday and onward.

14 minutes ago, Lemonslice said:

Borders are NOT closed to Canadians.  Please give a call to CBSA if you need more information - 1-506-636-5064.

Yup. CBSA clearly says the restriction is on foreign nationals so OP is OK to enter. https://www.cbsa-asfc.gc.ca/travel-voyage/web-qaf-eng.html

14 minutes ago, geowrian said:

Contact a Canadian embassy or consulate. They may be able to provide repatriation services.

Yup; the following article refers to Global Affairs Canada. https://www.cbc.ca/news/politics/canada-repatrition-foreign-airlines-pandemic-covid-coronavirus-1.5557612

Edited May 10, 2020 by HRQX

[ykowalski 11]

Fly to Detroit and cross over to Canada. Land crossing is not closed, it is open to essential travels and to citizens returning. Canada will not tell you back to the US when you hold a Canadian passport. 

[Rocio Torres 5]

On 5/10/2020 at 1:20 AM, geowrian said:

Lots of options here...

 

1) Return to Canada by land. As a citizen, you can still travel into the country.

2) Keep trying to find flights. I did a quick search and there are at least a handful in early June showing as available.

3) Contact a Canadian embassy or consulate. They may be able to provide repatriation services.

4) File an Extension of Stay (EOS) via an I-539: https://www.uscis.gov/visit-united-states/extend-your-stay.

5) Since you are already in the US, you are eligible to file for Adjustment of Status (AOS) via an I-485, instead of finishing consular processing abroad to get a visa. You won't be able to work or leave (and return) to the US for ~4-7+ months (likely more given the circumstances), the current timeline for EAD/AP approval.

 

There is no exception for overstay at this time due to COVID-19.

Overstay would make visiting again unlikely. But only 180+ days of overstay would impact the visa as that's when bans begin (well, unless one were to be deported). To be clear, I'm not suggesting this as an option (it would be in the list above), just pointing out how it does or does not impact an immigrant visa since you remarked on it possibly doing so. I would absolutely not suggest this in any way.

 

[Rocio Torres 5]

Hi everybody,

 

Thx for all your messages.  I am in Florida, and I will travel to Burlington- Vermont and then I will go to Montreal by car on June 6!

 

I appreciated all important information you sent me.

 

Rocio

[HRQX 4,145]

2 hours ago, Rocio Torres said:

I am in Florida

Where in Florida exactly? There are possibilities for 1 layover in the US before flying to Montreal International Airport (YUL).

[Rocio Torres 5]

40 minutes ago, HRQX said:

1 layover in the US before flying to Montreal International Airport (YUL).

I found a flight Orlando to Burlington with 1 stop, on June 4.  

MCO to BDL

Depart: 6/4/2020 3:06 PM | Arrive: 6/4/2020 5:53 PM

BDL to BTV

Depart: 6/4/2020 6:43 PM | Arrive: 6/4/2020 7:36 PM   I could not do a car rental reservation with HERTZ, today. .   Thx for your msg Rocio

[HRQX 4,145]

2 hours ago, Rocio Torres said:

I found a flight Orlando

In May there are the following flights with 1 layover available:

• American Airlines - Orlando (MCO) to Charlotte, NC (CLT) to Montreal (YUL)
• Delta - Orlando (MCO) to Detroit (DTW) to Montreal (YUL)
• American Airlines - Orlando (MCO) to Philadelphia (PHL) to Montreal (YUL)

[AD_1987 2]

On 5/10/2020 at 1:20 AM, geowrian said:

5) Since you are already in the US, you are eligible to file for Adjustment of Status (AOS) via an I-485, instead of finishing consular processing abroad to get a visa. You won't be able to work or leave (and return) to the US for ~4-7+ months (likely more given the circumstances), the current timeline for EAD/AP approval.

Hi Rocio, thanks for this comment - I wonder if you could provide more info about the AOS/I-485 option? I am Canadian currently in the US for 3 weeks to visit my fiance (on the general B-2 visa we get at the airport when flying in). I understood previously that I am not allowed to get married in the US if I came here on a B-2 visa, as the B-2 visa states "no intention to marry or stay in the country". So, we opted to go the K-1 route a year ago for me to come to US and be allowed to get married. It has now been over a year of waiting due to him being deployed in Afghanistan for 6 months, and now 4 months of coronavirus delays. It seems that the possibility of us getting our interview in Montreal will likely only happen in 2021, another 6 months from now. The K-1 process will therefore likely be around 2-2.5 years for us instead of the expected 6-8 months. I need to get the visa and get married ASAP in order to start the clock on being eligible for citizenship (required for my fiance's job). Time is really of the essence for us. So, I'm wondering about the AOS/I-485 option, and if that would speed things up for us. Or would that be visa fraud as I was told since i am currently here on a B-2 visa? Thanks so much for your input!!

 

On 5/11/2020 at 4:57 PM, Rocio Torres said:

 

 

[HRQX 4,145]

2 hours ago, AD_1987 said:

So, I'm wondering about the AOS/I-485 option, and if that would speed things up for us.

Faster than getting K-1 and then doing AOS? Definitely.

 

Fastest option overall? Hard to know which of the following 2 options would end up being faster due to various factors. Your 2 options (after marriage) are:

• AOS; or
• the US citizen files I-130 to start CR-1 visa path. CR-1 is issued in Montreal consulate.

Both options have certain Pros and Cons.

 

AOS
    Expensive (filing fees and Civil Surgeon exam fees) and requires a lot of paperwork
    You can not leave the US until you receive approved Advance Parole (expect longer delays due to upcoming USCIS furloughs)    
    You can not work until you receive EAD (expect longer delays due to upcoming USCIS furloughs)    
    Some people have had problems with driver licenses, leases, bank account during this period. Also ineligible for SSN before EAD.    
    You will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Less expensive than AOS
    You can immediately travel outside the US    
    You are authorized to work immediately upon arrival.    
    You receive Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    You have legal permanent Resident status IMMEDIATELY upon entry to US.

Edited July 15, 2020 by HRQX

[JacobP 186]

10 hours ago, AD_1987 said:

I need to get the visa and get married ASAP in order to start the clock on being eligible for citizenship (required for my fiance's job).

 

 

Why do you believe you need to be a citizen immediately for your fiances job? Even for security clearances your lack of citizenship should not be an issue.