How to avoid US 'overstay' waiting on Canada visitor visa

[rchilde]

Hi all. I have an interesting problem and need your help.

 

My wife's dad has a one year B-2 visa and has been here since May 24. His I94 expires Nov 23 but instead of extending we want to go to Vancouver for a visit with the thought that he'd receive a new I94 at the border upon re-entry. He'd need a Canada visitors visa making this route potentially cheaper than extending.

 

So far so good, but here's the problem. I received notice early this month from Canada that he's approved and to send them his passport. I did this last week (along with prepaid return postage with tracking) and was hoping to receive it back this week but nothing has been mailed back from them yet. Now I'm worried that they may not return the passport in time for the departure by Nov 23.

 

Anyone have a recommendation on what I should do? I don't want this to cause a black eye due to an overstay, but he couldn't leave the country now regardless without his passport and it appears the LA Canada Consulate General is not expedient in placing the visa sticker and mailing it as I had hoped.

 

Much appreciate any help.

[dnoblett]

Note, only an overstay more than 6 months would cause a bar on future visits however I probably would not risk an overstay it can cause denials of future B-2 visas.

 

Another issue I do see is making a trip out of the states and returning in many cases does not start a new 6 month I-94, in many cases they simply set the new card to expire when the old one expires, or them may give a short period of a couple weeks or so stay on the I-94, or in worse case they simply deny entry.

 

Similar topic on VJ http://www.visajourney.com/forums/topic/440356-inlaws-from-china-wish-to-extend-their-stay

 

Another good read: http://www.avvo.com/legal-guides/ugc/the-ultimate-clash-the-b-2-visitor-visa-should-i-stay-or-should-i-go

 

 

• How Long Should I Stay in the U.S. on a B-2 tourist/visitor visa?
  
  It depends upon why you came. Also, whether you want to eventually lawfully return to the U.S. Do you want your B-2 visitor visa to be renewed in the future? The maximum time that you 'can stay' on a B-2 visa, without filing an extension, will depend upon what is marked on the form I-94 entry card. Just because the CBP allows you to stay for 90 to 180 days does not mean that you should stay for the full 90 to 180 days. If you came to tour the Grand Canyon, have spent the money and all the time you have planned, then you should return to your home country. If you finish travel in two weeks, then stay two weeks. If four days, then four days. There are personal risks to any decision. Although a B-2 visit can remain as long as the I-94 entry card indicates, such a prolonged stay can create challenges on a future visit.
  
• What if I want to stay in the U.S. on a B-2 tourist visa longer than I planned?
  
  A B-2 visitor is always allowed to change their mind after they arrive. A visitor can stay in the U.S. longer, where the form I-94 allows a longer stay. The challenge is, how will you support yourself if you cannot lawfully work? What will happen to your career, or job, when you return to your home country? Why have you changed your mind? A visitor should seriously consider the consequences to their immediate family and their ability to keep a job in their home country.
  
• What are the Consequences if I stay beyond the expiration date on my I-94 visitors card?
  
  If a person stays past the time allowed on their form I-94 entry card, then the U.S. Government counts those days as unlawful presence. The USCIS must decide what to do for minor and major abuses, but minor errors are not always fatal. However, why take risks! If a person stays more than 180 days after the expiration 'and leaves the U.S.,' then that person is legally barred from lawfully returning for three years; if you stay more than 365 days after expiration of the form I-94, then you can be barred for ten years upon discovery. No one wants to be told that they cannot continue with their holiday, must return home and may never be allowed to return to the U.S., again. If you believe that there are good faith reasons to stay and extend, then contact an experienced immigration attorney before you make a final decision. If you have overstayed and think that you must stay, then again, contact an experienced immigration and visa attorney.
  
• What if I want to Extend my B-2 tourist visit beyond six months?
  
  This is always a risk, even if approved. The USCIS may extend a visit, but in doing so, it may be difficult to ever use the B-2 visa, again. There can be concern, delay, and a potential hassle upon reaching a port of entry in the future. Timing your visits to the U.S. for a reasonable duration may also prove important in the future for visa renewal.
  
• What if I briefly leave the United States and enter again on a B-2 to extend my stay in the U.S.?
  
  The U.S. 'may' admit anyone who presents their own valid B-2 visitors visa. However, CBP Officials at an inspection can reject a B-2 visitor. For example, a record of excessive recent visits can suggest immigrant intent or visa abuse. A brief departure followed by a new B-2 visit may also have to be reasonably explained upon request. Otherwise, a person can be denied entry, perhaps detained, and sent back to their home country.

[Randy W]

But the immediate issue is that he doesn't have his passport.

 

I would say that you'll PROBABLY get it back in time, but also that you'll want better advice than I have to offer.

 

That's a sticky situation. The contact information from their website - Tel: 213-346-2700
Fax: 213-346-2767
Email: lngls@international.gc.ca

[rchilde]

Gents, Thanks for the information.

 

I will contact the LA Canada office to hopefully persuade them to expedite.

[dan1984]

Any updates on this case? Today I had a friend ask me about what to do upon arriving at the 6 month cut-off and if making a trip into Canada restarts the the counter from day zero......

[rchilde]

Sorry for the delay. A few important points.

 

1) parents/family on B2 visa usually get 6-months I-90 stamp upon arrival

2) B2 can be used for re-entry into the US provided they travel outside of the US

a) this includes Canada, provided they have a Canada tourist visa $150

3) they will get new I-90 stamp as long as the following are true

a) they left the US AFTER expiry of the I-91 AND

b) there's still time on B2 visa

c) they not seeking any immigration to US

 

no matter if flight, drive, train, bus, or walk; have those satisfied and entry and new stamp. No new I91 is given if it is current, so if you have multi entry visa to CA then you only get new I91 following step 3.

 

Take this as you may, by the way my father-in-law is still here and has the above steps.

 

Key points

Don't go to Canada without a Canada visa

Be sure to get a stamp when leaving Canada, otherwise you might be flagged with overstay in Canada

Be honest if interviewed, Border Patrol is quite helpful

If B2 visa expired, don't travel to CA even if you have still have valid I-90 time left and CA visa. You will be denied back to US without a valid US visa regardless.

If you have Canada visa, you can travel to CA anytime, including if return to China provided it is multi entry and valid. You may have gotten the CA visa due to US connection, but you don't need to be in the US in order to travel to CA.