Canadians In USA

[sonyah 0]

Hello,

I have a question about Canadian Citizens who wanted to visit US in constant occasions. I read this topic

: http://canada.usembassy.gov/visas/information-for-canadians.html . So they are allowed for six months to stay in USA. It also says they can ask for extension, How that is possible and on which ground a stay will be granted.. Pleas provide as much info as you can?

It says they are allowed upto six months to stay in USA this mean a Canadian can stay for six months go back home for a week or so and come back and stay for another six months? I am dating this guy and I want to know more about him and I just want to spend some time with him here in NY. I will be responsible for all of his expenses, Do you think I can go with him to US border and ask to give him extension of stay since this is a temporary request …he has no intention to live here?

Please advice.

[bigdog 376]

Here is the DOS web site, http://travel.state.gov/visa/temp/without/without_1260.html There are exceptions, Canadians require nonimmigrant visas for temporary travel to the U.S. for these purposes:Fiancée/es (K-1)

[alizon 77]

It says they are allowed upto six months to stay in USA this mean a Canadian can stay for six months go back home for a week or so and come back and stay for another six months?

Nope, as far as I know, it has to be 6 months or less out of a 365 day period.

[sonyah 0]

Nope, as far as I know, it has to be 6 months or less out of a 365 day period.

How would they know that he entered to US and got out because as far as I know when you enter they stamp your passport or run it through their scanning device but when you exit they won’t even ask you, Am I right?

[Inky 1,111]

How would they know that he entered to US and got out because as far as I know when you enter they stamp your passport or run it through their scanning device but when you exit they won't even ask you, Am I right?

When you leave the USA to Canada by air or land they scan your passport. It is recorded in their system.

Edited January 16, 2012 by Inky

[alizon 77]

How would they know that he entered to US and got out because as far as I know when you enter they stamp your passport or run it through their scanning device but when you exit they won’t even ask you, Am I right?

Regardless of how/whether they know, planning to commit immigration fraud (moving semi-permanently to the US on a tourist "visa"/waiver) is not a good idea. If you two ever did decide to get married and move legitimately to the US, there could be some serious issues. Canada isn't the 51st state.

[sonyah 0]

Here is the DOS web site, http://travel.state.gov/visa/temp/without/without_1260.html There are exceptions, Canadians require nonimmigrant visas for temporary travel to the U.S. for these purposes:Fiancée/es (K-1)

Can you Please explain this:

''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''

So after six months of his stay here in US, if we (me and my boyfriend) go to the border and ask them or tell them that we are still looking to find a better college/package of study to pursu his study, which is our intention, would this be enough reason for them to allow him stay another six months ? since this statment is on their website ((( Requests to extend or adjust a stay ))).. Please advise

[Kathryn41 3,205]

Perhaps a better way to look at this is that Canadians are allowed, at the discretion of the border authorities, to remain in the US for up to 6 months. This is generally granted to people who can provide valid reasons for a visit of that length plus reassurance that they will be returning to Canada at the end of that authorized stay. Canadian 'snowbirds' or other Canadians who reside for the winter in Florida or Arizona properties and return to Canada in the Spring are good examples.

Everyone who crosses the border needs to provide documented evidence that shows their ties to Canada. Most of those staying up to 6 months are older and have guaranteed sources of income from pensions, and own property in Canada to which they return at the end of their extended stay. Six months is the maximum allowed - that does not mean it is automatically given. It will be up to the border authority when he arrives at the border for how long he will be admitted and even, if he will be admitted. You may find that the border authority will only grant a 3 week period of authorized stay rather than 6 months. The younger you are the more unlikely it is for them to grant 6 months. They will be concerned that the individual will become an immigrant and not leave, plus they will be very concerned about how that person will survive financially without working for 6 months. Being supported by an American non-relative will make them even more leery about him being a probable immigration risk.

Extensions are available but they are not often granted unless there are very good reasons for doing so, such as being hospitalized and not able to return at that time, or other such extenuating circumstances. Even if an extension were granted, staying in the US for more than 6 months a year has two serious consequences for Canadians: 1) they are required to file a tax return with the IRS or submit proof to the IRS that they have maintained a closer residential tie to Canada than to the US for those 6 months and more, and 2) Provincial Health insurance coverage expires once someone is out of Canada for 6 months. Canadians who do make extended trips (eg snowbirds) make very sure they are not outside of Canada for more than 6 months because they do not want to lose their health insurance coverage.

Even though Canada and the US are neighbours, Canadians are still foreigners. If US authorities think your boyfriend is actually 'living' in the US - which a physical presence of 6 months can imply - they will deny him entry to the US or will require him to leave the US, and tell him to get the appropriate visa. Unfortunately, there is no boyfriend/girlfriend visa. The border is not relationship friendly and it is good to remember that. You cannot make it adjust to satisfy your wishes; you need to adjust your actions to satisfy their requirements.

Unfortunately, you also can't just go to the border and say your boyfriend wishes to go to school and wants to look around for a better package. Extensions don't work that way. To request an extension you need to file an I-539 petition with USCIS, pay $290 plus an $85 biometrics fee no later than 45 days prior to the end of the authorized stay, and provide proof of the steps taken to show the applicant will leave the US at the end of the extension if it is approved: http://www.uscis.gov.../i-539instr.pdf . If your boyfriend is interested in filing for a student visa (an F visa) he would require an admissions offer from the school, proof that he has sufficient financial resources to afford the tuition and to pay for his living expenses for the full year of school before he can apply for the student visa. Student visas are applied for outside of the US. Student visas also take a certain amount of processing time so he would want to start his student visa application process well in advance of when he expected to enter the US on the student visa. He cannot go to school in the US unless he has a student visa. http://travel.state....types_1270.html

It is also important that if your boyfriend overstays his authorized period of allowed time in the US then he may then become ineligible to receive certain visas and it may make getting any visa more difficult in the future.

In view of the difficulties USCIS puts in the path of relationships, many people are tempted to lie or 'fudge' the details about their actual time or plans in the US, thinking that USCIS won't know or find out. Unfortunately, many of these couples have later discovered that USCIS does find out, and they find themselves facing bans or inadmissibility due to misrepresentation. I am not saying that you would lie about your intentions or timing to border authorities, but I do want to give you a heads up that you have to be absolutely honest, even if it looks like it might make it more difficult for you to do/get what you want, so that you don't cause yourselves irrevocable grief in the future.

Cross border relationships are not easy. They will challenge you in ways you never expected. Please do not try to manage this relationship the same way you would with the boy next door. It can never be that type of relationship. There is an international border between you with very strict rules and regulations. There are no shortcuts around the rules, and USCIS does not care if you break a rule in ignorance. The consequences are still the same. They view every person who crosses the border with suspicion and believes each and every one who presents themselves at the border is a potential security threat, either by intending to commit immigration fraud or a terrorist activity. Don't ever forget this, and make it a high priority to learn as much as you can now about the USCIS and Department of State requirements for those who apply to cross that border.

Good luck to you

Edited February 4, 2012 by Kathryn41

[sonyah 0]

Perhaps a better way to look at this is that Canadians are allowed, at the discretion of the border authorities, to remain in the US for up to 6 months. This is generally granted to people who can provide valid reasons for a visit of that length plus reassurance that they will be returning to Canada at the end of that authorized stay. Canadian 'snowbirds' or other Canadians who reside for the winter in Florida or Arizona properties and return to Canada in the Spring are good examples.

Everyone who crosses the border needs to provide documented evidence that shows their ties to Canada. Most of those staying up to 6 months are older and have guaranteed sources of income from pensions, and own property in Canada to which they return at the end of their extended stay. Six months is the maximum allowed - that does not mean it is automatically given. It will be up to the border authority when he arrives at the border for how long he will be admitted and even, if he will be admitted. You may find that the border authority will only grant a 3 week period of authorized stay rather than 6 months. The younger you are the more unlikely it is for them to grant 6 months. They will be concerned that the individual will become an immigrant and not leave, plus they will be very concerned about how that person will survive financially without working for 6 months. Being supported by an American non-relative will make them even more leery about him being a probable immigration risk.

Extensions are available but they are not often granted unless there are very good reasons for doing so, such as being hospitalized and not able to return at that time, or other such extenuating circumstances. Even if an extension were granted, staying in the US for more than 6 months a year has two serious consequences for Canadians: 1) they are required to file a tax return with the IRS or submit proof to the IRS that they have maintained a closer residential tie to Canada than to the US for those 6 months and more, and 2) Provincial Health insurance coverage expires once someone is out of Canada for 6 months. Canadians who do make extended trips (eg snowbirds) make very sure they are not outside of Canada for more than 6 months because they do not want to lose their health insurance coverage.

Even though Canada and the US are neighbours, Canadians are still foreigners. If US authorities think your boyfriend is actually 'living' in the US - which a physical presence of 6 months can imply - they will deny him entry to the US or will require him to leave the US, and tell him to get the appropriate visa. Unfortunately, there is no boyfriend/girlfriend visa. The border is not relationship friendly and it is good to remember that. You cannot make it adjust to satisfy your wishes; you need to adjust your actions to satisfy their requirements.

Unfortunately, you also can't just go to the border and say your boyfriend wishes to go to school and wants to look around for a better package. Extensions don't work that way. To request an extension you need to file an I-539 petition with USCIS, pay $290 plus an $85 biometrics fee no later than 45 days prior to the end of the authorized stay, and provide proof of the steps taken to show the applicant will leave the US at the end of the extension if it is approved: http://www.uscis.gov.../i-539instr.pdf . If your boyfriend is interested in filing for a student visa (an F visa) he would require an admissions offer from the school, proof that he has sufficient financial resources to afford the tuition and to pay for his living expenses for the full year of school before he can apply for the student visa. Student visas are applied for outside of the US. Student visas also take a certain amount of processing time so he would want to start his student visa application process well in advance of when he expected to enter the US on the student visa. He cannot go to school in the US unless he has a student visa. http://travel.state....types_1270.html

It is also important that if your boyfriend overstays his authorized period of allowed time in the US then he may then become ineligible to receive certain visas and it may make getting any visa more difficult in the future.

In view of the difficulties USCIS puts in the path of relationships, many people are tempted to lie or 'fudge' the details about their actual time or plans in the US, thinking that USCIS won't know or find out. Unfortunately, many of these couples have later discovered that USCIS does find out, and they find themselves facing bans or inadmissibility due to misrepresentation. I am not saying that you would lie about your intentions or timing to border authorities, but I do want to give you a heads up that you have to be absolutely honest, even if it looks like it might make it more difficult for you to do/get what you want, so that you don't cause yourselves irrevocable grief in the future.

Cross border relationships are not easy. They will challenge you in ways you never expected. Please do not try to manage this relationship the same way you would with the boy next door. It can never be that type of relationship. There is an international border between you with very strict rules and regulations. There are no shortcuts around the rules, and USCIS does not care if you break a rule in ignorance. The consequences are still the same. They view every person who crosses the border with suspicion and believes each and every one who presents themselves at the border is a potential security threat, either by intending to commit immigration fraud or a terrorist activity. Don't ever forget this, and make it a high priority to learn as much as you can now about the USCIS and Department of State requirements for those who apply to cross that border.

Good luck to you

I want to THANK you for your time . I have a couple more questions about a Canadian who wishes to study in the US.

1. Can a Canadian/foreign student apply for any type to U.S government loan/grants?

2. Can a Canadian/foreign student work/get involve in a part time employment while studying?

Thanks.

[sonyah 0]

I want to THANK you for your time . I have a couple more questions about a Canadian who wishes to study in the US.

1. Can a Canadian/foreign student apply for any type to U.S government loan/grants?

2. Can a Canadian/foreign student work/get involve in a part time employment while studying?

Thanks.

This is I also found in regards to Canadian who wishes to study in the USA.... What I understood is, Canadian are NOT required ''visas'' to the USA if the purpose of their travel is ''visit'' or study... Am I wrong here?

http://www.voyage.gc.ca/countries_pays/report_rapport-eng.asp?id=308000

http://canada.usembassy.gov/visas/visas/student-and-exchange-visas.html

[Kathryn41 3,205]

A Canadian doesn't actually apply for the student visa but they need to obtain an I-20 from the University/College they plan to attend. They have a de-facto F-1 status without having the actual F-1 visa.

The process is that they apply to the University/college for admissions. If they are accepted the University/College send the I-20 form. One of the qualifications to be accepted is to provide proof of financial resources to afford the tuition and living expenses during the term of study, or to provide a sponsor who has access to the necessary financial resources. Sponsors would need to submit an affidavit of support with the application to the University. The student would then have to pay the SEVIS fee, (which can done online - I believe it is $400). There is a time frame involved about how close to the time classes start to pay the SEVIS fee. When the student gets to the border they need their passport, the I-120, proof of paying the SEVIS fee, proof of funds sufficient to pay for school and to support you, and proof of ties showing they will return to Canada after your studies. They will get an I-94 authorizing their period of stay in the US placed in their passport.

They may be able to work on campus if they are a full time student for up to a certain number of hours a week (20 I believe) but they would need permission of USCIS to work off campus and off campus work is expected to be within your field of study.. I am not sure of the details, but there are restrictions on foreign students, even Canadians, working while attending class.

I don't know if there are any US government student loans available to non-Americans. The universities themselves may have loans and scholarships available, but most of what I read were private loans that can be available to a Canadian student as long as there is a credible US citizen co-signer. The university or college involved would be the best one to contact for more information about loans. This would have to be in place, however, before the I-20 could be issued.

Edited February 7, 2012 by Kathryn41

[sonyah 0]

A Canadian doesn't actually apply for the student visa but they need to obtain an I-20 from the University/College they plan to attend. They have a de-facto F-1 status without having the actual F-1 visa.

The process is that they apply to the University/college for admissions. If they are accepted the University/College send the I-20 form. One of the qualifications to be accepted is to provide proof of financial resources to afford the tuition and living expenses during the term of study, or to provide a sponsor who has access to the necessary financial resources. Sponsors would need to submit an affidavit of support with the application to the University. The student would then have to pay the SEVIS fee, (which can done online - I believe it is $400). There is a time frame involved about how close to the time classes start to pay the SEVIS fee. When the student gets to the border they need their passport, the I-120, proof of paying the SEVIS fee, proof of funds sufficient to pay for school and to support you, and proof of ties showing they will return to Canada after your studies. They will get an I-94 authorizing their period of stay in the US placed in their passport.

They may be able to work on campus if they are a full time student for up to a certain number of hours a week (20 I believe) but they would need permission of USCIS to work off campus and off campus work is expected to be within your field of study.. I am not sure of the details, but there are restrictions on foreign students, even Canadians, working while attending class.

I don't know if there are any US government student loans available to non-Americans. The universities themselves may have loans and scholarships available, but most of what I read were private loans that can be available to a Canadian student as long as there is a credible US citizen co-signer. The university or college involved would be the best one to contact for more information about loans. This would have to be in place, however, before the I-20 could be issued.

Will do. Thank You!