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MayMay1311

Confused about re entering USA

By MayMay1311 in Tourist Visas

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MayMay1311 Rookie

MayMay1311   0

Posted
Filed: Country: Canada
 Timeline
Posted (edited)

Hello. I am a Canadian citizen. I have posted in the forums a couple of times and this is kind of linked to those other posts. I went to the USA in September 2012 my return flight was the 27th of September so they let me stay until the 30th I went to visit my bf so I applied for an extention and change of status to student but the case was taking too long so I left the country in December to come back to canada . I really miss my boyfriend and plan to travel back to the USA in April when this school term is over but I don't know

I don't know if because all of that I won't be allowed entry

Edited by MayMay1311
bsd058 Proficient

bsd058   296

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Hello. I am a Canadian citizen. I have posted in the forums a couple of times and this is kind of linked to those other posts. I went to the USA in September 2012 my return flight was the 27th of September so they let me stay until the 30th I went to visit my bf so I applied for an extention and change of status to student but the case was taking too long so I left the country in December to come back to canada . I really miss my boyfriend and plan to travel back to the USA in April when this school term is over but I don't know

I don't know if because all of that I won't be allowed entry

Canadians are allowed to stay for up to 6 months. You should be okay.

 

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03/23/2022: Application for passport submitted at USPS facility under standard processing.

04/04/2022: Status changed to “The U.S. Department of State has received your application for your passport book on 04/04/2022. We're now reviewing your application and supporting documents...Your application locator number is 51*******.”

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bsd058 Proficient

bsd058   296

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Canadians are allowed to stay for up to 6 months. You should be okay.

Unless they gave you a specific date when you were to leave by in your passport.

 

IR-1 Visa Timeline (Service Center: Vermont)

image.png.806852c45242bc72b5f44a862566bdaf.png

 

N-400 Timeline (Field Office: Orlando, FL) & Voter Registration (Online)

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Passport Timeline (Submitted at USPS, Standard Processing, Standard Delivery, Locator number: 51) & SSA Update & Naturalization Certificate Receipt

 

03/23/2022: Application for passport submitted at USPS facility under standard processing.

04/04/2022: Status changed to “The U.S. Department of State has received your application for your passport book on 04/04/2022. We're now reviewing your application and supporting documents...Your application locator number is 51*******.”

04/04/2022: Check for passport cashed.

05/03/2022: Status changed to "The U.S. Department of State approved your application for your passport book. We're now printing your passport book and preparing to give it to you. You should receive your passport book on or around 05/09/2022."

05/05/2022: Passport Received.

05/09/2022: SSA Citizenship Status Updated.

05/25/2022: Naturalization Certificate received in mail.

 

bsd058 Proficient

bsd058   296

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted (edited)

Yes they gave me an specific day as I said September 30 and that is why I had applied for extension before the 30th

This is an interesting case. I know Canadians usually don't have to worry about stays shorter than 6 months, but if they told you to leave by a specific date and you didn't, and you also didn't get an extension, then it might be considered an overstay. I'll be honest. I'm not sure if this is an overstay or not. May have to wait to find out from someone else or try your luck with CBP. Sorry I couldn't be of further assistance.

Edited by bsd058

 

IR-1 Visa Timeline (Service Center: Vermont)

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N-400 Timeline (Field Office: Orlando, FL) & Voter Registration (Online)

image.png.c85e21010f669e0303f6fafb51f19f82.png

 

Passport Timeline (Submitted at USPS, Standard Processing, Standard Delivery, Locator number: 51) & SSA Update & Naturalization Certificate Receipt

 

03/23/2022: Application for passport submitted at USPS facility under standard processing.

04/04/2022: Status changed to “The U.S. Department of State has received your application for your passport book on 04/04/2022. We're now reviewing your application and supporting documents...Your application locator number is 51*******.”

04/04/2022: Check for passport cashed.

05/03/2022: Status changed to "The U.S. Department of State approved your application for your passport book. We're now printing your passport book and preparing to give it to you. You should receive your passport book on or around 05/09/2022."

05/05/2022: Passport Received.

05/09/2022: SSA Citizenship Status Updated.

05/25/2022: Naturalization Certificate received in mail.

 

Darnell Grand Master

Darnell   8,479

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

cbp - customs and border patrol, a USA entity - there be employees of CBP at most border crossings and POE.

When you came in, in September, were you here on a VISA or were issued a paper I-94?

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
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JohnR! Grand Master

JohnR!   5,495

Posted
Filed: Country: Monaco
 Timeline
Posted (edited)

I got a stamp on my passport but when I went back to Canada no one told me anything about it

If you stayed beyond the allowed date determined when you entered the US, as seems to be the case, you should not cancel your extension request, so that even if it is denied, your leaving after the permitted date will not incur in unlawful presence. If you do cancel the request and left after the allowed date, then you do incur in unlawful presence and that may cause you problems in the future.

You can read more here: Nonimmigrant - Extend Stay in the US (Aug 2011) - uscis

What if I file for an extension of stay on time but USCIS doesn't make a decision before my I–94 expires?

Your lawful nonimmigrant status ends, and you are out of status, when your Form I-94 expires, even if you have timely applied to extend your nonimmigrant status. Generally, as a matter of

discretion, USCIS will defer any removal proceedings until after the petition is adjudicated and USCIS decides your extension of nonimmigrant status request. Nevertheless, DHS may bring a

removal proceeding against you, even if you have an application for extension of status pending.

Even though you are not actually in a lawful nonimmigrant status, you do not accrue "unlawful presence" for purposes of inadmissibility under section 212(a)(9)(B) of the Act, while your extension

of status application is pending if it was filed prior to the expiration of your Form I-94.

Also consider the following paragraph: In addition, any nonimmigrant visa in your passport granted in connection with your classification becomes void. Once your visa is void, you must submit any new visa application at a U.S. consulate in your home country (not a third country, except in rare instances as determined by the U.S. Department of State).

Since Canadians do not require a visa to enter the US, I am not sure if the proviso above should affect you in any manner.

Good luck!

Edited by Gegel

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