Canadian Citizen - B1 Overstay

[Conundrum 0]

Ok, so the title might be misleading since I haven't actually overstayed yet.

I apologize if this has been answered a bunch of times but I have browsed through the forums, searched on google, and called CPB, USCIS, and the Dept of State, and I still don't have a clear answer for my particular situation, so I'm hoping someone here can help me out since you guys seem pretty knowledgeable about these issues.

I'm going to try to be as detailed as I can to make sure my situation is as clear as possible.

Current situation: I am a Canadian citizen in the US on a B-1 visa. When I entered the US, I was given an I-94 with the departure date set as Feb 10 2013 (this date was determined by the letter I showed them at the border as my reason for entering the US, which stated that my business would be concluded by Jan 31 2013) - On this date I will have been in the country for 3 months.

Issue: After that date, my initial reason for entering the US would be done, but I have some time off and would like to stay in the country for a few more weeks visiting friends and family.

Questions:

1) As a Canadian citizen, I know I can stay in the US for up to 6 months when I come in to visit. Does this apply even when a B-1 and an I-94 are issued? As in, after my business has been concluded, am I allowed to stay for the remaining 3 months as a tourist without any further action? (This question is kinda hoping beyond hope since I'm pretty sure once an I-94 has been issued, that supersedes any other admission/length of stay eligibility, but just thought I'd ask for a definite answer and keep my fingers crossed)

2) Assuming the answer to the above question is a NO, option #1 would be to cross the border before that date and surrender my I-94, and then come back in immediately as a regular Canadian visitor that's here to visit friends and family. The difference here between what I'm trying to do and the other similar question that has been answered in this regard is that I would not simply be trying to extend my visa - I would actually be changing my status and reason for being in the country. My questions regarding this option are: (a) I'm in Arizona at the moment, so doing this at a Canadian border would not be ideal - can I do this at a Mexican border instead? (b) Will this option throw up all sorts of red flags since I would be doing it on the same day? As in, would it be harder for me to get back in to the states than it would if I were just another Canadian crossing over at one of the major Canada-US borders? This is very important for me because if I try to do this at a Mexican border, and get rejected on my way back in, then I'm stuck in Mexico. To be clear, apart from this particular situation being a little fishy (leaving and coming back the same day via a Mexican border), there would be no other foreseeable reason for me to be rejected - I have never overstayed, no criminal record, etc.

3) Option #2 would be to just ignore the date and stay in the country for another few weeks (max 1 month). When I do go back to Canada, I will be driving across the border - NOT flying. In this situation, you are usually expected to surrender your I-94 to the Canadian authorities, who in turn, forward it to the Americans. However, I don't think this has been made very clear to the Canadians as I have in the past tried to hand my I-94 in to a Canadian customs officer who didn't really know what I was talking about and then eventually just shrugged his shoulders and said "Ok, I'll take it I guess." So with this in mind, my questions are: (a) would the CBP even make a big deal about an I-94 that was never returned from a Canadian or would they just assume the Canadian authorities didn't know what to do with it? (b) Would I have any trouble coming back in to the country in the future if my overstay is discovered but is only a few weeks (or <180 days as per the law) ? © Basically, what I'm asking is what would happen if I just stayed for an extra few weeks without doing anything about it and then drove back across to Canada?

Sorry for the wall of text, but I was trying to make sure my particular situation and my questions were as clear as possible. For those who actually made it through reading all of that without giving up, thank you for sticking with me. Any insight into these questions or any other suggestions on how to go about this would be GREATLY appreciated.

Thank you!

[canadian_wife 1,831]

I believe your I94 requires you to leave on that date.

Canadians rarely receive I94s, why did you receive one?

The ONE time I got one it was made VERY clear to me that I had to leave by that date

god luck

[Conundrum 0]

I believe your I94 requires you to leave on that date.

Canadians rarely receive I94s, why did you receive one?

The ONE time I got one it was made VERY clear to me that I had to leave by that date

god luck

I believe that now everyone that gets a B-1 rather than a B-2 (i.e., Canadians coming in temporarily for business purposes rather than tourism/visiting friends and family) gets an I-94 in their passport with a departure date.

But yes, you're right, I think that part was made pretty clear, but like I said, I was just hoping beyond hope. I guess it's time to look for answers to my other questions and come up with a plan B.

Thanks for your help!

[jaycali 415]

1. The I-94 is final. You are given a status based on how you enter.

2. This is by far your best option. However, going to Mexico probably won't work. Visitors on B visas and VWP are required to leave the US, Canada, Mexico and/or the Caribbean for their status to be "reset" unless you are a resident of one of those countries. For example. A Mexican visitor on a B-2 visa can't cross into Canada, and re-enter the US to get another however many days.

3. I definitely would not chance staying beyond the date on your I-94. Best case, they don't find out. Worst case, you won't enter the US again for a very, very long time.

[canadian_wife 1,831]

When were you admitted to the US?

Good luck

[Conundrum 0]

1. The I-94 is final. You are given a status based on how you enter.

2. This is by far your best option. However, going to Mexico probably won't work. Visitors on B visas and VWP are required to leave the US, Canada, Mexico and/or the Caribbean for their status to be "reset" unless you are a resident of one of those countries. For example. A Mexican visitor on a B-2 visa can't cross into Canada, and re-enter the US to get another however many days.

3. I definitely would not chance staying beyond the date on your I-94. Best case, they don't find out. Worst case, you won't enter the US again for a very, very long time.

Yeah, you're absolutely right about 1 & 3 - I really shouldn't take the risk of being barred for years. How sure are you about #2 though? Going back to Canada to reenter would be very inconvenient and expensive for me so I was really hoping to be able to do it at the Mexico border. Can't I just say I walked over for the day to check it out? Apparently the border zone in Nogales is quite touristic and has some good restaurants and people cross over for day trips all the time so I figure it wouldn't look that out of place right?

Thanks for your help!

When were you admitted to the US?

Good luck

I was admitted exactly 3 months ago. Does this have any bearing on my situation considering its <6 months?

[Harpa Timsah 13,260]

6 months is the maximum you have the potential to be given, but any border instructions overcome the 6 months potential. You have to leave by the date on your I-94. You don't automatically get 6 months, and you obviously didn't.

[Krikit 1,166]

You can apply for an extension of stay:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

I was admitted exactly 3 months ago. Does this have any bearing on my situation considering its <6 months?

No. You were given an I-94 so you are required to leave by that date.