Flagpoling whenout of status?

Old Nov 3rd 2013, 1:27 pm
  #1  
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Default Flagpoling whenout of status?

Hi

I'm after some advise please. Tmoro I'm driving a friend from Van to the US border to renew his visa. He's an aussie on an IEC and after I'd already agreed to the ride I asked when his current visa expires and he tells me it already has.
I don't think he realizes he could be in a whole world of S**t.
As far as I can tell he has no status since his Aussie IEC expired and has continued working.
He did apply for a new visa before the old one expired and no doubt was told he'd have implied status.

Q1, Please) Is he almost certain to be denied entry to the US? A US border guard told me once that to enter the states under a visa waiver you need current status in your country, so even if just shopping he would be denied entry?

Q2, If he is denied entry would the US deny me entry too? I have a Canadian visa, have never overstayed and have a current i 94w in my passport. I just want to go shopping and don't want to be part of any ear bashings so will just drop him off at the border if this is the case.

Q3. I know it's argued strongly on this forum that you can't have implied status on an IEC but is this belief commonly held by most CBSA guards? Will they too agree that my friend has overstayed?
Maybe former Lancastrian can answer this and how he would handle such a situation? Would you issue my mate's his new visa?

Another friend of mine applied for a new visa via post whilst on supposed IEC implied status, he was issued a new visa no problems which is what makes me curious.

Thanks all just deciding what's best
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Old Nov 3rd 2013, 1:38 pm
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Default Re: Flagpoling whenout of status?

I suppose the US will deny entry. They won't let anyone in without a legal status in Canada.

As for the implied status, there has been a "Border Security" last week where a person on an expired IEC tried to get a new visa and was told by CBSA (I think it was Vancouver) that he had been working illegally and there is no implied status as it's not extendable and he won't get a new visa.
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Old Nov 3rd 2013, 7:21 pm
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Default Re: Flagpoling whenout of status?

When did his IEC work permit expire? Does he have proof he made an application? Even if he thought he was on IMPLIED STATUS until a decision has been made by CIC then you cannot leave Canada and if they do then the status would be lost. As we know IECs cannot be extended.
If he is refused entry into the USA then he will be sent back to Canada. What happens next is anyones guess as he could be issued with a removal order and if they don't believe he will remove himself he could be detained/arrested.

Depends how good of a friend he is. When you say renewing his visa is that for the US or flag poling to be issued a new work permit in Canada?

Your choice in the end.
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Old Nov 3rd 2013, 8:42 pm
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Default Re: Flagpoling whenout of status?

Originally Posted by Former Lancastrian
When did his IEC work permit expire? Does he have proof he made an application? Even if he thought he was on IMPLIED STATUS until a decision has been made by CIC then you cannot leave Canada and if they do then the status would be lost. As we know IECs cannot be extended.
If he is refused entry into the USA then he will be sent back to Canada. What happens next is anyones guess as he could be issued with a removal order and if they don't believe he will remove himself he could be detained/arrested.

Depends how good of a friend he is. When you say renewing his visa is that for the US or flag poling to be issued a new work permit in Canada?

Your choice in the end.

Thanks for the reply. He's going to the border to apply for a new IEC visa with his new letter of introduction which has been issued. His old IEC has already expired a week ago which I guess has left him without status in Canada. A lot of young aussies where I live seem to believe they have Implied status between IEC'S since it's so easy to renew their visa's. The rules are the same though?

I think the best thing for me to do is chat to him in the Morning and then I'll just drop him off at the border Canada side and let him walk across to try flagpole. I have all the time to wait I just don't want to be subject to an interrogation myself for just driving someone

Last edited by tee1; Nov 3rd 2013 at 9:08 pm.
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Old Nov 4th 2013, 2:21 am
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Default Re: Flagpoling whenout of status?

Originally Posted by tee1
Thanks for the reply. He's going to the border to apply for a new IEC visa with his new letter of introduction which has been issued. His old IEC has already expired a week ago which I guess has left him without status in Canada. A lot of young aussies where I live seem to believe they have Implied status between IEC'S since it's so easy to renew their visa's. The rules are the same though?

I think the best thing for me to do is chat to him in the Morning and then I'll just drop him off at the border Canada side and let him walk across to try flagpole. I have all the time to wait I just don't want to be subject to an interrogation myself for just driving someone
I can't foresee any major problems as he has the new LOI and status only expired last week.
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