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Visitor Visa Extension or Visitor Visa (from in Canada)

Visitor Visa Extension or Visitor Visa (from in Canada)

Old Nov 12th 2016, 1:52 pm
  #31  
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Default Re: Visitor Visa Extension or Visitor Visa (from in Canada)

Anther slight twist to my case which I did not mention earlier as I did not think that it was worth mentioning, but I do not want to make any foolish errors that I'd end up regretting.


I recently got my greencard for the US (and my wife as well). I know that US greencard holders do not need a visitors visa to enter Canada (just an ETA). I do not have the actual physical card in my possession, but the US consulate in Montreal put a temporary greencard seal in my passport, and that of my wife. The purpose is to hold us until we get the actual card in the mail.


When I applied for her visitors visa, it asked whether we had a greencard and I said no, just because we do not have the physical card in our possession as yet.


I am so confused...considering that we have the temporary stamp in our passports, would she even need the visa to enter Canada? Should I cancel this application that I just submitted? Would they give her trouble when she is entering at the Canadian border, with the seal in her passport?


Thanks!
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Old Nov 12th 2016, 3:03 pm
  #32  
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Default Re: Visitor Visa Extension or Visitor Visa (from in Canada)

From the IRPA regulations

Visa exemption — nationality

190 (1) A foreign national is exempt from the requirement to obtain a temporary resident visa if they
(c) are a national of the United States or a person who has been lawfully admitted to the United States for permanent residence.

The interpretation would be has the person been lawfully admitted to the USA for permanent residence.

For Canadian purposes for example those travelling to Canada who require a visa be it for a visit or Permanent Residence have a visa counterfoil inserted into their passport before they travel. At the time when the visa is put in the passport they have not lawfully been admitted to Canada until they actually show up at the POE for examination.

If the US consider the temporary green card seal in the passport as being lawfully admitted to the US then no visa would be required and just the eTA needed if flying into Canada.

I tend to think that the CBSA officer would accept the temporary green card seal if it is confirmed that this represents lawful admission to the US as a permanent resident.
Also you have the problem with the airline if flying back that there is no valid Canadian visa and would the airline let the person board the aircraft.

You really need to speak to someone at CIC as it only becomes a CBSA problem at the POE bearing in mind that if the airline refuse them boarding then they wouldn't get to the POE.
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Old Nov 12th 2016, 3:14 pm
  #33  
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Default Re: Visitor Visa Extension or Visitor Visa (from in Canada)

Thank you Lancastrian. We currently live in Toronto, so we are looking at crossing into the US to activate our green cards via automobile.

My challenge, as you stated here, is contacting someone at CIC. There seems to be no phone number or any other ways of contacting CIC.

The seal in the passport (and it says so on the seal as well), says that "upon endorsement serves as a temporary I-551 evidencing permanent residence for 1 year". The expectation is that within the 1 year period, the plastic card would have been received by mail. It will be endorsed, once we cross into the US with it.

As I understand it, the seal should serve as evidence to re-enter Canada. However, there is still the fear that the CBSA agent refuses re-entry into Canada, creating a domino effect for everything else.

Based on your direction, I will withdraw the application that I just put in tonight. We will cross into the US perhaps next weekend to activate the green cards, and hopefully cross back in to Canada without issue.
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Old Nov 12th 2016, 3:24 pm
  #34  
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Default Re: Visitor Visa Extension or Visitor Visa (from in Canada)

Originally Posted by jammy123
Thank you Lancastrian. We currently live in Toronto, so we are looking at crossing into the US to activate our green cards via automobile.

My challenge, as you stated here, is contacting someone at CIC. There seems to be no phone number or any other ways of contacting CIC.

The seal in the passport (and it says so on the seal as well), says that "upon endorsement serves as a temporary I-551 evidencing permanent residence for 1 year". The expectation is that within the 1 year period, the plastic card would have been received by mail. It will be endorsed, once we cross into the US with it.

As I understand it, the seal should serve as evidence to re-enter Canada. However, there is still the fear that the CBSA agent refuses re-entry into Canada, creating a domino effect for everything else.

Based on your direction, I will withdraw the application that I just put in tonight. We will cross into the US perhaps next weekend to activate the green cards, and hopefully cross back in to Canada without issue.
Crossing into the US then back into Canada wouldn't have been a problem anyway even without a green card seal as per this exemption

f) to re-enter Canada following a visit solely to the United States or St. Pierre and Miquelon, if they

(i) held a study permit or a work permit that was issued before they left Canada on such a visit or were authorized to enter and remain in Canada as a temporary resident, and

(ii) return to Canada by the end of the period initially authorized for their stay or any extension to it;

Check with the airlines to see if they accept the I 551 for flying back to Canada with no visa for Canada.
CBSA will accept the I 551 as evidence of PR status in the US.
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Old Nov 12th 2016, 3:30 pm
  #35  
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Default Re: Visitor Visa Extension or Visitor Visa (from in Canada)

Thank you so much. Forever grateful for your assistance my friend. Thanks to everyone in here who also responded to my questions - without the site, things would have been anything but possible to understand. I truly am grateful.

Jamal
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