NKKK

Hi...
Is it possible to receive 12-month-permission to stay in the US as a visitor?

If possible is there anything i can do to receive that permission on entry?

thanx

Ingo Pakleppa - see web site for email

On Sat, 23 Oct 2004 08:35:28 +0000, NKKK wrote:

    >
    > Hi...
    > Is it possible to receive 12-month-permission to stay in the US as
    > a visitor?

Yes, in rare cases.

    > If possible is there anything i can do to receive that permission on
    > entry?

You have to have a *very* good reason to request that; it is almost never
granted for B-2s, and rarely for B-1s. Plus, you need strong evidence that
you will return to your home country.

When I say "very good reason" I don't mean "I like the USA so much" but
rather something along the lines of "I'm scheduled to be on this
particular installation of a piece of machinery for one year as part of
the sales contract my employer made" or "I have been accepted by a US
doctor and can pay for medical treatment that is essential for my survival
and unavailable in my home country, and will take one year". And don't
expect either of these two reasons to just sail through unchallenged; they
will just make it somewhat more likely that you would be approved.

Usually, a far better option, if you are not from a visa waiver country,
is to get a regular tourist visa, stay for six months, and then apply for
a six month extension. One extension is usually approved, although the
second may not be.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
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Bob

The extentions usually aren't granted either, unless you have the big reason for staying, but saying that, it can take up to around 6 months to get processed, by which point you would have gotten the length of stay.

Nostradamus

If you are young, and without employment you are unlikely to get a B-2 anyway.

NKKK

I have 10 year B1/B2 granted.. i am 26 and had a job when i received the visa..

actually i dont wanna stay in the US for 1 year but I need the grant to be able to apply Canadian PR from the US.. I have a return ticket to actually and will be coming back after I visit friends for 2 weeks..

I think this is not definitely a good reason to claim 1 year permit.. but I was wondering if you guys give me some advice...

J. J. Farrell

NKKK <member28084@british_expats.com> wrote in message news:<[email protected] om>...
    > > If you are young, and without employment you are unlikely to get a
    > > B-2 anyway.
    >
    > I have 10 year B1/B2 granted.. i am 26 and had a job when i received
    > the visa..
    >
    > actually i dont wanna stay in the US for 1 year but I need the grant to
    > be able to apply Canadian PR from the US.. I have a return ticket to
    > actually and will be coming back after 2 week stay..

Please explain more clearly what you are trying and intending to do,
and why. You're not making a lot of sense at the moment.

NKKK

Yes sir!...

LOL..

Well what I am trying to do is that I will apply to Canadian PR while i am in the US, to be able to do that i need to be accepted to the US 1 year...

Although I am not staying there for 1 year duration, i need 1 year permit to be able to apply to Canadian PR...

I didn't think you need that info to answer my original question.. which you dont need to answer at all..

Bob

You probably want to post in the canadian immigration forum as well then, very weird way of going about it.

NKKK

Well... Its a US Visa question...

I asked if there is a way to get 1 year permit in the US port of entry with B1/B2 visa.. Regardless of my purpose for this, i wanted to find out if there is a way to accomplish that.

I think Canada Forum has very little to do with this question (although my purpose related to it)

Bob

I just suggested the canada one because your end goal is PR status for canada right? must be an easier way of getting it than through the states, B1/2 are a tricky thing, especially for a long period of time, generally I would say, unless you were really sick and needed special treatment that you could only get here, and had a doctor verify it etc, might you get 12 stamped on the I-94 at POE, for instance.

scrubbedexpat099

B1/B2 - No

Actually you might not get 6 months, all depends on the PoE Officer.

They usually give 6 months but they can give any lesser amount.

Applying from you home country would seem to be the obvious answer.

J. J. Farrell

NKKK <member28084@british_expats.com> wrote in message news:<[email protected] om>...
    > > NKKK <member28084@british_expats.com> wrote in message
    > > news:<[email protected] om>...
    > > > > If you are young, and without employment you are unlikely to get a
    > > > > B-2 anyway.
    > > >
    > > > I have 10 year B1/B2 granted.. i am 26 and had a job when i received
    > > > the visa..
    > > >
    > > > actually i dont wanna stay in the US for 1 year but I need the grant
    > > > to
    > > > be able to apply Canadian PR from the US.. I have a return ticket to
    > > > actually and will be coming back after 2 week stay..
    > >
    > > Please explain more clearly what you are trying and intending to do,
    > > and why. You're not making a lot of sense at the moment.
    >
    > Yes sir!...
    >
    > LOL..
    >
    > Well what I am trying to do is that I will apply to Canadian PR
    > while i am in the US, to be able to do that i need to be accepted to
    > the US 1 year...
    >
    > Although I am not staying there for 1 year duration, i need 1 year
    > permit to be able to apply to Canadian PR...
    >
    > I didn't think you need that info to answer my original question.. which
    > you dont need to answer at all..

The answers to your original questions are "yes" and "yes".

You're clearly trying to do something unusual. If people understand
what you're trying to do, they are more likely to be able to suggest
ways of doing it that might work.

If you wish to pursue the plan implied by your original questions,
that's fine by me. The likelihood of its succeeding is utterly
negligible, but that's more information than you asked for so feel
free to ignore it.

Ingo Pakleppa - see web site for email

On Mon, 25 Oct 2004 18:43:04 +0000, NKKK wrote:

    >
    >> NKKK <member28084@british_expats.com> wrote in message
    >> news:<[email protected] om>...
    >> > > If you are young, and without employment you are unlikely to get a
    >> > > B-2 anyway.
    >> >
    >> > I have 10 year B1/B2 granted.. i am 26 and had a job when i received
    >> > the visa..
    >> >
    >> > actually i dont wanna stay in the US for 1 year but I need the grant
    >> > to
    >> > be able to apply Canadian PR from the US.. I have a return ticket to
    >> > actually and will be coming back after 2 week stay..
    >> Please explain more clearly what you are trying and intending to do,
    >> and why. You're not making a lot of sense at the moment.
    >
    > Yes sir!...
    >
    > LOL..
    >
    > Well what I am trying to do is that I will apply to Canadian PR
    > while i am in the US, to be able to do that i need to be accepted to
    > the US 1 year...

That is quite unusual; I have never heard of such a rule for Canadian
immigration. While I'm not all that familiar with Canadian immigration
law, I'd be curious what the underlying law says.

    > Although I am not staying there for 1 year duration, i need 1 year
    > permit to be able to apply to Canadian PR...
    > I didn't think you need that info to answer my original question.. which
    > you dont need to answer at all..

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.

Vladimir Menkov

somebody wrote:
    >> Well what I am trying to do is that I will apply to Canadian PR
    >> while i am in the US, to be able to do that i need to be accepted to
    >> the US 1 year...

In article <[email protected]>,
Ingo Pakleppa - see web site for email <[email protected]> wrote:
    >That is quite unusual; I have never heard of such a rule for Canadian
    >immigration. While I'm not all that familiar with Canadian immigration
    >law, I'd be curious what the underlying law says.

Glad to oblige. The Immigration and Refugee Protection Regulations
implementing Canada's Immigration and Refugee Protection Act of 2002
(IRPA) stipulate that an aplication for permanent residence in Canada
may only be filed at the Canadian consulate serving the country
of applicant's citizenship or residence, defined as follows:

[begin quote]
http://laws.justice.gc.ca/en/I-2.5/S...tml#rid-136045

Place of application for permanent resident visa

11. (1) An application for a permanent resident visa -- other
than an application for a permanent resident visa made under
Part 8 -- must be made to the immigration office that serves

(a) the country where the applicant is residing, if the
applicant has been lawfully admitted to that country for a
period of at least one year; or

(b) the applicant's country of nationality or, if the
applicant is stateless, their country of habitual residence
other than a country in which they are residing without having
been lawfully admitted.
[end quote]

Which in practice means that now only US citizen, permanent residents,
and aliens on long-term US visas (typically, F, G, H, J) can file
permanent visa applications at the Canadian consulate in Buffalo (the
one serving the United States). But apparently somebody who's legally
admitted for 12 months with a B visa would be allowed to apply at
Buffalo as well. (Whether this is a good idea, is another question:
Buffalo may not be in a good position to verify one's credentials from
outside the USA; moreover, if the consulates decides to invite the
applicant for the interview once he's already left the USA, it may be
an extra inconvenience. I would think that in practice one should only
file his application at Buffalo unless either most of his experience
and education is from the USA, or he expects to stay in the USA for
several years, or whatever it takes to process an application these
days.)

I believe that the purpose of this rule was to eliminate "consulate
shopping". Prior to the passing of IRPA of 2002, applicants for
Canadian PR status were sometimes filing their application with the
Canadian missions in various third countries where it was believed
application processing times were better. (Though in practice a
third-country national -- say, an Indian filing his application at the
Canadian embassy in Mexico City -- well could face a longer wait than
a resident of the country served by the embassy in question). The
government, of course, would rather prefer itself to be in charge of
"load balancing", rather than trusting this to the applicants. To be
able to enforce the restiction, they had to introduce some formal
criterion to decide whether a person "resides" in a particular
country; presumably, they felt that the 1-year legal admission cutoff
is as good as any other rule of the thumb.

Actually, I don't know whether the requirement of having "been
lawfully admitted to that country for a period of at least one year"
means that the person is in the country and his period of authorized
stay is at least one year, or that he has already legally spent one year
in the country. I suppose application instructions at www.cic.gc.ca
explain the details.

--vladimir

NKKK

Thanks Boiler..