B1 for Canadian

Old Nov 2nd 2005, 1:42 pm
  #1  
Sanli
Guest
 
Posts: n/a
Default B1 for Canadian

My parents live in Canada and they have become Canadian citizen for
more than 10 years. I live in US and currently a green card holder. We
visit each other few times a year for a long time now without any
problem. I recently had a baby and mom wants to visit more often. Last
week she traveled by train from Canada to US on her own for the first
time. At the border she was stamped by an INS officer with a B2 visa
valid for one month. (She told the officer she wish to stay for about a
month.) We are all shocked that she was stamped! We are also worried
about its consequence. I know pretty much nothing about the visa
related issues, and I would appreciate if someone familiar with these
issues can help out with some questions:

1. When mom leaves US within the valid time period, how should she let
INS know that she left? I know there's US custom at the border, but is
driving the only option? what about by train/bus/air?

2. How does the stamp affect her re-entry to US next time? It sounds
like a real bad idea to come back US in a short time, but what if she
really needs to? what is the best course of action to come back US
soon? Mom has no intention to migrate to US, she's not working in
Canada but has everything else still ties in Canada.


Thanks in advance!
 
Old Nov 2nd 2005, 7:00 pm
  #2  
Kevin Keane
Guest
 
Posts: n/a
Default Re: B1 for Canadian

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

sanli wrote:

    > My parents live in Canada and they have become Canadian citizen for
    > more than 10 years. I live in US and currently a green card holder. We
    > visit each other few times a year for a long time now without any
    > problem. I recently had a baby and mom wants to visit more often. Last
    > week she traveled by train from Canada to US on her own for the first
    > time. At the border she was stamped by an INS officer with a B2 visa
    > valid for one month. (She told the officer she wish to stay for about a
    > month.) We are all shocked that she was stamped!

Exactly what was stamped (it wasn't actually a visa, since you can only get
that at a US consulate)? Was it just an admission stamp in her Canadian
passport? Did she have to fill out a white form I-94? Did he ask any
questions?

BTW, INS ceased to exist about two years ago; it was now a CBP officer.

    > We are also worried about its consequence.

Fundamentally, there are no direct consequences. She was admitted, and as
long as she leaves after the one month, there won't be a future problem.

However, there is information about her trip in the computer system now. If
she travels to the USA soon after returning to Canada, she may get singled
out again.

    > I know pretty much nothing about the visa
    > related issues, and I would appreciate if someone familiar with these
    > issues can help out with some questions:
    >
    > 1. When mom leaves US within the valid time period, how should she let
    > INS know that she left? I know there's US custom at the border, but is
    > driving the only option? what about by train/bus/air?

That depends on exactly what they did. If they gave her a white I-94 form,
she should surrender it to the Canadian immigration officer if driving or
taking the train or bus. If flying or taking a ship, give it to the airline
or shipping line when you check in.

If they just put a stamp in her passport, no need to do anything.

    > 2. How does the stamp affect her re-entry to US next time? It sounds
    > like a real bad idea to come back US in a short time, but what if she
    > really needs to?

That is a general problem; it has nothing much to do with the stamp. As a
tourist, you are expected to spend considerable time outside the USA
between trips.

    > what is the best course of action to come back US soon?

How much time is she planning to spend in Canada, and how much in the USA?

    > Mom has no intention to migrate to US, she's not working in
    > Canada but has everything else still ties in Canada.

That is going to help tremendously.

By the way, she has one very strong tie to the USA as well, at least in the
eyes of US immigration authorities: you. As long as you are over 21, you
could sponsor your mother for a Green Card. And that alone makes her
suspect of immigration intent.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
-----BEGIN PGP SIGNATURE-----
Version: GnuPG v1.4.0 (GNU/Linux)

iD8DBQFDacOKyUlVTFdHXskRArsHAJwIsc854vDYb3MDRo/wrXGNYaFgJgCgi5d5
P96SFZof5Ve/gzZU3nUg3yo=
=/Pn4
-----END PGP SIGNATURE-----
 
Old Nov 3rd 2005, 4:03 am
  #3  
Sanli
Guest
 
Posts: n/a
Default Re: B1 for Canadian

Kevin,

Thanks for replying. There's no I-94 issued. It is a simple stamp
with two dates, one in red which is the stamped date, one in written
which is the valid until date; also a "B2" in written for Class. The
CBP officer (sorry for the ignorance) did not take away her passport
but stamped it on spot. I wonder if they really have her information
about this trip in the system? (maybe I am too naive, maybe they
really do, I don't know.) If nothing needs to be done upon her leaving,
how can she prove that she left and not overstayed until her next
entry? She wants to be able to come back and forth between US and
Canada to take care of my baby and also the family still at Canada.
My mom originally planning to stay with us for long time (like 6
months) to take care of my infant but going back Canada for
Thanksgiving and Christmas with us by car. Now it becomes more
complicated and I don't know if she can still do that. Since this is
not a visa, I guess we can not file an extension neither?

Thanks a lot and best regards.

Sanli
 
Old Nov 3rd 2005, 6:37 am
  #4  
Account Closed
 
Joined: Mar 2004
Posts: 2
scrubbedexpat099 is an unknown quantity at this point
Default Re: B1 for Canadian

She is asking for trouble, what you propose is not allowed on a Visitors Visa.
scrubbedexpat099 is offline  
Old Nov 3rd 2005, 9:35 am
  #5  
Kevin Keane
Guest
 
Posts: n/a
Default Re: B1 for Canadian

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

sanli wrote:

    > Kevin,
    >
    > Thanks for replying. There's no I-94 issued. It is a simple stamp
    > with two dates, one in red which is the stamped date, one in written
    > which is the valid until date; also a "B2" in written for Class. The
    > CBP officer (sorry for the ignorance) did not take away her passport
    > but stamped it on spot. I wonder if they really have her information
    > about this trip in the system? (maybe I am too naive, maybe they
    > really do, I don't know.) If nothing needs to be done upon her leaving,
    > how can she prove that she left and not overstayed until her next
    > entry?

For the most part, US immigration simply relies on asking the immigrant and
matching it up with what they have stored in their computer. To answer your
question: they do scan the passport into the computer; that can be done
very quickly, and would be barely noticeable to her. They can also enter
information after she already left.

So the next time she goes to the USA, they would ask her when she departed.
If there is some doubt whether or not she really did, they may ask her for
evidence such as rent receipts for her Canadian apartment.

    > She wants to be able to come back and forth between US and
    > Canada to take care of my baby and also the family still at Canada.

Bad idea. "Taking care of your baby" is considered working, even if she does
not get paid and even if she is a relative. US immigration law basically
says that you should be paying a US nanny instead of bringing in a
foreigner to do the work for free and destroying a US job. Unrealistic, I
know, but that's the way the law is.

    > My mom originally planning to stay with us for long time (like 6
    > months) to take care of my infant but going back Canada for
    > Thanksgiving and Christmas with us by car. Now it becomes more
    > complicated and I don't know if she can still do that.

You are right. She needs to go back to Canada at the end of her month, and
then stay in Canada for a substantial amount of time; I would recommend at
least six to twelve months. What you are proposing is too much like
residing in the USA to be legal - and to do that, she would need an
immigrant visa.

In fact, the reason the officer gave her only one month is almost certainly
that she indicated something of this nature, and he explicitly wanted to
prevent it.

    > Since this is not a visa, I guess we can not file an extension neither?

You could (you never extend a visa anyway, you only extend a status - and
that's what she *does* have), but you would probably worsen the problem in
the long run.

Most likely, the stamp will also have something like "No EOS/COS/AOS"
written on it. That says "No Extension of Stay/Change of Status/Adjustment
of Status". This annotation is not binding, but when you file an extension,
USCIS will certainly look at such a case more closely.

There is one other thing you could do: sponsor her for a Green Card. As your
mother, she is immediately eligible. The paperwork will still take around a
year or so. You could also try and sponsor her right now; that would allow
her to remain in the USA until she has her Green Card. However, it is
fraught with problems, and you would be wise to consult an immigration
attorney experienced with family immigration. Also, she would *not* be able
to return to Canada for Thanksgiving, and probably also not for Christmas.

The main problem may be that USCIS may perceive that she had planned on
doing that all along - that would be immigration fraud. You might have a
defense: you only came up with that idea after investigating what happened
at the border in the first place. Still, it is problematic without a
lawyer.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
-----BEGIN PGP SIGNATURE-----
Version: GnuPG v1.4.0 (GNU/Linux)

iD8DBQFDapDPyUlVTFdHXskRArwZAJ41T7w0dJNxLdGpW91J6Q FrOHqBsgCeMXnw
uSyhNbVBMZcwxofKkKgZD4g=
=nt7M
-----END PGP SIGNATURE-----
 
Old Nov 3rd 2005, 10:21 am
  #6  
crg
American Expat
 
Joined: Jan 2004
Posts: 7,598
crg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond repute
Default Re: B1 for Canadian

Originally Posted by Sanli
Kevin,

Thanks for replying. There's no I-94 issued. It is a simple stamp
with two dates, one in red which is the stamped date, one in written
which is the valid until date; also a "B2" in written for Class. The
CBP officer (sorry for the ignorance) did not take away her passport
but stamped it on spot. I wonder if they really have her information
about this trip in the system? (maybe I am too naive, maybe they
really do, I don't know.) If nothing needs to be done upon her leaving,
how can she prove that she left and not overstayed until her next
entry? She wants to be able to come back and forth between US and
Canada to take care of my baby and also the family still at Canada.
My mom originally planning to stay with us for long time (like 6
months) to take care of my infant but going back Canada for
Thanksgiving and Christmas with us by car. Now it becomes more
complicated and I don't know if she can still do that. Since this is
not a visa, I guess we can not file an extension neither?

Thanks a lot and best regards.

Sanli
The officer probably knew that mom's "one month visit" story was not the truth so they limited her stay. The officers are good at detecting false statements. I suspect that this wasn't her first visit to see you and I also suspect that mom spends a lot of time with you already. They really should have issued an I-94 and charged her $6 for it as well. They could have done that on the spot. I'm confused as to why she didn't get the departure portion of the I-94. Is it possible she lost it?

Like Kevin said, your mother can't be used in lieu of paid child care. It's work and it's illegal. If you want her to watch your baby, you can send the baby to Canada.

She can prove she departed on time by keeping her ticket stubs from the outbound train if she doesn't have an I-94. She should travel with evidence that she is living in Canada and taking short visits in the future.
crg is offline  
Old Nov 4th 2005, 8:41 am
  #7  
Ravi Rao
Guest
 
Posts: n/a
Default Re: B1 for Canadian

In article <[email protected]> , crg14624 wrote:

    > Like Kevin said, your mother can't be used in lieu of paid child care.
    > It's work and it's illegal. If you want her to watch your baby, you can
    > send the baby to Canada.

It's not so simple. Canada has laws about taking in foreigners too, yaknow? :)

--ravi.
 

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Manage Preferences - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Your Privacy Choices -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.