essdee

[someone from another forum referred me here - saying that you guys might have more answers/info/etc]

Hello, I'm a Canadian citizen but lived/worked in California for 12+ years on TN and H1b visas - I started the green card process with my first company but then had to stop it due to switching to a new job. Because of misinformation (and some not so great decisions on my part), I didn't end up getting any further with that.

A couple years ago, I was laid off and took the next year to travel - which included driving around the US on a B2 for a good amount of those months. I thought I was doing all the right things (always told the truth, never overstayed, etc) but I had left some stuff in storage in CA and when I tried to go back in to get it to move to a job in Australia, I was denied entry (mostly due to having stuff in my car that showed I'd been in the US a lot that year and their suspicion that I must be working illegally or was going to stay [which was def not true - I ended up saving a lot of money by working long hours all those years - didn't even get unemployment or anything during that time]).

Anyway, since then I've been in and out several times for visits, stopovers on the way to other countries (couldn't proceed with Oz job due to not having access to needed papers from storage), etc - each time I have a nice long talk with the secondary immigration - they always let me through but once I got a 10 day No EOS, AOS, COS I-94 (to pickup my stuff from storage and bring back to Canada). And this last time, after meeting a great woman on my trip - who came to visit me in Canada and then we drove back to her state - they gave me an I-94 multi-entry visa good for 6 months.

I'm not sure what to make of all this. I don't usually get I-94's unless it's a work visa thing (ie. only had two now for B2). The TN ones were multi-entry but the first I-94 obviously wasn't (so I'm not sure what a multi-entry visitor visa means). I had told them I was planning to stay for several weeks (which was my intention), but at this point I'm concerned that if I leave, I may not be able to get back soon (I worked for a bit earlier this year in Canada but had to quit due to depression - I have a leased apt there, bank accounts, etc - but no job currently).

What I'd like to do is (legally) get a job near where my gf lives. But barring that, what's the best thing to do at this point? Leave and try to come back later? Stay for longer attempting to find job? Apply for extension (but the I-94 is good for many months)? Something else? Not in the position to marry this woman just yet - and she can't travel for long periods of time due to pets, etc.

Sorry this was so long. Thank you in advance for any info.

crg

You should probably continue taking short trips until you figure out what you want to do, or find an employer to sponsor you. They seem to trust you again since the refusal as evidenced by the fact they have been admitting you. A six month trip looking for work while shacking up with your significant other could be problematic. An expedited removal with a 5 year bar could be imposed if they believe you are seeking entry as an immigrant without an immigrant visa.

The I-94 doesn't mean much considering they don't have to honor it for reentry. It's rare for a Canadian visitor to get one at all so it's unclear what they hoped to accomplish by issuing you one. One thing it does is set you up for a serious penalty if you overstay it. Canadian B-2 visitors aren't subject to the 3/10 year overstay bar unless they are admitted with an I-94 so that's a possibility. They could have also issued it to demonstrate to the next border guard that they thought you were okay and are sick of seeing you inside. It's tough to tell.

essdee

Thanks for your reply crg ! That's a lot of good info. They did say that it would probably be easier to come and go now - at least it would eliminate any (near) future waiting for another i-94 if someone else wanted to give me one. They joked "don't let us find out that you've been staying with your gf for 6 mths" - but I'm still confused what to do since my intention was to come for a few weeks and then leave (which is what I told them) but they didn't really seem to care/emphasize that part and gave me the whole 6 mths as an end date. And they also said... "if you're leaving and not planning to come back before the end date, be sure to turn the i-94 in - but otherwise just keep it as you come and go."

My gf and I were planning to move elsewhere together but now she wants to stay here - so I want to (officially) get a job in this area. Can I try for the next few weeks to secure that (possibly processing within the country, or leaving and coming back to get a TN) or will they penalize me for staying longer than the few weeks? (You might not be able to answer that for sure - I'm just wondering what's less risky in your opinion: leave and try to come back again for a bit, or stay a bit longer)

Thanks again! Appreciate your input.

crg

I guess a lot depends on what you mean by "a bit longer". Maintaining your credibility is critical if you want to travel somewhat freely. Assume they made notes as to what you said you were going to do the last time (and every time) you entered. If you deviate from what you told them and stay longer, they will be less likely to take you at your word next time.

Perhaps it would be prudent to look for a TN sponsor, but not stay longer to do it.