Canadian specific AP question

Old Oct 26th 2004, 3:20 am
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Default Canadian specific AP question

A hypothetical question specific to Canadians.

We know that a Canadian can visit the US visa exempt for up to 6 months. However, it is also understood that a Cdn is treated like a "duration of status" applicant when it comes to determining an overstay. Based on this, would a Canadian who has filed for marriage based AOS feel comfortable applying for advance parole if they had legally entered the US over 6 months prior? Would it make a difference if the entrance was made over 6 months ago but prior to a year? The assumption is based on the entry itself being legal and without intent to stay or any other immigration violations (working etc).
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Old Oct 26th 2004, 3:37 am
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Default Re: Canadian specific AP question

Originally Posted by Jancunuck
A hypothetical question specific to Canadians.

We know that a Canadian can visit the US visa exempt for up to 6 months. However, it is also understood that a Cdn is treated like a "duration of status" applicant when it comes to determining an overstay. Based on this, would a Canadian who has filed for marriage based AOS feel comfortable applying for advance parole if they had legally entered the US over 6 months prior? Would it make a difference if the entrance was made over 6 months ago but prior to a year? The assumption is based on the entry itself being legal and without intent to stay or any other immigration violations (working etc).
Have a look at this thread:

http://britishexpats.com/forum/showthread.php?t=101726
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Old Oct 26th 2004, 4:05 am
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Default Re: Canadian specific AP question

Originally Posted by sphyrapicus
Thanks for the thread. This thread is 2 years old so I was not able to see some of the references. Of special interest was Mr Folinsky's (sp?) comment about F1's and Canadians duration of status. This seems to indicate that an overstay is a mute issue for an otherwise law abiding Canadian and advance parole should only carry the normal risks. I suppose the longer a Cdn has stayed in excess of 180 days would increase the risks in any event.
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Old Oct 26th 2004, 4:23 am
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Default Re: Canadian specific AP question

Originally Posted by Jancunuck
A hypothetical question specific to Canadians.

We know that a Canadian can visit the US visa exempt for up to 6 months. However, it is also understood that a Cdn is treated like a "duration of status" applicant when it comes to determining an overstay. Based on this, would a Canadian who has filed for marriage based AOS feel comfortable applying for advance parole if they had legally entered the US over 6 months prior? Would it make a difference if the entrance was made over 6 months ago but prior to a year? The assumption is based on the entry itself being legal and without intent to stay or any other immigration violations (working etc).
"The answer is easy if you take it logically." Paul Simon
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Old Oct 26th 2004, 4:42 am
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Default Re: Canadian specific AP question

Originally Posted by Jancunuck
Thanks for the thread. This thread is 2 years old so I was not able to see some of the references. Of special interest was Mr Folinsky's (sp?) comment about F1's and Canadians duration of status. This seems to indicate that an overstay is a mute issue for an otherwise law abiding Canadian and advance parole should only carry the normal risks. I suppose the longer a Cdn has stayed in excess of 180 days would increase the risks in any event.
That's the only post you needed to look at. And why I pointed you in that direction. Forget the outdated links - they are not relevant.

As for the overstay being a mute issue, I'm not sure. Is there some underlying aural circumstance that comes into play here?
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Old Oct 26th 2004, 5:45 am
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Default Re: Canadian specific AP question

Originally Posted by sphyrapicus
That's the only post you needed to look at. And why I pointed you in that direction. Forget the outdated links - they are not relevant.

As for the overstay being a mute issue, I'm not sure. Is there some underlying aural circumstance that comes into play here?
Hi:

I looked at the string -- the "zero tolerance" has been officialy rescinded. In any case, it did not apply to OP's question of two years back. Other than the reference to "zero tolerance", the posting is still valid IMHO.
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Old Oct 26th 2004, 6:04 am
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Default Re: Canadian specific AP question

Originally Posted by sphyrapicus
As for the overstay being a mute issue, I'm not sure. Is there some underlying aural circumstance that comes into play here?
Good one! I wonder how many heads that went over!

Ian
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Old Oct 26th 2004, 6:16 am
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Default Re: Canadian specific AP question

Originally Posted by ian-mstm
Good one! I wonder how many heads that went over!

Ian
Hopefully fewer than the Paul Hewson one last week.
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Old Oct 26th 2004, 7:34 am
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Default Re: Canadian specific AP question

As for the overstay being a mute issue, I'm not sure. Is there some underlying aural circumstance that comes into play here? [/QUOTE]

Thanks for the responses and sorry for the name error Folinskyinla.

"Hear" (groan) is my aural circumstance. Married 3+ years to Cdn who is US LPR. Currently waiting for his naturalization - interview passed, no oath as yet. Wait may put us in slightly over the 6 month visit.

Have only visited during past 4 years - no overstays, no work (I am retired), no criminal or other undesireable activity, no POE issues - have always said I am visiting hubby - never asked how long etc. Own house and have other assets in Cda. We are an older, professional couple. This situation has been almost unbearable and we are anxious to finally start our lives together.

At last we are almost in a situation to adjust. I do not want to risk not being able to travel with advance parole. We both have elderly parents in Cda with health issues.

Do these circumstances cause any warning signs I should be aware of?
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Old Oct 26th 2004, 8:05 am
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Default Re: Canadian specific AP question

Originally Posted by Jancunuck
Thanks for the responses and sorry for the name error Folinskyinla.

"Hear" (groan) is my aural circumstance. Married 3+ years to Cdn who is US LPR. Currently waiting for his naturalization - interview passed, no oath as yet. Wait may put us in slightly over the 6 month visit.

Have only visited during past 4 years - no overstays, no work (I am retired), no criminal or other undesireable activity, no POE issues - have always said I am visiting hubby - never asked how long etc. Own house and have other assets in Cda. We are an older, professional couple. This situation has been almost unbearable and we are anxious to finally start our lives together.

At last we are almost in a situation to adjust. I do not want to risk not being able to travel with advance parole. We both have elderly parents in Cda with health issues.

Do these circumstances cause any warning signs I should be aware of?
Hear, hear. I like your sense of humour. I think Mr F has already answered your questions.

It is remarkable that you've been married for so long and have made repeated visits to the US to visit your husband and never had any problems at the POE.

It sounds like you have everything under control. Here's to a speedy oath ceremony.
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Old Oct 26th 2004, 9:10 am
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Default Re: Canadian specific AP question

[QUOTE=sphyrapicus].

It is remarkable that you've been married for so long and have made repeated visits to the US to visit your husband and never had any problems at the POE.

Thanks for the well wishes. We have indeed been fortunate in our visits. I have generally travelled alone by car (Cdn plates) and my age, being female etc have gone in my favour (sorry anti-profilers). I have carried proof of my ties to Canada but never had to use them. Once, when we travelled together (in my car) we were detained by a sympathetic agent who checked the car - said he was looking for a vacuum cleaner hehe (ie household goods)
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Old Oct 26th 2004, 11:11 am
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Default Re: Canadian specific AP question

Originally Posted by Jancunuck
Thanks for the responses and sorry for the name error Folinskyinla.
Hi:

What error?
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