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How long can Canadian citizen stay in US?

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How long can Canadian citizen stay in US?

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Old Mar 6th 2004, 2:23 pm
  #1  
Mike
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Posts: n/a
Default How long can Canadian citizen stay in US?

Hi,
My parents are Canadian citizens,
they visit me every year,
just show their passports when pass the port ,
no stamp, no I-94,
they usually stay a couple months,
I am planning to apply GC for them and I would like them to stay here to
wait,
how long can they stay?

because they don't get I-94, how can I extend their stay?

Thanks,
Mike
 
Old Mar 7th 2004, 5:52 pm
  #2  
crg
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Joined: Jan 2004
Posts: 7,598
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Default Re: How long can Canadian citizen stay in US?

Originally posted by Mike
Hi,
My parents are Canadian citizens,
they visit me every year,
just show their passports when pass the port ,
no stamp, no I-94,
they usually stay a couple months,
I am planning to apply GC for them and I would like them to stay here to
wait,
how long can they stay?

because they don't get I-94, how can I extend their stay?

Thanks,
Mike
It's illegal for them to enter the United States with the intention of remaining for a green card. They would have immigrant intent and be unable to be admitted in a non-immigrant visitor status.

You should apply for an immigrant visa. They can still visit while waiting for the immigrant visa as long as they maintain a foreign residence and can demonstrate that they aren't planning to immigrate on that visit.
crg is offline  
Old Mar 8th 2004, 9:07 am
  #3  
Sylvia Ottemoeller
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Default Re: How long can Canadian citizen stay in US?

"Mike" <[email protected]> wrote in message
news:[email protected]...

    > My parents are Canadian citizens,
    > they visit me every year,
    > just show their passports when pass the port ,
    > no stamp, no I-94,
    > they usually stay a couple months,
    > I am planning to apply GC for them and I would like them to stay here to
    > wait,
    > how long can they stay?
    > because they don't get I-94, how can I extend their stay?

Hi Mike. What crg said -- that "It's illegal for them to enter the United
States with the intention of
remaining for a green card" -- is true.

However, I will answer your question directly. When a citizen of Canada is
admitted to the U.S. without filling out Form I-94, he is generally deemed
to hold B-2 (visitor for pleasure) status for a period of 6 months from the
date of entry.
 
Old Mar 9th 2004, 9:45 am
  #4  
Mike
Guest
 
Posts: n/a
Default Re: How long can Canadian citizen stay in US?

Thanks CRG14624.

They have been enjoyed traveling back and forth in
the past, usually just stay for a couple of weeks.
But recently my parents expressed the intention
to stay with us in USA, and they just came last month,
so can I start to apply GC for them or I have to
send them back and apply from there...

Thanks,
Mike
"crg14624" <member20421@british_expats.com> wrote in message
news:[email protected]...
    > Originally posted by Mike
    > > Hi,
    > > My parents are Canadian
    > citizens,
    > > they visit me every year,
    > > just show their passports when
    > pass the port ,
    > > no stamp, no I-94,
    > > they usually stay a couple
    > months,
    > > I am planning to apply GC for them and I would like them to
    > stay here to
    > > wait,
    > > how long can they stay?
    > >
    > > because they don't
    > get I-94, how can I extend their stay?
    > >
    > > Thanks,
    > > Mike
    > It's illegal for them to enter the United States with the intention of
    > remaining for a green card. They would have immigrant intent and be
    > unable to be admitted in a non-immigrant visitor status.
    > You should
    > apply for an immigrant visa. They can still visit while waiting for the
    > immigrant visa as long as they maintain a foreign residence and can
    > demonstrate that they aren't planning to immigrate on that visit.
    > --
    > Posted via http://britishexpats.com
 
Old Mar 9th 2004, 9:48 am
  #5  
Mike
Guest
 
Posts: n/a
Default Re: How long can Canadian citizen stay in US?

Thanks, Sylvia.

6 month is what I suspected. My another question:
I want to apply GC for them, and they just been here
about 1 month, can I apply GC while they are here?

I heard that applying GC process takes about 1 year,
if I send them back then apply, if GC pending,
they will not be able come on visitor visa, right?

Thaks again,
Mike
"Sylvia Ottemoeller" <[email protected]> wrote in message
news:[email protected]...
    > "Mike" <[email protected]> wrote in message
    > news:[email protected]...
    > > My parents are Canadian citizens,
    > > they visit me every year,
    > > just show their passports when pass the port ,
    > > no stamp, no I-94,
    > > they usually stay a couple months,
    > > I am planning to apply GC for them and I would like them to stay here to
    > > wait,
    > > how long can they stay?
    > >
    > > because they don't get I-94, how can I extend their stay?
    > Hi Mike. What crg said -- that "It's illegal for them to enter the United
    > States with the intention of
    > remaining for a green card" -- is true.
    > However, I will answer your question directly. When a citizen of Canada
is
    > admitted to the U.S. without filling out Form I-94, he is generally deemed
    > to hold B-2 (visitor for pleasure) status for a period of 6 months from
the
    > date of entry.
 
Old Mar 10th 2004, 3:39 pm
  #6  
Ingo Pakleppa - see web site for email
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Posts: n/a
Default Re: How long can Canadian citizen stay in US?

You can apply for your parents while they are in the USA. A few things to
note:

- you would have to prove that they changed their mind about staying after
they arrived. That is usually difficult after only one month. As a rule of
thumb, wait at least 90 days.

- once the paperwork is filed, they must *not* leave the USA until the
Green Card is approved. Forget the six months at this point; it is legal
to remain in the USA while the case is pending.

If they travel to Canada, even for a single day, even just for one hour
shopping right across the border, they would abandon the Green Card
application *and* have problems returning to the USA as a tourist. They
may be able to return to the USA, only to find themselves getting deported
weeks or months later. They wouldn't be the first to experience this
unpleasant surprise.

There is a way around that; together with the Green Card application, they
can apply for Advance Parole, which is the permission to travel while the
GC is pending.

As the alternative, of course they can also return to Canada and wait for
the case there until the immigrant visa is approved. The paperwork for
this procedure is quite different in many respects.

If they choose to apply within the USA, processing time can be anything
from one to three years or more. As I said, during that time they would
have to remain in the USA.

If they choose to wait outside the USA, I would expect approximately one
or two years.

On Tue, 09 Mar 2004 22:48:22 +0000, Mike wrote:

    > Thanks, Sylvia.
    >
    > 6 month is what I suspected. My another question: I want to apply GC for
    > them, and they just been here about 1 month, can I apply GC while they
    > are here?
    >
    > I heard that applying GC process takes about 1 year, if I send them back
    > then apply, if GC pending, they will not be able come on visitor visa,
    > right?
    >
    > Thaks again,
    > Mike
    > "Sylvia Ottemoeller" <[email protected]> wrote in message
    > news:[email protected]...
    >> "Mike" <[email protected]> wrote in message
    >> news:[email protected]...
    >> > My parents are Canadian citizens,
    >> > they visit me every year,
    >> > just show their passports when pass the port , no stamp, no I-94,
    >> > they usually stay a couple months,
    >> > I am planning to apply GC for them and I would like them to stay here
    >> > to wait,
    >> > how long can they stay?
    >> >
    >> > because they don't get I-94, how can I extend their stay?
    >> Hi Mike. What crg said -- that "It's illegal for them to enter the
    >> United States with the intention of
    >> remaining for a green card" -- is true.
    >> However, I will answer your question directly. When a citizen of
    >> Canada
    > is
    >> admitted to the U.S. without filling out Form I-94, he is generally
    >> deemed to hold B-2 (visitor for pleasure) status for a period of 6
    >> months from
    > the
    >> date of entry.

--
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.
 
Old Mar 10th 2004, 5:40 pm
  #7  
Mike
Guest
 
Posts: n/a
Default Re: How long can Canadian citizen stay in US?

Thanks, Ingo!

Your suggestion is very clear and I appreciate it.

I am really concerned the I-94 porblem, because they travel back and forth
but never had any stamp on the passport, how can I fill the application that
requires a I-94 number? Do I really need to hire a lawyer?

Thanks lot,
Mike
"Ingo Pakleppa - see web site for email" <[email protected]> wrote in message
news[email protected]...
    > You can apply for your parents while they are in the USA. A few things to
    > note:
 
Old Mar 11th 2004, 4:12 pm
  #8  
Ingo Pakleppa - see web site for email
Guest
 
Posts: n/a
Default Re: How long can Canadian citizen stay in US?

You do NOT need to provide an I-94 number. Simply write "Canadian citizen
admitted without I-94". Also give the date of admission.

For straightforward family-based cases, a lawyer is usually not necessary.
Of course, if there are complications, it may be a good idea to hire one.

On Thu, 11 Mar 2004 06:40:01 +0000, Mike wrote:

    > Thanks, Ingo!
    >
    > Your suggestion is very clear and I appreciate it.
    >
    > I am really concerned the I-94 porblem, because they travel back and forth
    > but never had any stamp on the passport, how can I fill the application that
    > requires a I-94 number? Do I really need to hire a lawyer?
    >
    > Thanks lot,
    > Mike
    > "Ingo Pakleppa - see web site for email" <[email protected]> wrote in message
    > news[email protected]...
    >> You can apply for your parents while they are in the USA. A few things to
    >> note:

--
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.
 
Old Mar 12th 2004, 11:45 am
  #9  
Mike
Guest
 
Posts: n/a
Default Re: How long can Canadian citizen stay in US?

Thanks, Ingo.
Mike
"Ingo Pakleppa - see web site for email" <[email protected]> wrote in message
news[email protected]...
    > You do NOT need to provide an I-94 number. Simply write "Canadian citizen
    > admitted without I-94". Also give the date of admission.
    > For straightforward family-based cases, a lawyer is usually not necessary.
    > Of course, if there are complications, it may be a good idea to hire one.
    > On Thu, 11 Mar 2004 06:40:01 +0000, Mike wrote:
    > > Thanks, Ingo!
    > >
    > > Your suggestion is very clear and I appreciate it.
    > >
    > > I am really concerned the I-94 porblem, because they travel back and
forth
    > > but never had any stamp on the passport, how can I fill the application
that
    > > requires a I-94 number? Do I really need to hire a lawyer?
    > >
    > > Thanks lot,
    > > Mike
    > > "Ingo Pakleppa - see web site for email" <[email protected]> wrote in
message
    > > news[email protected]...
    > >> You can apply for your parents while they are in the USA. A few things
to
    > >> note:
    > >>
    > >>
    > --
    > 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.
 

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