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How long can a Canadian stay in the US?

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  • How long can a Canadian stay in the US?

    Hi all,

    Sorry for what might be an easy question...

    My girlfriend is a Canadian citizen, I am USC. She crossed the border legally in April and has been here since. She does not have an I-94 or any other paperwork. Just came on a bus, showed the border her passport, and came through. Nice and simple.

    My question is how long is she legally allowed to stay here? We had read online that she could only stay 90 days, but I am hearing that for Canadians it is actually 6 months. Remember, she has no visitor visa or anything else.

    If anyone could show me a link that lays it out clearly, I'd be very appreciative. I cant find it anywhere. Thanks!

  • #2
    Originally posted by tellemfred View Post
    Hi all,

    Sorry for what might be an easy question...

    My girlfriend is a Canadian citizen, I am USC. She crossed the border legally in April and has been here since. She does not have an I-94 or any other paperwork. Just came on a bus, showed the border her passport, and came through. Nice and simple.

    My question is how long is she legally allowed to stay here? We had read online that she could only stay 90 days, but I am hearing that for Canadians it is actually 6 months. Remember, she has no visitor visa or anything else.

    If anyone could show me a link that lays it out clearly, I'd be very appreciative. I cant find it anywhere. Thanks!
    She is allowed to stay for 6 months maximum. Clearly she is accumulating illegal presence and should go back immediately. If caught (now), she faces a 3 year bar.

    Comment


    • #3
      Originally posted by bigboy00 View Post
      She is allowed to stay for 6 months maximum. Clearly she is accumulating illegal presence and should go back immediately. If caught (now), she faces a 3 year bar.

      Could you explain more? I dont understand how crossing legally with a passport and her only being here for 3 months would make her illegal? Canadians are not required to have a visitor visa or an I-94. Just seeking some clarification

      Comment


      • #4
        Originally posted by tellemfred View Post
        Could you explain more? I dont understand how crossing legally with a passport and her only being here for 3 months would make her illegal? Canadians are not required to have a visitor visa or an I-94. Just seeking some clarification
        As I've said (corrected myself), she is not illegal and she can stay for 6 months. I hope she has no date stamp in her cdn passport when she entered the US. If she has, then her status expires on that date and she has to return to Canada on that date.

        Comment


        • #5
          so bigboy00 if she doesn't have any STAMP or anything on her passport, then she can be in US without accumulating illegal presence right.

          Comment


          • #6
            bigboy00 i also pm'd you a logical question....can you pls give me your feedback.

            Thanksssss

            Comment


            • #7
              As a Canadian citizen, the OP's girlfriend can stay in the US for six months. However since she was never issued an I-94, she will not accrue illegal presence if she goes beyond her six months. It is a well know loophole. To accrue illegal presence, one needs an expired I-94. Canadians usually do not get I-94s. See the irony?

              Originally posted by bollywoodboyz View Post
              so bigboy00 if she doesn't have any STAMP or anything on her passport, then she can be in US without accumulating illegal presence right.
              Regards,
              S K Ghori
              skg@vex.net
              http://www.vex.net/~skg/

              **NOTE**
              I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

              **DISCLAIMER**
              I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

              Comment


              • #8
                Originally posted by bollywoodboyz View Post
                so bigboy00 if she doesn't have any STAMP or anything on her passport, then she can be in US without accumulating illegal presence right.
                Nope, I never said that. What I meant was if there is no stamp, she should be out within 6 months.

                Comment


                • #9
                  what if a canadian enters the states just by driving through the border and showing nexus pass, or just regular drivers license for id, but nothing is stamped. legally they can only stay 6 months? or what if they overstay and stay for years and years without going back, since there is no documentation of entry who can say how long they have been there? because i have crossed the american border into canada and vice versa at times without showing any ID at all.
                  Green Card for Wife & Son
                  D/O: Seattle
                  07/24/07 RD I-130
                  08/23/07 Received NOA I-130
                  01/17/08 Request Upgrade to Immediate Relative I-130
                  02/13/08 RD I-485,I-765,I-131
                  03/01/08 Received NOA I-485,I-765,I-131
                  03/20/08 FP Done
                  05/02/08 AP Documents Received
                  05/05/08 EAD Cards Received
                  09/10/08 IL Received
                  10/30/08 ID
                  12/27/08 Greencards RECEIVED!!!!

                  Comment


                  • #10
                    nexus

                    Originally posted by js360 View Post
                    what if a canadian enters the states just by driving through the border and showing nexus pass, or just regular drivers license for id, but nothing is stamped. legally they can only stay 6 months? or what if they overstay and stay for years and years without going back, since there is no documentation of entry who can say how long they have been there? because i have crossed the american border into canada and vice versa at times without showing any ID at all.
                    I believe that if you enter through a Nexus card, the Nexus RFID in the US Port also registers your entry to the US once you flash your card, and may date stamp it on their computer system. Now when you re-enter Canada, your Nexus RFID will be at work again and will register your re-entry date in the Canadian Computer System, confirming your exit in the US. Unless US and Canada RFID NExus machine computer readers "talk" to each other, the US may or may not know your date of exit from their country, and entrance to Canada, otherwise, they will be aware of your length of stay in the US.

                    Comment


                    • #11
                      Originally posted by matwiz View Post
                      I believe that if you enter through a Nexus card, the Nexus RFID in the US Port also registers your entry to the US once you flash your card, and may date stamp it on their computer system. Now when you re-enter Canada, your Nexus RFID will be at work again and will register your re-entry date in the Canadian Computer System, confirming your exit in the US. Unless US and Canada RFID NExus machine computer readers "talk" to each other, the US may or may not know your date of exit from their country, and entrance to Canada, otherwise, they will be aware of your length of stay in the US.
                      It is a possible scenario because NEXUS is a joint US-Canadian programme. However, if a person really doesn't want the CBP to find out when he/she leaves the country, a Canadian citizenship certificate can be shown upon entry to Canada - there is nothing to scan and the CBSA officer might be lazy to type into computer at all. Theoretically, it is enough for CBSA, but they may have questions about what document you've used to enter the USA and how long you have stayed there.

                      Sometimes CBP set up the outbound passport control at land crossings, so I would not recommend anyone to overstay their allowed 6-month period. And if a NEXUS member is found to overstay, there would be a ban on re-entry and the NEXUS card will be revoked and probably never granted again.

                      Comment


                      • #12
                        It's 2011 now. I'm wondering just what the standard procedure at the border is like this day - both from CAN to USA and USA to CAN?

                        I was told that at the border, there's only one line for both immigration and customs. And they stamp your passport when you enter USA as well as when you exit. Is this true?

                        Does it make any difference between driving a car and taking a bus, such as Greyhound? Do USA border agents actually give you an I-94?

                        I'd like to know the experiences from people who have actually done this since passport was required for land travel into USA.

                        Thank you so much.
                        Last edited by AsABird; 6th March 2011, 02:33 AM.

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