I94 Issue when crossing US/Canada Border

K

kushan

New Member
Hi Experts,

I have a question regarding I94 when crossing US/Canada Border.

Usually, I should surrender my I94 when leaving US. However, since I am going to land in Canada and come back in two days, whom I should talk to withhold my I94, Canadian Officer or US Officer? I heard that at some port, you can go directly to the Canada port and there will not be any US officer to check your I94. If I withhold my I94 at the canada port and come back, how would US officer know my stay is less than 30 days?

I would really appreciate if any one could share his/her exprience on leaving and reenter the port through car.
 
I am no expert but here are my two cents:

If you have a return air ticket, that is enough to prove that u have had a short stay. Or you can just say that the airline rep did not take the I94. There is a clear 30 day rule.

I have a similar issue. I actually left for India and the airline rep never took the lower part of the I797, she only took the I94 stapled to the passport. Do u know if this is a problem ?
 
sorry, did not see the mention of car crossing.
Check with Vault/Ray etc. They have a lot of knowledge on this. Quite honestly, i have never had an I94 problem at the Candian border. (as long as u have a valid visa stamped in the passport)
 
Should I retain the rental receipt of the car or something so that the US officer will know I stay in Canada less than 30 days? Or, they will stamp the date on your passport and they know how long you stay in Canada? Guys, please help.
 
keep the rental car receipt etc...

usually they will just ask ..how many days in canada.. and take your word for it. No INS officer will stamp your passport on the way out of USA...usually no canadian officer willl stamp your passport/PR papers on the way in ..on the way back to the USA, if you have a I-94 you can just come in..no stamp on passport once again..if you have no I-94 then you pay $6 and get a new I-94 and stamp on passport.
once again if you have left the USA to go to canada for less than 30 days you can come back..however please check the new rule after 9/11..to make sure they still honor the auto revalidation at all border posts.
 
tt tt
You said that they don't stamped your passport when going back to Canada from USA. Is that true for Air travel as well?
 
Hey Guys,

I was a Indian before I become a canadian use to travel between USA And canada. I Had h1(b) visa before i got a greencard in USA :). Canadian immigration authorities never stamped on my passport when I entered into canada from USA. US Authorities 95% didnt stamp on my passport. Only 5% times they stamped on my passport, but they never took my I-94.

It will be helpful to people who travel between USA and Canada.


Thanks,
raj
 
I just came from Toronto to US on March 7th. They stamped my passport at Toronto airport. Checked my Landing dociment and original I797. If you come by road, chances of getting passport stamped is almost nil.
 
My friend who is working in US on H1B went to Canada on 5th March to apply for PR card.
He took a flight from US to Toronto and at Toronto airport they stamped his passport.
INS did not stamp his passport when he took a flight back on 8 March to US from Toronto (INS office is at Toronto airport) and he was allowed back with same I-94, as Airlines never took his I-94 when he departed from US by air.
I don’t understand why the fear if Canada or INS stamps the passport.
If your concern is that to maintain PR status of Canada and you think that you work in US on H1B but on PR card you can fill up that you were IN Canada that is wrong, don’t try to do that because if you are working in US and state that you were IN Canada that info can be easily verified by CIC better is to be honest.
 
Guys, Appreciated! Your info and suggestions are very helpful. I am concerns about the stamp because I don't know how INS finds out how long you stay in Canada by car. I mean if they don't record your departure date, how can they know your stay in Canada is less than 30 days? I guess they must record your information before you leave US and later on they check with this information to see if your stay is less than 30 days. Please share your landing exprience by car. Thanks again. I only have seven days to March 17. Please help.
 
Ginnu,

I agree with you absolutely!!

There is nothing wrong if CIC/BCIS stamps the passport. The reason people are freaking out is that they might not qualify to apply for CANADIEN :) citizenship, or they might loose their PR status. I am on H1-B and I work 2 -3 days from home in Canada, and the other days I drive to US. If someone is not maintaining residence in Canada, or maintain bank accounts without activity, and put in their application that they lived in Canada, then it is considered FRAUD, and will/might get them into trouble at a later date.

I was told by CIC that my leaving Canada in the morning to US and heading back to Canada in the evening/night will be considered out of Canada for that particular day. I was also asked if either borders stamp my passport? When I told no, I was advised to keep records of my dates that I go into US to work. I was also advised that once I complete 3 years from the date of landing (of course add the number of days out of the country vacation/international travel) I can apply for citizenship, and it is up to the citizenship judge to decide, if he will grant me citizenship or not.
 
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kushan:
Honestly I do not have answer for your situation if you go by car and want to use Automatic Visa Revalidation for your visit to Canada less than 30 days with same I-94. Canada immigration do not take your I-94 and record your entry to Canada at border, regarding your suggestion that they MUST record the information you should write a letter to Canada immigration minister or CIC.

When you return to US the burden of proof is on you, you have to prove it to BCIS that you entered less than 30 days. If I am in your situation I will go by air and will keep potion of my boarding pass from US to Canada and while I return I can show that piece of airlines boarding pass to BCIS.
IF by Car:
I may be wrong just a suggestion:
Take letter from your employer that states you want to visit Canada on ABCD date and will be in Canada for XXX days and you are required to be present on XYZ date in US.
Keep your recent pay stubs with you.
The day before you go to Canada Use credit caed in US and Keep credit card receipt with you
Take the print out of bank statement through ATM one day or same day before going to Canada.
Convert your USD to CDN at border post and keep the Receipt with you.
As you are going to land your passport will be stamped and also landing document and that will be the enough proof that you landed on particular date in Canada
also take the print out from my other thread on Automatic Visa Revalidation, read it, keep a copy with you if needed show them what DOS says
I hope this can help in your situation.
Please post your exp after you reach back to US

Regarding going by car only “Vault” or tt tt can help you they have experience going by car

Good Luck!!
 
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