question regarding canadians

S

sunshines

Registered Users (C)
Sorry for making this long, but please read this msg and give me your opinion.

I understand that canadians are allowed to stay for 6 months in US. But, when one of my friend who is doing clinical rotations in US, requested IO at the border for a B1 visa. The IO him that since he's a Canadian citizen; he doesn't need B1 to do clinicals in US. The IO stamped his passport with a N/C. (btw, what does N/C stands for)

So my friend came to US, started his clinicals and later made an infopass at the USCIS office to confirm as he didn't want to overstay his status. He paper from school and hospital showed 8 months of rotation, but as a Canadian without a B1 visa, he was under the impression that he could stay only 6 months. Anyway, the USCIS officer re-confirmed the same thing and told him that as long as he is not getting paid and he has the paperwork for rotation, he can stay till the completion of his rotation.

My friend is still concerned that he is being misinformed. Do you guys think what he's being told is true? I hope he doesn't overstay his status.

I just want to know when do you get penalized and considered illegal. What if he stays for 8 months till completion of his rotation? Would he get a 3 or 10 year bar? or considered out-of-status because currently, he has no status as a canadian. He's not on B1, B2 or any other visa. His passport is just stamped N/C.

Please help us out guys. I have read some very insightful posting here from senior members. I hope they can reflect on this issue.
 
Last edited by a moderator:
Non-Controlled

sunshines said:
The IO stamped his passport with a N/C. (btw, what does N/C stands for)
Click to expand...

Absense of an I-94 means a default entry granted for 6 months.

sunshines said:
My friend is still concerned that he is being misinformed. Do you guys think what he's being told is true? I hope he doesn't overstay his status.
Click to expand...

With Canadians in the US without an I-94, an overstay starts after an ICE/CBP official meets the Canadian and makes a record on his presence in the US. Ideally your friend should stay for only 6 months, exit and then re-enter the US.

sunshines said:
What if he stays for 8 months till completion of his rotation? Would he get a 3 or 10 year bar? or considered out-of-status because currently, he has no status as a canadian.
Click to expand...
 
Triple Citizen said:
Non-Controlled



Absense of an I-94 means a default entry granted for 6 months.



With Canadians in the US without an I-94, an overstay starts after an ICE/CBP official meets the Canadian and makes a record on his presence in the US. Ideally your friend should stay for only 6 months, exit and then re-enter the US.
Click to expand...

Thanks Triple Citizen (wow, 3 different passport. CONGRATSss) :)

Can you please clarify something. I am totally naive in this immigration stuff. I really appreciate your response though.

1) What is non-controlled means? I mean I know what it means in english, but what does it mean in terms of immigration
2) No explanation needed :)
3) No explanation needed, I suggested him to do the same. But, today he told me that he already did that. He left and entered US again without any problem. Nothing showed up as an overstay. I guess the previous IO was correct. He was allowed to stay till end of his rotation.

Thanks again.
P.S. Last night after posting here, I was reading some website and it said that if you overstay and then leave US & then re-enter with a valid status, then the previous overstay is dis-regarded since now you're in a legal status? I would think the previous overstay would stay in the system, but it's dis-regarded...is this true?
 
A1: N/C basically means what it sounds. I have seen it issued to Canadian only. Since Canadians do not get I-94s most of the time.

What you read is not true. An ex-overstayer may get lucky on his next visit to the US, but subsequent entries may not be that lucky :)

sunshines said:
if you overstay and then leave US & then re-enter with a valid status, then the previous overstay is dis-regarded since now you're in a legal status? I would think the previous overstay would stay in the system, but it's dis-regarded...is this true?
Click to expand...
 
Ok so the question is for myself now. Your answer made me think about my own situation.

I am a Canadian as well and I have crossed Fort Erie and Niagara border many times when the Canadian side just verbally asks for my citizenship and when he/she hears Canadian, they just let me by without even checking my passport. With your answer in mind, the onus is on the non-immigrant to prove that they left US before the end of 6 month period. I have never over-stayed, but when I have crossed the border, I have no proof that I left in time. Especially, when the canadian immigration officer never scanned my passport.

I mean this is just a hypothetical question because I have crossed (air as well as road/land) borders numerous times and i have never had a problem....so I am assuming that my record is clean. I have been through secondary inspections several times for various reasons, but they have never questioned or pointed it out to me that I have ever overstayed. I have never been denied entry into US.

So anyways, my question is how can a Canadian like myself, make sure that they don't have any bad record with immigration or prove to immigration that they have left in time.

Any suggestions. This is different chain of events....i was here to ask about somebody else and now i am worried about my own situation. I am a worrier :( (lol).
 
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