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On U.S. tourist Visa entering Canada, then coming back - Immigration

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  • On U.S. tourist Visa entering Canada, then coming back - Immigration

    I will be coming to US on a B1/B2 visa and thinking of a long trip lasting 5 months.
    Now, after a a couple of month in USA i am planning to go to Canada for a month, then come back to USA via land border and countinue my remaining months of stay.

    Query: While returning back to USA will i again have to face questions of immigration personal ? OR i just my arrival stamp on passport which will be having my 6months stay validity on it, and i pass normally ?

    What could go wrong here ? (I am worried coz i knw its a very long trip for a traveller)

  • #2
    Originally posted by craige View Post
    While returning back to USA will i again have to face questions of immigration personal ?
    Yes.
    Originally posted by craige View Post
    OR i just my arrival stamp on passport which will be having my 6months stay validity on it, and i pass normally ?
    Its tricky, people usually do that to renew their 6 month stay, hence lot of them CBP officer will double question such traveler to ensure that he is not misusing the visa. Most probably you'll get the same validity dates as earlier & will be allowed to enter USA.
    Originally posted by craige View Post
    What could go wrong here ? (I am worried coz i knw its a very long trip for a traveller)
    Certainly its a long trip, depends on the officer, he can cancel your visa for future trip or you'll be questioned on your next visit.
    - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

    If my opinion helping you, then please do click "like" button below.

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    • #3
      Originally posted by Libra_14 View Post

      Its tricky, people usually do that to renew their 6 month stay, hence lot of them CBP officer will double question such traveler to ensure that he is not misusing the visa. Most probably you'll get the same validity dates as earlier & will be allowed to enter USA.

      Certainly its a long trip, depends on the officer, he can cancel your visa for future trip or you'll be questioned on your next visit.
      Well, i read tht ppl do and can visit canada/mexico for upto 30days and after return can coutinue U.S. journey as normal and tht days will be counted in 6months validity of the i94 given.

      Now, in my case why would a border officer will think its a border run ?
      Also, cancel my visa !!!? - Even though i have proper i94 issued from airport at time of landing, he can do that ?

      Cant i just walk straight in by flashing my i94 without questions ?

      I dont wana mess this up

      Comment


      • #4
        Originally posted by craige View Post
        Well, i read tht ppl do and can visit canada/mexico for upto 30days and after return can coutinue U.S. journey as normal and tht days will be counted in 6months validity of the i94 given.
        That's correct.
        Originally posted by craige View Post
        Now, in my case why would a border officer will think its a border run ?
        I didn't meant border run, by misusing I meant "trying to overstay".

        For example, If you stay in USA for 4 months & then exit to Canada/Mexico for couple of weeks & returning to USA, expecting you'll get another 6 months of stay.

        I also mentioned "Most probably you'll get the same validity dates as earlier & will be allowed to enter USA."
        Originally posted by craige View Post
        Also, cancel my visa !!!? - Even though i have proper i94 issued from airport at time of landing, he can do that ?
        An I94 is valid only when you are staying inside USA, as soon as you leave USA, that I94 is gone. Each entry is treated as a separate entry.
        Originally posted by craige View Post
        Cant i just walk straight in by flashing my i94 without questions ?
        I94 is an electronic document now a days, you can take a printout of it, but it will have no value. What all they believe is, what is stored in their own system.
        - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

        If my opinion helping you, then please do click "like" button below.

        Comment


        • #5
          Originally posted by Libra_14 View Post
          An I94 is valid only when you are staying inside USA, as soon as you leave USA, that I94 is gone. Each entry is treated as a separate entry.
          Oh! This is Serious now.
          If i am in U.S. then enter canada for 25 days and then again enter U.S. - Its considered fresh entry ? This way a new i94 will be generated for the remaining days as per original i94 issued at 1st entry at airport.
          BUT THEN, you are right the officer may even deny entry coz old i94 menas no value to them...

          Super confused

          Comment


          • #6
            Originally posted by craige View Post
            If i am in U.S. then enter canada for 25 days and then again enter U.S. - Its considered fresh entry ?
            That's correct.
            Originally posted by craige View Post
            This way a new i94 will be generated for the remaining days as per original i94 issued at 1st entry at airport.
            But then, on the positive side, the VO can still give you a new I94 for your remaining period (i.e. same expiry date as earlier), if you can convince him.
            - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

            If my opinion helping you, then please do click "like" button below.

            Comment


            • #7
              Originally posted by Libra_14 View Post
              That's correct.

              But then, on the positive side, the VO can still give you a new I94 for your remaining period (i.e. same expiry date as earlier), if you can convince him.
              Ok so i understand no matter what i have to convince them ! - Will it be considered 2nd entry into the US ?

              On the other thought:, if i just cross niagara border to canada and retun back same day like thousands of tourist do, do i still need to convince and all ?

              Comment


              • #8
                Originally posted by craige View Post
                I will be coming to US on a B1/B2 .......

                What could go wrong here ? (I am worried coz i knw its a very long trip for a traveller)
                Mate,

                Im in deeper soup but ill give you a trip we did in 2016 and had no issues, May 18, 2016 landed JFK, Departed to Toronto in July 30 2016, back JFK August 6, Left to London on 3 September back to JFK on 15 September and JFK to BOM 21 September , had no issues at all, in fact the stamp after LHR was 6 months.

                Hope this helps,

                Comment


                • #9
                  Originally posted by Helpneed View Post

                  Mate,

                  Im in deeper soup but ill give you a trip we did in 2016 and had no issues, May 18, 2016 landed JFK, Departed to Toronto in July 30 2016, back JFK August 6, Left to London on 3 September back to JFK on 15 September and JFK to BOM 21 September , had no issues at all, in fact the stamp after LHR was 6 months.

                  Hope this helps,
                  K great and the same i94 tht was given when u first landed into U.S. remained valid & accepted OR they issued a new i94 ?

                  Also, while returning from canada do they understood u took a small side trip and havent asked the same grilling question as if you are entering for the first time ? (Need more details of your return immigation back to US)

                  Comment


                  • #10
                    Originally posted by craige View Post

                    K great and the same i94 tht was given when u first landed into U.S. remained valid & accepted OR they issued a new i94 ?

                    Also, while returning from canada do they understood u took a small side trip and havent asked the same grilling question as if you are entering for the first time ? (Need more details of your return immigation back to US)
                    In my experience. on re entry immigration officer asks you how long you intend to stay in the USA. If answer is less than remaining validity of the existing i94 stamp he doesn't stamp fresh and old I94 stays. Incase your stay is for longer period and i94 expires sooner he will stamp fresh. This is my experience rest someone can deliberate.

                    Comment


                    • #11
                      Originally posted by akw9 View Post

                      In my experience. on re entry immigration officer asks you how long you intend to stay in the USA. If answer is less than remaining validity of the existing i94 stamp he doesn't stamp fresh and old I94 stays. Incase your stay is for longer period and i94 expires sooner he will stamp fresh. This is my experience rest someone can deliberate.
                      You are Bang on my query

                      Also, i heard i94 is digital now, so how can i know the validity of the i94 if i want to see myself.
                      Some says no date on airport stamp means 6 months entry granted and some says date will be mentioned "till date" in airport stamp.

                      Comment


                      • #12
                        I will be coming to the US on a B1/B2 visa and thinking of a long trip lasting 5 months.
                        Now, after a couple of months in the USA I am planning to go to Canada for a month, then come back to the USA via a land border and continue my remaining months of stay.

                        Query: While returning back to the USA will I again have to face questions of immigration personal? OR I just my arrival stamp on the passport which will be having my 6months stay valid on it, and I pass normally?

                        What could go wrong here? (I am worried coz I know its a very long trip for a traveler)
                        If you plan to visit the United States, then you most certainly need to apply for a visa. That is, of course, if you are not visa-exempt or your country of origin is in the US Visa Waiver Program. The most commonly issued visa to travelers is the B1/B2 visa, the Visitor Visa
                        Last edited by Sprenger53; 03-03-2020, 03:49 AM.

                        Comment


                        • #13
                          My case is similar..
                          Hi guys,
                          i am italian and I will go to USA using the visa waiver program that give me up to 90 days without needing to apply a visa..
                          i'll go out at the 89th day, I want to use the entire period that they allow me..
                          ​​​​​​I actually am going to stay in USA more than 90 days because of improving my English. My purpose is practicing English and not working or to stay there.. I wonder what it will be happen if I enter again in USA after a week using the same visa waiver program? The CBP officer will renovate my visa for more 90 days?
                          About the return ticket, the CBP officer will accept a simple email booking?

                          yes because in reality this reservation would not be a true ticket issued because I would like to make the exit ticket a few days before leaving the USA, also to take advantage of the offers of the moment.

                          Comment


                          • #14
                            Originally posted by Vientos View Post
                            My case is similar..
                            Hi guys,
                            i am italian and I will go to USA using the visa waiver program that give me up to 90 days without needing to apply a visa..
                            i'll go out at the 89th day, I want to use the entire period that they allow me..
                            ​​​​​​I actually am going to stay in USA more than 90 days because of improving my English. My purpose is practicing English and not working or to stay there.. I wonder what it will be happen if I enter again in USA after a week using the same visa waiver program? The CBP officer will renovate my visa for more 90 days?
                            About the return ticket, the CBP officer will accept a simple email booking?

                            yes because in reality this reservation would not be a true ticket issued because I would like to make the exit ticket a few days before leaving the USA, also to take advantage of the offers of the moment.
                            This is the kind of situations that triggers the CBP officers as it clearly shows them your intent to cross the border and come back to get a fresh validity.They would definitely think you did it on purpose to renew your stay and your intentions are to work in the US, or you might be currently working illegally.
                            But again, it all depends on officer to officer if you get lucky.

                            Comment


                            • #15
                              Originally posted by Sahil728 View Post

                              This is the kind of situations that triggers the CBP officers as it clearly shows them your intent to cross the border and come back to get a fresh validity.They would definitely think you did it on purpose to renew your stay and your intentions are to work in the US, or you might be currently working illegally.
                              But again, it all depends on officer to officer if you get lucky.
                              This thing It's a normal procedure that everyone follows in all the countries of the World to renovate visa and to stay legally in the country ... I know there are many illegal people in usa, but my purpose Is learning english.. i know i have to apply for a longer duration Visa but i find very expensive american visas and the worst Is that they don't come back the Money in case your Visa request Will not be accepted!!!!!
                              Last edited by Vientos; 03-07-2020, 11:24 PM.

                              Comment

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