Can I drive my car with belongings while waiting for L1B.

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TrilliumJunior Member
Topic author
Posts: 13
Joined: 6 Jul 2008
Location: Toronto- Sacramento

Can I drive my car with belongings while waiting for L1B.

Post Sun Jul 06, 2008 11:12 am

Help me ASAP!
I was going to drive to US and to fill up to the roof my car with my stuff, leave it in US. (I've sold furniture and don't have that much to ship it), and fly back to Toronto to take my family, and I was sure I'll have visa (L1B)in my hands. But 2 days ago I was told that they requested additional docs and obviously its a delay.
If I'll go now without visa as Canadian tourist and I won't tell at the border that I'm actually moving my car and stuff, is there any underwater stones? I already sold my property and have a closing day July,23. Can we fly with family to US (I've been there last month and rented a house for us) without visas, just as on vacation. My wife is supposed to have L2 visa, does she has to re-enter border to active L2 visa if she will fly now without visa and will leave there.
I booked all air tickets in advance and now with a visa delay I'm kind of puzzled and of course afraid to make mistake. I can fly instead of driving car with 6 bags of my stuff and the question at the custom will be the same : what is the purpose of your trip (will they have in their database that I waiting for L1B visa ?) and what is in your 6 bags. Anyway I have to be in US next week to finish renting a house process, to take a keys. warn me please about possible problems it can cause.

I really appreciated any advices and opinions. Thank you!
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RebaModerator
Posts: 2561
Joined: 16 Jul 2004
Location: North Carolina

Post Mon Jul 07, 2008 5:55 am

If you show up at the border with all your belongings, chances are they will deny you entry and turn you around back to Canada.

If your wife goes to the US before she gets her visa, yes, she will have to return to a POE in order to "activate" it.
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TrilliumJunior Member
Topic author
Posts: 13
Joined: 6 Jul 2008
Location: Toronto- Sacramento

Post Mon Jul 07, 2008 11:34 am

thank you Reba,
sounds sad,
Now I'm not sure about my car trip before I'll obtain visa.
Seemed like we won't have a guts to go with kids, cats . without visas.
How about kids? Do you or somebody know: will kids be registered somehow at the POE too?
I know in Canada foreigners and their kids with im.visas obtain PR card at POE.

ANother Q:
there is no direct flight to Sacramento so our route is Toronto - Chicago - Sacramento - does it mean that all this "landing" process (activating visas.) will happen in Chicago? How long time it could take? Logically Chicago will be our POE.or Sacramento?
We have a baby and reserved flights with possible little time gap in Chicago - about 1-2 hours between flights - will it be enough?
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kelapstickCanuckAbroad Regular
Posts: 64
Topics: 1
Joined: 14 Apr 2008
Location: Perth, WA

Post Mon Jul 07, 2008 1:36 pm

Correct me if I am wrong, but I think your POE will be at Pearson Airport in Toronto, as you go through customs at the Terminal. At least the last time I flew to the US the only time I spoke with a border guard was in Toronto.
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kevinlgCanuckAbroad Regular
Posts: 61
Joined: 4 Dec 2007

Post Mon Jul 07, 2008 1:42 pm

If you are flying to US from Toronto ( your flight destination is US), you will pass through the Pearson Preclearance.
Once you pass the gate, you are technically in the US, although physically in Canada.

That means if you make it through the gate, you should not worry about immigration issue until your visa expires.

Sit tight and wait to board
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RebaModerator
Posts: 2561
Joined: 16 Jul 2004
Location: North Carolina

Post Tue Jul 08, 2008 6:30 am

Yeap, most (if not all now) of the Canadian international airports with flights to the US have US customs and immigration pre-clearance right there, so your POE is actually the Canadian airport, not your destination or first stop in the US.
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TrilliumJunior Member
Topic author
Posts: 13
Joined: 6 Jul 2008
Location: Toronto- Sacramento

Post Tue Jul 08, 2008 10:59 am

Ya, you right about POE, it has to be Pearson, when I fly from Toronto.
Its good, it means our transit in Chicago doesn't has to be painful.

Today I've got bad news they said - Most Likely visa won't be ready until 22 July (its my closing day and date of our flight to US).
But the strange thing they pronounced today You can fly whenever you want , just say that reason is personal. Are they kidding? Or if I'll pretend I'm going on vacation (with 2 kids, cat in kennel, a lot of baggage)- they don't have a right to stop me and it won't affect L1B consideration.
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StevenCanuckAbroad VIP
Posts: 3635
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Post Wed Jul 09, 2008 11:49 am

You can enter the US with any amount of personal belongings, the only real difference is the categorisation, i.e. permanent import or temporary, and whether you're a visitor or on L-1B it's the same category. That's a CBP issue.

Your problem is the USCIS issue, i.e. immigration category, they will ask why you are entering. I suppose if you said "vacation home" you might get away with it, but I'm not particularly clear on why you are going the visa route for L-1B and L-2. If you are a Canadian citizen you can apply with the supporting paperwork at the POE, so if you have the supporting paperwork, why not do it that way?
Steve.
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TrilliumJunior Member
Topic author
Posts: 13
Joined: 6 Jul 2008
Location: Toronto- Sacramento

Post Thu Jul 10, 2008 11:31 am

Steven, I might have not expressed my concern clearly. The thing is that I have my flight booked on the date when most likely, according to my employer, L1 won't be ready yet. So the question is if I try to cross the border with all my family, cat & tons of luggage wouldn't that be obvious to CBP officer that I'm entering not for vacation but to stay even if I claim otherwise? Would he have a right to deny entry based on the fact that L1 is still under consideration and I'm trying to take up residency in U.S. in advance? And what could be the consequences of this if any? And what do you mean by the term 'visa route'?
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StevenCanuckAbroad VIP
Posts: 3635
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Post Thu Jul 10, 2008 11:52 am

Well it sounds as though they've applied for a visa. You don't need a visa for L-1B (if you're a Canadian citizen), you can apply for L-1B at the POE. If they've applied for a visa presumably they can easily supply you all the supporting documentation. So perhaps they should withdraw the application, give you the paperwork and you just apply at the POE. Then the application is processed while you are in the US.

The only downside is that you'll be sat around at the border for awhile, although with all that stuff you'll be sat there awhile anyway doing the paperwork for your car.

It's either that or you have to wait for the visa to show up because it doesn't sound to me as though USCIS will buy the "going on vacation" story if you're taking your cat!
Steve.
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