Canadian Citizen In The USA for 5 months?

Hey i just registered to this board, and ive been browsing and there is alot of useful information. I have a three questions 1) Is there any way a US immigration officer can tell how long you've...

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Canadians in the USA

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Snowman83
New Member

Joined: 14 Sep 2008
Posts: 4
Location: Toronto

Posted: Sun Sep 14, 2008 4:54 pm

Hey i just registered to this board, and ive been browsing and there is alot of useful information.

I have a three questions

1) Is there any way a US immigration officer can tell how long you've been in the USA when crossing the border when flying?

2)I read that you can stay 180 days in the USA in a 12 months span, but can they really tell how long you've been in the USA for?

3)If i spent 5 months in the USA, and went back to Canada for a week, would they be able to deny me entry back in the USA?

Thanks and sorry for all the questions.

Reba
Moderator

Canuck in NC

Joined: 16 Jul 2004
Posts: 1449
Location: North Carolina

Posted: Mon Sep 15, 2008 3:15 am

1) Is there any way a US immigration officer can tell how long you've been in the USA when crossing the border when flying?

Yes, when you go thru customs/immigration at the airport, they scan your passport and that info in stored in their computer for about 75 years

2)I read that you can stay 180 days in the USA in a 12 months span, but can they really tell how long you've been in the USA for?

see above answer.

3)If i spent 5 months in the USA, and went back to Canada for a week, would they be able to deny me entry back in the USA?

yes they can deny your entry, even if you'd only been there for 2 weeks previously. They can deny you entry for no reason at all if they feel like it
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Steven
CanuckAbroad VIP

Joined: 28 Sep 2007
Posts: 1582
Location: Calgary

Posted: Mon Sep 15, 2008 10:13 am

Snowman83 wrote: 1) Is there any way a US immigration officer can tell how long you've been in the USA when crossing the border when flying?

Well they know when you entered, and the airline manifest shows when you left, but it would require some investigation to show that up of course. Starting next month they are instituting RFID checks at POEs, but that won't matter much until you renew your passport and get one with the RFID chip in it. Not sure if they're going to do some sort of secondary check on people with old passports.

Quote: 2)I read that you can stay 180 days in the USA in a 12 months span, but can they really tell how long you've been in the USA for?

All the CBP ads on the TV are about the technology they're currently implementing to do just that.

Quote: 3)If i spent 5 months in the USA, and went back to Canada for a week, would they be able to deny me entry back in the USA?

They can deny you at any point if they don't like your answers.
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Steve.

Snowman83
New Member

Joined: 14 Sep 2008
Posts: 4
Location: Toronto

Posted: Mon Sep 15, 2008 8:31 pm

Hmmm this is some interesting news.
So pretty much they can deny you if they are in a bad mood?

Steven
CanuckAbroad VIP

Joined: 28 Sep 2007
Posts: 1582
Location: Calgary

Posted: Mon Sep 15, 2008 9:11 pm

Absolutely.
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Steve.

Snowman83
New Member

Joined: 14 Sep 2008
Posts: 4
Location: Toronto

Posted: Tue Sep 16, 2008 5:39 am

There is also a chance they will let you back in if you spent more then 180 days within a 12 month period im assuming?

So its pretty much if you want to live your life on chance.

Steven
CanuckAbroad VIP

Joined: 28 Sep 2007
Posts: 1582
Location: Calgary

Posted: Tue Sep 16, 2008 9:22 am

Basically. If you phone up a POE and ask them what the maximum amount of time they'll let you stay is, they'll say "six months". However there are statutory exemptions to that limit, for example if you are co-habiting with a visa holder (e.g. H-1B) or if you are receiving medical treatment.

In addition there was a court case involving some guy from Québec (who clearly was some guy who got REALLY narked off with USCIS) that said he couldn't be refused re-entry merely for overstaying B-2 status. Usually there is a formula they use for calculating your ban based on how long you overstayed, but it doesn't apply to Canadian citizens in B status.

So if they can't ban you from entry, the "six month" rule becomes essentially a rule of thumb rather than something etched in stone, but given the current mindset of USCIS, I have no doubt if you told them you'd stayed for ten months last year when they asked they'd turn you away, in which case it's time to hire a lawyer. Or they might get really snotty and try to formally ban you from entry - something that has no legal basis in this situation although people clearly do get banned.

That's the time to say: "I'm not signing this paperwork, I want a lawyer." Because presumably a lawyer will walk in and tell them they're talking crap and point out the caselaw to them.

You hope.
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Steve.

Snowman83
New Member

Joined: 14 Sep 2008
Posts: 4
Location: Toronto