Canadian Citizen Looking for Help

Hello,

I am a Canadian citizen currently living in Toronto, Canada. (Permanent Resident). I’m 23 years of age, self employed working professional.

As of August 2009 until May 2010 I am looking to take a certificate program and a bunch of seminars at Arizona State University. The program consists of 4-5 courses which spans over from August 2009 until May 2010. This is not a full time degree program but simply part time seminars and classes. I do not qualify for a student VISA.

I would be leaving for Arizona on August 15th 2009 and returning Dec 7th 2009. (Christmas) This would leave my first stay for just under 5 months.

I would then have to return to the USA on Jan 15th 2010 until May 20th 2010. (Just over a 5 month stay)

Now, I’ve read up on the B1 status and I know you can technically stay in the USA for a 6month time period in a calendar year. I figure I should have no problem for the first time period however I’m quite concerned about when I have to re-enter in Jan.

I’ve consulted an immigration lawyer and they’ve insisted that it’s a 50/50 chance for re-entry and in a worse case scenario I may be barred from the USA for a 5 year time period due to my age and reasoning. (I think that may be a little harsh and feel he is trying to up sell me on a work visa since I own my own business).

I do not intend to work while I am in the USA in any way. I can also show bank statements showing I am able to support myself during this time period as well as bills/receipts and documentation showing my permanent residency. I should also note I will be living with a friend who does have a student visa since he is finishing up the last year of his degree program.

Out of anyone’s experience would I have trouble re-entering in Jan for another 5 months? I know it's entirely up to the office but I figure if I am prepared with all the above info I might have a better shot?

Thanks!

Are you a citizen or a permanent resident of Canada? Your first comments are confusing. You're either one or the other.

And yes, you may well have difficulty re-entering in January, or you may not. There is no way anyone here, or even a lawyer for that matter can give you a firm answer on that.

If you have evidence of your temporary studies in the US, and evidence of employment and abode in Canada, they might let you in. Or they might not.

Bannishment for a certain period of time is another unknown. Generally speaking, you wouldn't be banned for 5 years just for trying to go back for another extended visit, you'd only be barred from re-entering until such time as they felt necessary. Bannishments of years in duration are usually only given to those who have stayed in the country illegally for a period of several years. Usually. I suppose if you got a CBP officer on a bad day, they could ban you for life, but it is not likely.

Since you are taking course with an university, it is a good idea to take university ISO- international student organization on what are the precautions needed if the course does not offer student visa.

ISO advise may be better than immigration attorney since they would handled more such cases.

You can't be banned merely for overstaying and if the CBP officer tries to ban you, refuse to sign the paperwork. Several people have been on here saying they got bans, caselaw is that Canadian citizens cannot be banned merely for overstaying in B status (they can deny you entry, but not formally ban you). If you work, that's a different matter.

If you're staying 5 months in one year and 5 months the next with a month inbetween, there's nothing illegal about that, but it may raise the eyebrows of the CBP officer. Have proof of "non-immigrant intent", B visitors must have residential ties to Canada, i.e. proof of an abode they intend to return to, so have some proof of that.