Canadian given I-94 and C-1 stamp in passport

LGR
New Member



Joined: 03 Dec 2007
Posts: 2
Location: USA

Posted: Mon Dec 03, 2007 9:32 am

 

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Hi all,
I'm a US permanent resident and my wife's Canadian. This year my wife spent about 5 months altogether in the US but never stayed for more than 2.5 months at a time. First she stayed for 1 month and we left for a 3 week vacation to Europe, then she stayed in the US for 2.5 months and left for Canada for a week. Then again she came back to the US, stayed for 1.5 months and then went to the Caribbean for a week. On the way back she was asked to go through a secondary customs clearing where she was given an I-94 and the customs officer stamped C-1 visa category in her passport. It doesn't make much sense to me and I think the officer didn't really know how to handle it. His stance was that she was a de-facto resident because she had spent too much time in the US. He told her to go back to Canada and not visit the US for a while.
Now we are going to Europe again for Christmas. We had bought our tickets before that mishap with the US customs and we are supposed to fly out of the US. My wife's in Canada now and will need to transit through the US (we haven't been able to change the ticket to avoid flying thru US).
My question is: can we expect any trouble with her clearing customs in Toronto? Is it likely that they will deny her entry because of this I-94 and C-1. Again, she didn't overstay any single time. Has she been flagged in any way in the customs computer system? Hope the US customs won't ruin our Christmas.
Any advice will be appreciated.

Thanks,

LG

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1306
Location: North Carolina

Posted: Tue Dec 04, 2007 4:09 am

 

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Yep, they know all about her now, and she'll be grilled every time she tries to enter the US. She may or may not be denied entry for this particular transit trip . She will definitely need to establish firm ties in Canada, such as have a letter from an employer stating she is on approved vacation leave, and expected to return to work on a specific date. She will need to show evidence of residence in Canada, like a copy of a mortgage agreement, or home lease, current utility bills etc etc.

Once they've flagged her as suspected de-facto US resident, there's not a whole lot she can do, other than apply for visa to legally reside in the US with you.

Or you may just want to change her flight so that she can fly directly from Canada to your destination. An airline will not refund her ticket if she is denied entry to the US.
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LGR
New Member



Joined: 03 Dec 2007
Posts: 2
Location: USA

Posted: Tue Dec 04, 2007 7:18 am

 

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Thanks Reba. I don't think that the US customs will think my wife is trying to sneak back to the US. As a matter of fact she says that she doesn't want to move down here anymore and wants me to move to Canada instead. Besides that she's back to work, moving to a new apartment so we should have some documentation.
However if for some reason they decided to refuse her entry, would it make her inadmissible for the next 3 or so years? Or since it's a preflight clearance they would just ask her to turn back and go home?

We are not sure if she was flagged as a suspected de-facto resident but probably yes. The guy just said that she was practically living in the US and that she had no right to do so. He also said that she shouldn't come back to the US for a while. I'm not sure if that was advice or more of a threat.
However by asking her to fill out an I-94 and stamping C-1 category in her passport he was, in my opinion, acting not in line with the US immigration law. Canadians don't need I-94s unless they are entering on a visa and transit visas are unheard of. I don't think any customs officer has the authority to issue a visa at the POE and if the law says Canadians enter or transit just on their passports then that's it. Flagging someone as a potential risk is one thing, making up a new law is another.

Thanks,

LG

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1306
Location: North Carolina

Posted: Thu Dec 06, 2007 4:13 am

 

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Unfortunately, it really is up to the whim of the CBP officer she happens to come across. They could make her life miserable from now on, or they may just wave her through. There's no way for any of us here to speculate what might happen.
_________________
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Are you in the US or Canada? Want to make some extra money? Check out My Watkins website for some awesom products and business opportunity.

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