Extend 6 month visitor stay?

Hello anyone who can help. I am Canadian and have been in New York as a "visitor" for close to 6 months, and I've been told that if I go back to Canada that I may not be allowed to re-enter ...

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Canadian Expatriate and Travellers Forum Index -> Canadians in the USA -> US Visas and Immigration

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Steven
CanuckAbroad VIP

Joined: 28 Sep 2007
Posts: 1637
Location: Calgary

Posted: Tue Jun 10, 2008 10:06 am

Depends on the specific law and what the purpose is, they can share things like manifests under the various anti-terrorism laws so they will at least have your name and the date you entered the US on both sides of the border. Date you came back to Canada though going through a land border? Hmm, I don't think they do. Not yet anyway. But from what I've read about the WHTI I think they will start keeping track next year.

The Border Patrol have access to the USCIS entry records too, so if you get caught in a spotcheck in the US (which can happen e.g. on ferries near the border or roads near the border) they will know how long you have been in the country.
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Steve.

Vancouver to NYC
New Member

Joined: 05 Jun 2008
Posts: 9
Location: Vancouver

Posted: Wed Jun 11, 2008 5:42 am

In regards to the US having record of when Canadians re-enter Canada and vice versa via land crossing, what about when we re-enter at the airport? For example, when I fly back into Canada I don't believe that I go through US authorities that stamp or scan my passport and make record that I am leaving the US and entering Canada, therefore, when I re-enter the US, would they even know how long I was there the last time?

I'm just really worried about over staying my 6-month visitor allowance, and I would really like to stay 2 additional weeks to complete my paperwork. Therefore, I am wondering if it's feasible to think that if I fly back 2 weeks late, then re-enter with my TN application, that they won't even know that I overstayed 2 extra weeks because they wouldn't even have record of when I left - is this correct?.

Steven
CanuckAbroad VIP

Joined: 28 Sep 2007
Posts: 1637
Location: Calgary

Posted: Wed Jun 11, 2008 9:11 am

Yeah, but (a) they have a copy of the flight manifest so they know you left (if they go to the bother of checking) and (b) CBSA has a record of your entering Canada. Supposedly. And they're supposed to be sharing this information under WHTI but I'm not sure how far they've gotten with it yet.

I know for a fact CBSA doesn't currently have a record of when you left Canada because I got sent to secondary inspection once when I flew to Calgary and they showed me the computer screen and they had zero information, so USCIS apparently doesn't share their entry information with CBSA at the moment.

If you want to get really worried read this: http://www.boingboing.net/2007/12/16/icelandic-tourist-to.html

All because she overstayed B-2 status ten years ago.
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Steve.