In US as Visitor for 165 days: Potential Re-Entering Issues?

Hi Everyone,

I just joined this website and I had a quick question.

I stopped working in the US in January (I was previously on a H1-B Visa) and traveled to Asia, and re-entered the US as a visitor to wrap up some things. I told the immigration officer that I would be here for around 5 months. I've been in the US for 165 days as a tourist/visitor now, and I have a ticket to leave the US on July 28, 2010 (as well as some friends that I plan on visiting). So with the 180 day maximum stay for Canadian visitors, I would be overstaying if I did not leave the US and re-enter.

Can I simply go to any border and re-enter the US to reset my 180 day count? Or since I am re-entering on the same day, would they have a reason to reject my re-entry?

(I know I could provide more detail on my situation but I just want to keep the post as short as possible)

Thanks in advance for any advice/tips!

You were lucky to be allowed in this time, since it would appear tha tyou have no established residence outside US, and were thus technically ineligible to enter as a tourist. If you leave now, you face more scrutiny, especially sicne you wil be coming thru a Cdn entry point.

So, unless you plan to leave US now, establish residncy and then come back, I would not bother leaving at this point.

By the way, there is no "180 day maximum stay for Cdns". What Cdns do have is the ability to enter US undocumented for upto 180 days, if the CBP officer and you negociate such a length. A CBP officer can limit your stay to as short as he wishes, by issuing you an I-94. Once issued, you MUST leave by that date, or you are liable for penalties assoctaied with overstay.

Hi Agnelson,

Thanks for the quick response. So you're saying I should simply stay till I leave on July 28, and that staying over the 180 days will have no repercussions? (Whether it's getting a job for a TN visa, or entering as a visitor again, etc.)

Also, so does that mean that Canadians do not have a stay limit unless a I-94 is issued?

Thanks.

If you stay more than 183 days, you have indeed overstayed, and could be subject to harassment when you next try to cross. My point is that, unless you establish Cdn residency, you will not be allowed in next time anyways, so take your pick. If you go back now -- without overstaying -- I doubt that you would be let back in in July

There is a difference between overstay, and illegal presence, however. If you have no I-94 (or other order to leave), you can only overstay, there can be no accumulation of illegal days toward a statutory bar (3 years after 183 illegal days, 10 years after 365 illegal days).

You haven't done yourself any favours by staying this long, when you shoudl have established Cdn residency by now. Who knows what was written on your file when you last entered?

Hi everyone, I'm the new guy here

I tried to start a new thread regarding this, but the website wouldn't allow it (d'oh)

My family and I have green cards that were issued in August 2009, and we were supposed to move to the united states within a year. We've been unsuccessful in finding jobs in the US, and we are still working in Canada. We crossed into the US in August 2010 and were warned by the border guard that we were supposed to move before the end of August.

We are planning on filing form I-131 soon to get an extension on the allowable time that we have to move to the US (but they are $380 per person and there are 4 of us!!)

Here's the problem: there is a conference in November 2010 that I would like to attend in Las Vegas. Does anyone have any suggestions how I can cross the border without having my green card taken away?

Thanks for any help!

Hi everyone, I'm the new guy here

I tried to start a new thread regarding this, but the website wouldn't allow it (d'oh)

My family and I have green cards that were issued in August 2009, and we were supposed to move to the united states within a year. We've been unsuccessful in finding jobs in the US, and we are still working in Canada. We crossed into the US in August 2010 and were warned by the border guard that we were supposed to move before the end of August.

We are planning on filing form I-131 soon to get an extension on the allowable time that we have to move to the US (but they are $380 per person and there are 4 of us!!)

Here's the problem: there is a conference in November 2010 that I would like to attend in Las Vegas. Does anyone have any suggestions how I can cross the border without having my green card taken away?

Thanks for any help!

HI,

Your situation is a bit complicated, but you should have a good chance to cross the border for your conference in November this year. What you need to do is to present yourself clearly and convincingly to a CBP officer with respect to your immigration history and the purpose of your visit this time.

At Niren and Associates, we handle many similar cases each year, and can provide you with the right entry package for your U.S. visit. If you think you need personalized professional help, please give us a call at 1-866-929-0991.

Michael Niren