NEED HELP!

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delmar ladyNew Member
Topic author
Posts: 2
Joined: 3 Aug 2009

NEED HELP!

Post Mon Aug 03, 2009 11:30 pm

hello
ok soo i have been in the us (not working) since jan 1st i went back to canada for a week in may and then returned to the us and i am still here aug 3rd.
i know you can only stay 6 months but i had thought since i went home for a week it restarts my time in the us..... is this ture??

thanks so much!
also when i was going though customs coming back into the u.s the guy wrote down the date i was planning on returning to Canada in my passport which was a month latter my plans changed and i am still here am i gonna get in shit for not going back by that date?
thanks again
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Reba

Re: NEED HELP!

Post Tue Aug 04, 2009 5:04 am

If he actually wrote it into your passport, yes, you could get yourself into some difficulties now for overstaying.

Why are you in the US? Romantic partner here?
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StevenCanuckAbroad VIP
Posts: 3637
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Re: NEED HELP!

Post Tue Aug 04, 2009 10:24 am

It depends on what he wrote, if he paroled you in to that date then yes, you should have left by that date, or if you were required to fill in an I-94 you should have left by the date on the I-94.

Although Canadians usually enter as a B visitor because they normally don't get an I-94 the six-month rule isn't a hard and fast thing, it's more about your intent, if your intent is to live in the US then you're going to have problems.
Steve.
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lawsrlawsCanuckAbroad VIP
Posts: 229
Joined: 28 Jun 2009

Re: NEED HELP!

Post Tue Aug 04, 2009 8:17 pm

What he did was document your entry with a stamp. We do this because if and when you overstay, we have not only your computer entry but also physical documentation.

Why would we do this you ask. Your not going to get shit. It's much easier for us to give an Expedited Removal with a 5 year bar from the USA when we have physical documentation. We have laws for a reason and you should respect them.
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delmar ladyNew Member
Topic author
Posts: 2
Joined: 3 Aug 2009

Re: NEED HELP!

Post Wed Aug 05, 2009 11:44 pm

i am in the u.s with my horses showing as an amateur...it was a last min change of plans two weeks befor i was planning to drive my horses back to canada a friend asked me to join her to cal with my horses so i drove there instead not thinking of what my passport says as i am used to spending every winter in the u.s for over 10 years so i did not think anything of it because i never had a prob since i show as a amateur (cant make any money) i just saw what he wrote when i was looking though my passport and now i am quite scared.
what can i do? is there anything?
i had zero intent of breaking the law... but i guess i have no way to prove that.?
thanks again so much

-- Wed Aug 05, 2009 11:50 pm --

also this thing he wrote is the date stamped in red like norm but then under it he wrote b2 then the date i had planned on returning.
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Reba

Re: NEED HELP!

Post Thu Aug 06, 2009 4:15 am

I suppose you should head back to Canada. Not much else you can do.
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StevenCanuckAbroad VIP
Posts: 3637
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Re: NEED HELP!

Post Thu Aug 06, 2009 9:40 am

It sounds to me like a legitimate change of plan and you still have non-immigrant intent, the date that matters is the stamped date. If you leave after your planned date and before the stamped date then it will just result in questions being asked but you've got a valid explanation.
Steve.
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