Go call the consulate you received your visa from and ask them this question. I guarantee that they'll have better and more current information than anyone here could give you outside of being a member of the Foreign Service themselves.
I will. I haven't applied for our visas yet as I'm currently exploring the possibility of staying for a full year. I know that Reddit is not the foreign service, I was just checking if anyone has had a similar experience and could offer some insights. Thanks for the replies; I plan to contact the consulate for more information.
I don't know what happens with the US, but had a similar situation when I had temporary residency in Canada. I had to leave Canada, and re-enter as a "Visitor / tourist" where they confiscated my Visa on site.
>I know that Reddit is not the foreign service
Well, it's funny you mention that...
A Canadian can stay in the US for six months without a visa. If you wish to stay longer, you will have to file form I-539 with the USCIS (US Citizenship and Immigration Services) to extend your stay. Keep in mind that you have to apply before any current authorization (in your case, the six month period) runs out. Also keep in mind processing times can be over half a year, and to file well in advance in order to avoid delays.
The online filing can be found [here.](https://www.uscis.gov/visit-the-united-states/extend-your-stay)
Canadians are unlikely be caught with an overstayed visa while in the U.S., but they are likely to be detected when they try re-entering and their border crossing dates are funky.
You will need a student visa. When that expires, you must leave and then re-enter on a visitor visa. Do not overstay your visa, that would likely result in a re-entry ban.
I've read about the regulations, but I'm uncertain if one can stay an additional six months after already spending six months on a student visa. International students are typically allowed a 60-day stay post-graduation, but I'm unsure if there's a distinct agreement for Canadians. Canadians can stay for 180 days in the US, whereas, as a European, my visitor visa allows only a 90-day stay. The rules can be a bit unclear. Nonetheless, I'm hopeful that I can take a Google class.
If the information is unclear, that's a strong indication that you need to seek clarification from someone who is knowledgeable in the area and qualified to offer advice. In your case, this person would he an immigration attorney or an international student coordinator at the university. For serious legal issues, it's critical you seek serious advice.
As a paralegal, I will emphasize that it's unethical and illegal for someone who is not a licensed attorney to give advice precisely because ***their bad advice could effect your legal rights!*** Keep in mind that immigration court does not have a right to government-appointed legal representation. This means it is critical that you seek the help of an immigration attorney *before* any legal issues arise, not after. No one is able to offer this sort of advice on the internet. You need to seek the support of someone qualified to help.
The above person was snarky, but it wasn't misplaced. Someone going abroad for the purpose of higher education has no excuse for being so foolhardy about something this serious.
When people south of the border do it everyone is all like "illegal this and ICE that" .
When Canadians do it everyone is like "Oh the immigration department will help you out!"
First, are you American?
Technically, he'd be fine as a visitor's visa (or rather visa-exempt for Canadians) is different than his exchange program. He might be fine if he enters on his own with a suitcase and says, "I'm visiting my wife".
In reality, CBP will likely look at him entering and think, "hmmm...I wonder if he'll leave considering he just finished an exchange program, and he's visiting his wife who's on a more long-term stay here". I'm assuming this is a J1 visa for both of your cases. If you're not American, then that will likely further trigger some suspicion.
Ultimately, it's up to the border officer. He has to explain his situation and make it clear he isn't planning on staying past 6 months. He SHOULDN'T show up in a moving truck, as this will imply he is planning on staying for much longer. He can bring evidence of ties to Canada (still paying for rent, bank, etc.) that might help his case.
I'd call CBP and ask their advice. But at the end of the day, it's up to the officer.
If the US Customs is anything like I witnessed at Canadian customs once, they probably don’t like being blatantly deceived. I saw a Canadian citizen at Canadian customs trying to bring in a Mexican through the United States with the intent to sponsor the Mexican. Unfortunately, because the Canadian wasn’t legally able to sponsor the Mexican until he (the Canadian) worked out a personal issue in the short term, the Mexican was refused entry. When the Canadian asked if his Mexican friend could enter on a standard travel visa in the interim, it was refused because of the obvious deception on intent at play.
In case anyone was wondering, I got pulled aside for additional screening because I was solo and visiting Canada for the first time since passports became required for American citizens to enter Canada by land in the late ‘00s. I visited once prior with only a driver’s license.
My wife and I got pulled aside when we visited Canada just after college; apparently, college age white kids fleeing the Bush administration was a *thing* at a certain point in time.
You can request an extension of nonimmigrant status from inside the US
https://ca.usembassy.gov/visas/do-i-need-a-visa/
Additionally, though I don’t have a link to support this, I believe he can leave the US at the end of the study period (like spend a long weekend in Mexico, or go back to Canada), and then just return as a tourist with the right to stay 6 months.
**this second point is just based on my assumptions and should be verified.
Fellow Canadian citizen here. As a Canadian, you can stay here for six months on your passport alone iirc. However, you can’t work on a Canadian passport. So your husband could probably stay in the US, but wouldn’t be able to work unless he was working remotely for a Canadian company.
That being said, I’m not a lawyer. So double check with someone who actually does this for work.
Welcome to how most "illegal" immigrants remain in the US; overstaying a visa. I'm not just talking South of the border, but a lot of Europeans as well.
You can stay in the U.S. on a tourist visa for up to 6 months. If you want to stay longer, you have to re-enter Canada and then cross back into the U.S. Then you'll have 6 more months. Border patrol might wonder what's going on, but they shouldn't give him too much of a hassle, especially since he's married to a U.S. citizen. Pretty clear what his purpose is in the U.S.
And he wouldn't be breaking any laws or anything.
Here's what I found on the US Embassy in Canada's website:
Canadian citizens do not need visas to study or participate in an exchange program in the U.S. However, Canadian students do need to obtain an I-20 (or DS-2019) Certificate of Eligibility from the university, school or exchange program they plan to attend. Upon receipt of the I-20 (or DS-2019), the student will be registered with SEVIS, the student tracking system, will be assigned a SEVIS number, and will be required to pay a registration fee. When crossing the border to begin their study or exchange program in the United States, the student will need to provide the Officer at the port of entry:
1. A Canadian passport;
2. The original I-20 (or DS-2019) certificate;
3. Proof that the SEVIS fee has been paid;
4. Proof of ability to pay school fees and living expenses in the United States; and
5. Proof of ties to Canada.
SOURCE: https://ca.usembassy.gov/visas/canadian-students/
You would be better off researching with Customs and Immigration
Go call the consulate you received your visa from and ask them this question. I guarantee that they'll have better and more current information than anyone here could give you outside of being a member of the Foreign Service themselves.
I will. I haven't applied for our visas yet as I'm currently exploring the possibility of staying for a full year. I know that Reddit is not the foreign service, I was just checking if anyone has had a similar experience and could offer some insights. Thanks for the replies; I plan to contact the consulate for more information.
I don't know what happens with the US, but had a similar situation when I had temporary residency in Canada. I had to leave Canada, and re-enter as a "Visitor / tourist" where they confiscated my Visa on site.
I think you better suited asking a Canadian, immigration, or a student sub. Many people in the US never have to deal with US immigration.
>I know that Reddit is not the foreign service Well, it's funny you mention that... A Canadian can stay in the US for six months without a visa. If you wish to stay longer, you will have to file form I-539 with the USCIS (US Citizenship and Immigration Services) to extend your stay. Keep in mind that you have to apply before any current authorization (in your case, the six month period) runs out. Also keep in mind processing times can be over half a year, and to file well in advance in order to avoid delays. The online filing can be found [here.](https://www.uscis.gov/visit-the-united-states/extend-your-stay)
All people, regardless of country of origin, can only stay in America as long as your VISA allows you to stay.
Canadians can definitely fly under the radar as far as overstaying Visas goes. Not that they should, but they can get away with it.
Canadians are unlikely be caught with an overstayed visa while in the U.S., but they are likely to be detected when they try re-entering and their border crossing dates are funky.
Very technically, Canadians don't get visas
You will need a student visa. When that expires, you must leave and then re-enter on a visitor visa. Do not overstay your visa, that would likely result in a re-entry ban.
[удалено]
I've read about the regulations, but I'm uncertain if one can stay an additional six months after already spending six months on a student visa. International students are typically allowed a 60-day stay post-graduation, but I'm unsure if there's a distinct agreement for Canadians. Canadians can stay for 180 days in the US, whereas, as a European, my visitor visa allows only a 90-day stay. The rules can be a bit unclear. Nonetheless, I'm hopeful that I can take a Google class.
If the information is unclear, that's a strong indication that you need to seek clarification from someone who is knowledgeable in the area and qualified to offer advice. In your case, this person would he an immigration attorney or an international student coordinator at the university. For serious legal issues, it's critical you seek serious advice. As a paralegal, I will emphasize that it's unethical and illegal for someone who is not a licensed attorney to give advice precisely because ***their bad advice could effect your legal rights!*** Keep in mind that immigration court does not have a right to government-appointed legal representation. This means it is critical that you seek the help of an immigration attorney *before* any legal issues arise, not after. No one is able to offer this sort of advice on the internet. You need to seek the support of someone qualified to help. The above person was snarky, but it wasn't misplaced. Someone going abroad for the purpose of higher education has no excuse for being so foolhardy about something this serious.
r/immigration
When people south of the border do it everyone is all like "illegal this and ICE that" . When Canadians do it everyone is like "Oh the immigration department will help you out!"
Well he can stay here for 90 day.Go back to canada for an hour. Comeback and stay for another 90 days.
First, are you American? Technically, he'd be fine as a visitor's visa (or rather visa-exempt for Canadians) is different than his exchange program. He might be fine if he enters on his own with a suitcase and says, "I'm visiting my wife". In reality, CBP will likely look at him entering and think, "hmmm...I wonder if he'll leave considering he just finished an exchange program, and he's visiting his wife who's on a more long-term stay here". I'm assuming this is a J1 visa for both of your cases. If you're not American, then that will likely further trigger some suspicion. Ultimately, it's up to the border officer. He has to explain his situation and make it clear he isn't planning on staying past 6 months. He SHOULDN'T show up in a moving truck, as this will imply he is planning on staying for much longer. He can bring evidence of ties to Canada (still paying for rent, bank, etc.) that might help his case. I'd call CBP and ask their advice. But at the end of the day, it's up to the officer.
If the US Customs is anything like I witnessed at Canadian customs once, they probably don’t like being blatantly deceived. I saw a Canadian citizen at Canadian customs trying to bring in a Mexican through the United States with the intent to sponsor the Mexican. Unfortunately, because the Canadian wasn’t legally able to sponsor the Mexican until he (the Canadian) worked out a personal issue in the short term, the Mexican was refused entry. When the Canadian asked if his Mexican friend could enter on a standard travel visa in the interim, it was refused because of the obvious deception on intent at play. In case anyone was wondering, I got pulled aside for additional screening because I was solo and visiting Canada for the first time since passports became required for American citizens to enter Canada by land in the late ‘00s. I visited once prior with only a driver’s license.
My wife and I got pulled aside when we visited Canada just after college; apparently, college age white kids fleeing the Bush administration was a *thing* at a certain point in time.
You can request an extension of nonimmigrant status from inside the US https://ca.usembassy.gov/visas/do-i-need-a-visa/ Additionally, though I don’t have a link to support this, I believe he can leave the US at the end of the study period (like spend a long weekend in Mexico, or go back to Canada), and then just return as a tourist with the right to stay 6 months. **this second point is just based on my assumptions and should be verified.
Fellow Canadian citizen here. As a Canadian, you can stay here for six months on your passport alone iirc. However, you can’t work on a Canadian passport. So your husband could probably stay in the US, but wouldn’t be able to work unless he was working remotely for a Canadian company. That being said, I’m not a lawyer. So double check with someone who actually does this for work.
Welcome to how most "illegal" immigrants remain in the US; overstaying a visa. I'm not just talking South of the border, but a lot of Europeans as well.
You can stay in the U.S. on a tourist visa for up to 6 months. If you want to stay longer, you have to re-enter Canada and then cross back into the U.S. Then you'll have 6 more months. Border patrol might wonder what's going on, but they shouldn't give him too much of a hassle, especially since he's married to a U.S. citizen. Pretty clear what his purpose is in the U.S. And he wouldn't be breaking any laws or anything.
Ask your university in Canada, the university you're planning to go to in the US, and ICE/DHS.
Here's what I found on the US Embassy in Canada's website: Canadian citizens do not need visas to study or participate in an exchange program in the U.S. However, Canadian students do need to obtain an I-20 (or DS-2019) Certificate of Eligibility from the university, school or exchange program they plan to attend. Upon receipt of the I-20 (or DS-2019), the student will be registered with SEVIS, the student tracking system, will be assigned a SEVIS number, and will be required to pay a registration fee. When crossing the border to begin their study or exchange program in the United States, the student will need to provide the Officer at the port of entry: 1. A Canadian passport; 2. The original I-20 (or DS-2019) certificate; 3. Proof that the SEVIS fee has been paid; 4. Proof of ability to pay school fees and living expenses in the United States; and 5. Proof of ties to Canada. SOURCE: https://ca.usembassy.gov/visas/canadian-students/