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American's travelling with illegal status..

acer925

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Has any American whos been in Canada with illegal status gone back to the states without a hassle? I dont know the policy on Americans going back to the states, if they scan passports or whatnot. My situation is I have illegal status in Canada and need to go back to the states for a couple weeks but then need to come back to Canada. I need help in knowing what they will say or do when I get to the u.s. customs, I dont wanna be banned from entering Canada. Please help with any experiences you may have had! Thank you! By the way, my status is only illegal b/c I've overstayed the 6 months.
 

sogwap

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Why do you have illegal status?

If you have over stayed your visitor status, by being here more than six months, there should be no problem going back to the States. Coming back to Canada is another story.
 

acer925

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sogwap said:
Why do you have illegal status?

If you have over stayed your visitor status, by being here more than six months, there should be no problem going back to the States. Coming back to Canada is another story.
Well thats what im asking, about coming back into Canada. But I can know that by knowing the procedure they follow in letting Americans back into the states (ie:scan passport, or just let them in). Because if they dont scan my passport going into the states, then there's no way they can know when I left the states. Get it?
 

job_seeker

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acer925 said:
anyone? please
When you leave Canada, you would have complied with the temporary nature of your status. Was your passport stamped/scanned when you entered Canada? When you leave Canada, does the US border official stamp your passport? You may be allowed in again, except when they ask you point blank when you last visited Canada (but you can always say when you arrived not when you left ;). Some members had done that in the past. "Flagpole" - hey leave Canada for a few days or weeks then come back and gets a new 6 month allowed visit. Have you tried applying for an extension to CPC-V? oooppppsss. you need to go back to the states. Anyway there are no 100% guarantees. The POE officials are not that strict with American nationals entering Canada as long as you can show proof that you are still a visitor, meaning you should be able to show proof of a job/residence in the US in the event the officers are having a "bad day" and ask you for proof of US residency :(
 

acer925

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job_seeker said:
When you leave Canada, you would have complied with the temporary nature of your status. Was your passport stamped/scanned when you entered Canada? When you leave Canada, does the US border official stamp your passport? You may be allowed in again, except when they ask you point blank when you last visited Canada (but you can always say when you arrived not when you left ;). Some members had done that in the past. "Flagpole" - hey leave Canada for a few days or weeks then come back and gets a new 6 month allowed visit. Have you tried applying for an extension to CPC-V? oooppppsss. you need to go back to the states. Anyway there are no 100% guarantees. The POE officials are not that strict with American nationals entering Canada as long as you can show proof that you are still a visitor, meaning you should be able to show proof of a job/residence in the US in the event the officers are having a "bad day" and ask you for proof of US residency :(
When I entered Canada, they definately didn't stamp my passport, and I'm not sure if they scanned it or not. I was brought in and questioned though. I guess my original question should have been put like this.."When an American leaves Canada, does the US border official stamp or scan your passport?" Because like you said, if they do not do that then when I come back to Canada and they ask me when I last visited and left..I could say I left Canada before the 6 month period even though I really didnt. But it all depends on if the US border official scans my passport on exiting Canada. I just need an American to read this who has driven back to the states from Canada recently!!!
 

sogwap

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acer925 said:
I just need an American to read this who has driven back to the states from Canada recently!!!
Driving/Flying across the US/Canadian boarder is probably not the real issue here. Last time I drove across the boarder the Canadian IO never opened our passports! Asking only our nationality, where we were, how long and where we are going. Other times times they've looked and questioned where I (as an American) worked, how long I was staying etc.

As far as Americans crossing the boarder, I think mostly what they look for is intent. My first visit two years ago, I was given the third degree. I had to prove I was going back to US, (had to show my return ticket). That I had a means to support myself while here. That I had a job and residence back in the States. They even called my gf (now wife) assuring Canadian IO that I was staying with her.
 

acer925

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sogwap said:
Driving/Flying across the US/Canadian boarder is probably not the real issue here. Last time I drove across the boarder the Canadian IO never opened our passports! Asking only our nationality, where we were, how long and where we are going. Other times times they've looked and questioned where I (as an American) worked, how long I was staying etc.

As far as Americans crossing the boarder, I think mostly what they look for is intent. My first visit two years ago, I was given the third degree. I had to prove I was going back to US, (had to show my return ticket). That I had a means to support myself while here. That I had a job and residence back in the States. They even called my gf (now wife) assuring Canadian IO that I was staying with her.
Do you remember what the process was like for you when you drove back to the states from Canada (assuming you drove), and how long ago was that? I know what the process is like coming into Canada, as im in Canada right now and I had a similar experience as you..but im worried because i've overstayed my visit, and would like to go back to the states but dont want to be told I cannot come back into Canada (I am under the impression that if you overstay in Canada they can lock you out for a while). Thanks.
 

sogwap

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We drove to NY in October, and to Indiana in November. Both were weekend trips. I was with my new Canadian wife driving an Ontario vehicle.

As an American, unless there is something suspicious, you should have no problem going back to the States.
As far as IO (at the boarder) other than your stamped passport they have no record of your exact travel plans....
That being said I do believe US and Canada share vehicle and travelers information going across their boarders. However it seems no one knows what's on the IO computer screens when they scan your passport.

The several times we have crossed the boarder without opening our passports, we had crossed the other way the same day. My experience has been that as an American if you can reasonable show that you will return to the States in your alloted time you will have the least problems. Just don't try to bring a vehicle load of household goods, as you are only a visitor, or say you are moving, etc. But as others have said be completely honest.
 

acer925

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sogwap said:
We drove to NY in October, and to Indiana in November. Both were weekend trips. I was with my new Canadian wife driving an Ontario vehicle.

As an American, unless there is something suspicious, you should have no problem going back to the States.
As far as IO (at the boarder) other than your stamped passport they have no record of your exact travel plans....
That being said I do believe US and Canada share vehicle and travelers information going across their boarders. However it seems no one knows what's on the IO computer screens when they scan your passport.

The several times we have crossed the boarder without opening our passports, we had crossed the other way the same day. My experience has been that as an American if you can reasonable show that you will return to the States in your alloted time you will have the least problems. Just don't try to bring a vehicle load of household goods, as you are only a visitor, or say you are moving, etc. But as others have said be completely honest.
Thanks sogwap for your replies, I appreciate it. Im from NY.I came here in August to live with my girlfriend, and have been here since without ever going back to the states. I would like to go back to visit family but would hope that I would be able to return a couple weeks later. I am just worried since I've been here longer than 6 months that when I go to come back to live with my girlfriend here in Canada that they will say no because you were here for too long without going back to the states, and ban me from re-entering Canada for a while. What do you think would happen if I did that? Thank so much.
 

sogwap

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Ironically I came here in Aug 2009 also to be with my gf. We were then married in October.
I've been here for 8 months, and I've been back to the States twice for less than a week. My delima has been that since I do not have a work permit I do not have legal status to work. I've been waiting five months for the FBI clearance which was reject once, just so that we can apply for Permanent Residence. At this point I have another 6-8 months (or more waiting) for legal status. :(

If I may ask what are your marriage plans?

Also how often have you crossed the boarder in say the past couple of years? If you have made regular visits, have you ever had any trouble coming here to Canada?

If you cross the boarder by car, my guess is they rarely stamp your passport. In my case in traveling across the boarder it has always been in her vehicle which has Ontario plates. (I don't know if that factors in since I was not bringing my car.)

As it has been said IO is interested that you have legal status to be here (in Canada). Since you do not need a visitor visa, you can stay legally for six months. The second thing is that you are not planning to stay indefinitely without legal status. That is why they ask about job, where you live (City and State) family and how long you are staying. I would only bring what you need for a reasonable vacation. And that you are visiting your gf. I've found that humors them. As they ask how long you've known each other, and how often you see each other. I would not make anything up as you do not want to be contradicting yourself.
 

acer925

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sogwap said:
Ironically I came here in Aug 2009 also to be with my gf. We were then married in October.
I've been here for 8 months, and I've been back to the States twice for less than a week. My delima has been that since I do not have a work permit I do not have legal status to work. I've been waiting five months for the FBI clearance which was reject once, just so that we can apply for Permanent Residence. At this point I have another 6-8 months (or more waiting) for legal status. :(

If I may ask what are your marriage plans?

Also how often have you crossed the boarder in say the past couple of years? If you have made regular visits, have you ever had any trouble coming here to Canada?

If you cross the boarder by car, my guess is they rarely stamp your passport. In my case in traveling across the boarder it has always been in her vehicle which has Ontario plates. (I don't know if that factors in since I was not bringing my car.)

As it has been said IO is interested that you have legal status to be here (in Canada). Since you do not need a visitor visa, you can stay legally for six months. The second thing is that you are not planning to stay indefinitely without legal status. That is why they ask about job, where you live (City and State) family and how long you are staying. I would only bring what you need for a reasonable vacation. And that you are visiting your gf. I've found that humors them. As they ask how long you've known each other, and how often you see each other. I would not make anything up as you do not want to be contradicting yourself.
I should of did what you did in going to the states a couple of times before the 6 months came up. If we get married it will be in the states b/c its easier.So both times you went back to the states in her car they didnt even look at your passport on the US side? Is that right? Thanks.
 

sogwap

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I would not be too concerned about going back to the States. That's where you have legal status and as far as US and Canadian customs that is your home. I think US customs main concern is that you are not bringing anything into the States that is illegal.
 

acer925

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sogwap said:
I would not be too concerned about going back to the States. That's where you have legal status and as far as US and Canadian customs that is your home. I think US customs main concern is that you are not bringing anything into the States that is illegal.
No Im not concerned about being able to go back to the states, I mentioned this before..I thought you understood lol..Im interested in what US customs will do with my passport (scan,or not) b/c if they dont scan it or anything then when I go to come back into Canada they will not know exactly when I left the states..BUT if US Customs does scan my passport when I go back there, then when I go to come back into Canada they will have that info. and know I was there for more than 6 months. Please tell me if you dont understand what im saying? All I need to know from you is what US customs did when you went back to the states with your gf (did they scan your passport or anything?)