Visiting US by air with expired TRV - any issues?

[likeshanghai]

Hi, my parents got visa extension approved but when I got the letter it's already passed expiration date. I called call center, they asked me to apply restoration. My parents already bought ticket to leave Canada via US (within 90 days after expiration), they want to save the $400 for restoration fee.

my question are:
1) Can they still visit US by air?
2) is it still worth to do the restoration? to my understanding, as soon as they leave Canada, the restoration is deemed.
3) is there any issue to come back Canada after 6 month?

Thanks!

 

[Jalex23]

Hi, my parents got visa extension approved but when I got the letter it's already passed expiration date. I called call center, they asked me to apply restoration. My parents already bought ticket to leave Canada via US (within 90 days after expiration), they want to save the $400 for restoration fee.

So before the visitor status expired they applied for extension. Then the extension was approved when the visitor status was expired.

If the above is correct you do not need to apply for restoration as the visitor status has been extended (the period from the visitor status expiration date and the visitor extension approval they were under implied status).

1) Can they still visit US by air?

Their status is irrelevant for leaving the country.

2) is it still worth to do the restoration? to my understanding, as soon as they leave Canada, the restoration is deemed.

They are not eligible for restoration as they are under valid visitor status.

3) is there any issue to come back Canada after 6 month?

It really depends on the amount of time they stayed in Canada, and the amount of time they will be abroad. Also it depends on the CBSA assessment. Hard to tell.

 

[likeshanghai]

Thank you Jalex23!

In this case my parents are already out of status since the extension period was way too short (only 2 days), approved on Dec 21, and must leave before Dec 23nd. and the letter was sent to my home in Jan 6th.

so, "Their status is irrelevant for leaving the country." that's all I want to confirm.

If anyone has different thoughts, please let me know. For some reason, i saw someone said, because US boarder is inside Canadian airport, if you are out of status, US boarder service will send you back to CBSA, to have you deported... that's why I want to apply for restoration. Thanks!