While in PR process , can I visit the US? I am American Citizen.

[raptorbay]

Hello,

I am an American Citizen who got married to a PR of Canada. My PR application and work permit application are still in process since Feb 2015. Is it risky to visit the US for a week and then come back while I am waiting for these documents? what should I tell the Airport Immigration Officer? I know Americans do not need visa to enter Canada but I have been living here in Canada for more then 6 months already.

*Edit* I am applying for the PR that is "spouse from within Canada*

 

[melgolchuk]

Well since you've already overstayed and you are applying inland the immigration officer will know you aren't coming back to Canada to 'just visit' so you can and probably will run into trouble with the border esp. at the airport. A land crossing with your spouse may not be as big of a deal (from my experience) but there really are no guarantees. It all depends on the officer you get.

 

[melgolchuk]

http://www.canadavisa.com/canada-immigration-discussion-board/hands-down-the-most-often-asked-question-from-inland-applicants-t266896.0.html

Has more info on the subject

 

[raptorbay]

When i first entered canada back in october of last year, i enteted thru a land border so there is no entry stamp on my passport.
But maybe they still will know how long I've been here? What about the implied status does that help for re-entry?

Thanks for the helpful link

 

[OhCanadiana]

When i first entered canada back in october of last year, i enteted thru a land border so there is no entry stamp on my passport.
But maybe they still will know how long I've been here? What about the implied status does that help for re-entry?

Thanks for the helpful link

If you have no entry stamp (and no visitor record) then you had 6 month stay granted. After that, you would need to either exit and re-enter (subject to the risks mentioned in the thread melgolchuk linked to) or apply to extend your stay. If you've been in Canada more than 6 months already (depending on when in October you entered), you also need to apply to restore your status.

Take a look at http://www.cic.gc.ca/english/visit/extend-stay.asp for the details and application to extend your stay and at http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/restoration.asp for details on restoring your status.

Implied status means that if you apply to extend your status before your current status expires you get an automatic extension while the application is processed. Note that it requires you to be legally in the country at the time you apply to be eligible for implied status (otherwise there's no status to extend). Whenever you exit the country, you lose any status you may have had and apply for new status upon entry.

 

[melgolchuk]

The RFID chip in your passport will let them know your last crossing. Or its suppose to. (Its missed mine a couple times) I don't know much about the implied status for inland and if it helps or not. I do know you can restore your status online as long as its within 90 days of expire.

It really all depends on the official you get. Last time I crossed my spouse (Canadian) was driving and the guy didn't ask me anything. My husband just said we had a PR processing and the officer didnt even ask which kind. He just waved us through. One person can completely understand your situation and let you through and the next could be a total moron about it.

 

[birdboy008]

When i first entered canada back in october of last year, i enteted thru a land border so there is no entry stamp on my passport.
But maybe they still will know how long I've been here? What about the implied status does that help for re-entry?

Thanks for the helpful link

It was wise to apply for the OWP! I hope that you were still 'in status' when you applied for it or you may have to wait for AIP (approx 17 months) to get your OWP as you must be in status to qualify under the pilot program. An in-status OWP would allow you to cross the border without much fuss assuming nothing worrisome in your past, etc. Personally, I would wait until I had the OWP in hand but if you're in status you might make the crossing successfully but please don't go on my word.

 

[raptorbay]

Thanks yes i applied for my owp and my pr back in feb when i was still in status. I should have that implied status now i hope. If i do go maybe i bring my appplication and pr reciept just in case

 

[raptorbay]

I guest i will just wait for my work permit before I travel. Does anyone know what the current waiting times are for work permits sent with the inland pr application? I mailed mine in earlu February of this year. When i called immigration they said i should expect it in late June. Does that sound like an accurate timeframe?

 

[canuck_in_uk]

I guest i will just wait for my work permit before I travel. Does anyone know what the current waiting times are for work permits sent with the inland pr application? I mailed mine in earlu February of this year. When i called immigration they said i should expect it in late June. Does that sound like an accurate timeframe?

Note that a work permit does not guarantee re-entry to Canada. Though the risk is small, there is always the possibility of being refused entry back into Canada.