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American Staying in Canada? Please advise!

W

white_wolf

Newbie
Jan 19, 2016
4
0
Hi guys! I am legally married to a canadian since last year. I have been in Canada for 9 months without going back to the states. I now have to go to Australia because one of my family members is very ill and I am planning to be there for about 3 months plus.
My flight is from here in Canada to Los Angelas and then directly to Australia.
Will I have any problems getting there?
When I do decide to come back to Canada, will I be penalized and be unable to enter the country until I apply for my dual citizenship?
I'm pretty panicked and I am unsure of what will happen :(
 
white_wolf said:
Hi guys! I am legally married to a canadian since last year. I have been in Canada for 9 months without going back to the states. I now have to go to Australia because one of my family members is very ill and I am planning to be there for about 3 months plus.
My flight is from here in Canada to Los Angelas and then directly to Australia.
Will I have any problems getting there?
When I do decide to come back to Canada, will I be penalized and be unable to enter the country until I apply for my dual citizenship?
I'm pretty panicked and I am unsure of what will happen :(
Click to expand...

So you are out of status at the moment?
 
white_wolf said:
Yes, currently I am in Toronto, Canada
Click to expand...

CBSA officer will frown at you for overstaying and 1) may give you a shorter stay (weeks) or 2) refuse entry.

You can't apply for citizenship until you are a PR for 4 years and you need at least 1 year to become a PR... but this is irrelevant for entering Canada.

I would wait at least the same amount of time you were in Canada out of the country. After that the CBSA officer will most likely be in a better mood.

Nonetheless, as always, you can take your chances any time you wish.
 
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