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Landing into Canada from US

Discussion in 'Permanent Residence in Canada' started by ishan.jaffery, Jul 13, 2019.

  1. Hello everyone,
    What happens if someone in the US has a valid student visa but it expires before landing to Canada upon receiving the PR or expires after they get an ITA.
    1) Can they land into Canada from the US?
    Staying in the US on an expired visa is considered as an overstay/unlawful presence.
    2) Is it going to cause issue in PR application?
    3) or Police clearance Certificate.
    And
    4) Do they have to make any changes in EE profile about the expired status even after they receive the ITA?
    I believe it will be considered an issue only if someone has stayed more than 180 days, which will definitely be not the case. Did someone have these kinds of issues who can provide some insight or advise?
     
  2. You should never overstay a visa. It could cause problems entering the US in the future.
     
  3. Personal view but these days with US immigration policy an overstay is an overstay which ever way you look at it whether is one day or 180 days it is still an overstay and to be avoided. Of course whether someone is detected is a different debate but the possibility is always there and could affect any future entry to the US.

    Always a possibility even if remote that a PR landing is refused and get returned to the US then will need a plan B as an overstayer, keep that thought in mind.
     
  4. Let’s get the facts straight here: for the US, student visa expiration does not equate overstay. Your student visa expiry date simply concerns the last possible date you may apply at the US border to be admitted into the US. Once admitted, the duration of stay is governed by your « status », which if you have an F-1 visa would correspond to your I-20. Your US student visa expiry date has no bearing on the expiry date of your status. Check your I-94 departure form. If it says D/S (duration of status, ie. as long as your I-20 is valid), and your I-20 has not expired, then you arr not overstaying, even if your student visa has expired. Your student visa expiring simply means if and once you leave the US, you need a new visa to apply to be admitted into the US at the US border. Exception to this is a rule called Automatic Revalidation, but I’m not familiar with the specs.

    The above only applies to US student visa (F-1). Can’t say the same for other visa types (eg B1/B2) or visa from other countries (eg Canada)
     
  5. You can easily confirm this by checking websites of the state department, DHS, or the international student office at your university. It’s a common misconception. I was just regurgitating what I hear from the international office at my university every time someone asks a similar question :)

     
  6. Ok, but if someone has accrued more than 150 days of unemployment on OPT Extension + OPT, then he is in violation of status and overstaying right? And they don't get any grace period or transfer of school or change in education level either after those days.
     
  7. I’m not familiar with the rules when OPT is involved. You may want to consult an immigration attorney on this. Also, note that it might not be advisable to ask about this with an advisor at your university’s international office, because they are legally required to report you to DHS if you indeed overstayed or failed to maintain your legal status. (Whereas with an attorney there is attorney-client privilege)

     
    ishan.jaffery likes this.
  8. Ok, I'm pretty sure I'm in status right now but what if I get out of status? Can I still apply from within US giving my current address details and being honest about "no status" in personal history?
     

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