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Old 05-02-2017, 12:41 PM
 
Location: Honolulu/DMV Area/NYC
30,562 posts, read 18,061,935 times
Reputation: 34368

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Quote:
Originally Posted by katzpaw View Post
Canadian Immigration can be disarming with their "Hey how's it going buddy?" approach.
If he told Canadian Immigration that he was just there to reset his US tourist visa they could deny enter.
If he lied to Canadian Immigration and they found out then he could be denied entry.
He obviously lied to US immigration, he had a US tourist visa but had no intention of returning home before it expired - was using it to live/reside in the US with his girlfriend.
It's not the 1 hour that tripped him up, it was lying to US Immigration and using the tourist visa to live in the US.
Do you have to have the intention of "returning home" when applying for such a visa? Or is just agreeing to comply by the requirement that you don't spend more than 6 months at a time in the USA the expectation?
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Old 05-02-2017, 01:03 PM
 
Location: SE Asia
16,236 posts, read 5,856,006 times
Reputation: 9117
Quote:
Originally Posted by prospectheightsresident View Post
Do you have to have the intention of "returning home" when applying for such a visa? Or is just agreeing to comply by the requirement that you don't spend more than 6 months at a time in the USA the expectation?
So what you are asking is: Does someone applying for such a VISA do it to scam the system?
I'm sure that some or many do. When caught they own it.
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Old 05-02-2017, 01:24 PM
 
Location: Honolulu/DMV Area/NYC
30,562 posts, read 18,061,935 times
Reputation: 34368
Quote:
Originally Posted by boneyard1962 View Post
So what you are asking is: Does someone applying for such a VISA do it to scam the system?
I'm sure that some or many do. When caught they own it.
Its clear what I asked, which goes to the point of whether the man "scammed" the system or had simply been living up to the terms of his visa prior to the Canadian incident. Even if his earlier behavior violated the spirit of the law, that doesn't mean that his actions actually ran afoul of the law.
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Old 05-02-2017, 01:28 PM
 
Location: SE Asia
16,236 posts, read 5,856,006 times
Reputation: 9117
Quote:
Originally Posted by prospectheightsresident View Post
Its clear what I asked, which goes to the point of whether the man "scammed" the system or had simply been living up to the terms of his visa prior to the Canadian incident. Even if his earlier behavior violated the spirit of the law, that doesn't mean that his actions actually ran afoul of the law.
I travel a lot. Most countries that I visit enforce their immigration laws. As a traveler you know the terms of your VISA or at least should. You don't wait until the last minute to make your VISA run. You know and understand what countries you can go to to renew the VISA. If you can't be bothered doing more than the minimal prep then you deserve what follows.
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Old 05-02-2017, 01:34 PM
 
Location: Honolulu/DMV Area/NYC
30,562 posts, read 18,061,935 times
Reputation: 34368
Quote:
Originally Posted by boneyard1962 View Post
I travel a lot. Most countries that I visit enforce their immigration laws. As a traveler you know the terms of your VISA or at least should. You don't wait until the last minute to make your VISA run. You know and understand what countries you can go to to renew the VISA. If you can't be bothered doing more than the minimal prep then you deserve what follows.
I don't disagree with that an already alluded to the point in my very first post that I look forward to seeing the man deported (after all, US immigration authorities only can/should go by what is before them . . . and when this man was turned away by the Canadians, he officially overstayed his visa). But that in no way takes away from the other points I'm making/questions I'm asking.
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Old 05-02-2017, 01:39 PM
 
Location: Bel Air, California
23,769 posts, read 28,950,682 times
Reputation: 37326
should be allowed to stay if he gives us a few of those cuddly Koala bears and a couple Joeys and a Panda Bear.
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Old 05-02-2017, 02:16 PM
 
27,206 posts, read 46,641,661 times
Reputation: 15661
The article is only giving the man's story and not USCIS.

I know of a couple from England who went to the newspaper complaining how their business was doing well and their issues with USCIS. That was years ago.

We actually saw their financials as we at one point were interested to buy the business but the financials showed there was not really any money coming into the business so we knew the couple lied to the newspapers about their business doing so well.

Shortly after the article the business closed down as nobody bought the business.
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Old 05-02-2017, 03:07 PM
 
22,923 posts, read 15,431,657 times
Reputation: 16962
Quote:
Originally Posted by prospectheightsresident View Post
Its clear what I asked, which goes to the point of whether the man "scammed" the system or had simply been living up to the terms of his visa prior to the Canadian incident. Even if his earlier behavior violated the spirit of the law, that doesn't mean that his actions actually ran afoul of the law.
There is no law as you would routinely think of laws applied.

Border agents have full discretion to deny entry on a mere suspicion or "gut instinct". That is their job description.

American border agents routinely deny Canadians entry if they suspect you might be going down to overstay, have no preliminary destination address, and the biggy "I'm just hiking around seeing the sights" ooopsy ....no can do! Canadians enjoy the reciprocal arrangement with Americans of not having to formally apply for a visitor visa but you are assumed to be operating within the confines of one nevertheless.

This guy showed up at the Canadian border entry and we have no way of knowing if he had an address already arranged for his first destination. Regardless, if he showed up without proof of ability to support himself (funds in hand or on deposit) WITHOUT resorting to temp employment in Canada or without proof of intent to leave within specified period of time; it has no impact whether or not Canadian officials thought he might be denied re-entry to the U.S. or not. That in essence had nothing whatsoever to do with their decision, as he could always be sent home direct to Australia.

He simply failed to subscribe to those norms of entry that Canadians and Americans have to subscribe to when required to satisfy border agents on either side going either way. This guy is not privileged beyond those considerations due to him being Australian.

I've been a wintering snowbird in Florida since the winter of 1999 and can assure you my wife and I have been subjected to every conceivable question and requirement of proof you can imagine that we have no intention of working illegally, overstaying our "assumed" visitor visa, or otherwise becoming a burden upon the American taxpayer.

We have learned, along with passports, to carry with us:
Most recent Canadian income tax filing.
Bank statements of all Canadian accounts.
Copy of Property Tax assessment and current utility bills for properties owned in Canada.

Along with:
Copy of title of house owned in Florida.
Current utility bills for said property.
Copy of title for Car with current insurance.
Bank statements for accounts held in the U.S.
Current cards for "out of province healthcare" (travel insurance)

The Canadian stuff is required to prove we have a "substantial presence" established in Canada and therefore could be assumed to want to return to it. The American stuff is to prove we have no need of attaining employment to sustain our presence and lifestyle in the U.S. along with proof we will never likely become a burden upon the American taxpayer on any way shape or form.

All of the above have at one time or another been requested.

The one stumbling block we routinely get sent to secondary for is our choice of direct flight out from a local airport precludes us the ability to book a return flight until early spring as they only set up a gate with all of the customs/TSA/inspection for arrivals during the high density periods of snowbird travel of early fall leavings and early spring returns.

I can assure all of you that if the agent, even viewing all of that information, is having a bad day or still doubts our motives, he can in a Minnesota minute stamp "entry denied" on our passports and that would bring an end to our snowbirding for at least a five year period of getting it all straightened out.

This young fellow has now been denied entry to Canada and that will be entered into BOTH Canada and the U.S. shared information database which will in all likelihood put the boots to his maintaining his U.S. visa.

Young people can be rather stupid at times.
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Old 05-02-2017, 03:22 PM
 
Location: Free From The Oppressive State
30,227 posts, read 23,643,056 times
Reputation: 38582
Quote:
Originally Posted by katzpaw View Post
It appears he had a 5 year B2 tourist visa with unlimited entry to the US but can't stay more than 6 months at a time. Tourist visa holders are not allowed to work or study. It appears he was using the tourist visa to live full time in the US.

"Canadian officials feared the U.S. would reject Reid's request for a visa renewal and he would then become Canada's "problem,"

Australian man arrested for overstaying US visa by 90 minutes, report says | Fox News
Quote:
"The proper procedure for requesting an extension of stay while in the U.S. is to file an application with U.S. Citizenship and Immigration Services (USCIS) before the individual’s authorized stay expires," Public Affairs Specialist David Long said. "Individuals encountered by CBP without valid travel or immigration documents are detained and held by U.S. Immigration and Custom Enforcement’s Enforcement and Removal Operations until they appear before an immigration judge."
So did he do that? If he did, what did Canada have to worry about? If he didn't, then it's on him.

And if he was using that Visa to live full time in the U.S., then I view that as abusing the system and it should not be acceptable, no matter what country he's from.

But yes, I think that FoxNews was so worried about click bait headlines that they didn't do a good job fully explaining the situation.
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Old 05-02-2017, 05:09 PM
 
22,923 posts, read 15,431,657 times
Reputation: 16962
Quote:
Originally Posted by Three Wolves In Snow View Post
So did he do that? If he did, what did Canada have to worry about? If he didn't, then it's on him.

And if he was using that Visa to live full time in the U.S., then I view that as abusing the system and it should not be acceptable, no matter what country he's from.

But yes, I think that FoxNews was so worried about click bait headlines that they didn't do a good job fully explaining the situation.
As I've already explained it matters not what the heck he did as regards his U.S. temporary visa and application to extend or not. It only matters as to what was his intention and likelihood of compliance to Canadian entry requirements.

Did he have a destination address?
Did he show proof of funds in the amount to support himself while visiting?
Did he have a return date specified with a ticket purchased to support that?
Did he have the required pre-authorized eTA electronic pass required by visiting Australians?

Canada wouldn't shive-a-git if he was going to be welcomed back into the U.S. or not. They can send his arse back to Australia direct if he's denied re-entry to the States.

Do any of you know what happens if you're denied entry to either country? You can sometimes but not always be extended the courtesy of simply being asked one question before the denial actually happens. Sometimes you are informed by either side that "based upon information you've provided and the deductions arrived at; it is the intent to deny your entry to "..............." and would you care to rescind your request to enter before that is done?" Whereupon; regardless, you get turned around and told to go back whence you came.

He does not have the "special exemption" afforded by reciprocal arrangement with the three north American border sharers of not having to "apply" for a visitor visa just as he did to visit the U.S. "Since March 2016, all Australians travelling to, or transiting through Canada must obtain an electronic travel authorisation (eTA) beforehand.

Canada Visa | STA Travel | Canada's visa requirements

He waited until he was about to overstay his U.S. visa to think that he'd just hop across into Canada to satisfy his requirement to leave the U.S. and didn't think about applying ahead of time for the required holiday/visitor electronic pass to visit Canada? So Canada should just suck it up and let him in.?

What is it here? Are some thinking that the mere fact he was allowed into the U.S. on a visa; that would by extension allow him to visit either Canada or Mexico without one?
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