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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 25063
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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MY GIRLFRIEND IS A CANADIAN SHE HAS STAYED 185 DAYS IN THE

Customer Question

MY GIRLFRIEND IS A CANADIAN SHE HAS STAYED 185 DAYS IN THE 360 DAYS.SHE HAS SINCE RETURNED TO CANADA ,CAN I SHE APPLY FOR A B-2 TOURIST VISA TO VISIT ME NOW
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.
Hello,my name is Judith. Thank you for this opportunity to answer your questions.
Canadians are visa exempt and they will not issue her a visa.
She can only apply for entry based on that status through the border or pre-flight inspection.
If she has been in the US for 185 days she most likely will be turned away. Canada shares her arrival information with the US and the US shares her arrival information with Canada so she cannot think that the US does not have a record of her time here. That is what is put into the electronic record when the passport is swiped.
judith
Customer: replied 1 year ago.


ARE YOU SAYING THERE ARE NO EXTENSION POSSIBLE BY NO MEANS

Expert:  Judith replied 1 year ago.
There are extensions of stay if she is in the US.
But you said she left.
So when you leave and try to come back that is applying for a new entry.
She has to prove she is not an intending immigrant and that she has a job, residence and financial ties to Canada which are a compelling draw for her to return there.
It looks like she is living here and not visiting. She is visiting Canada.
Judith
Customer: replied 1 year ago.

"IT LOOKS LIKE SHE IS LIVING HERE AND NOT VISITING.SHE IS VISITING CANADA" I DIDN'T ASK FOR YOUR ASSUMPTIONS I ASKED FOR FACTS

Expert:  Judith replied 1 year ago.
I am not giving you any assumption. That statement was based on the fact that she is spending more time in the US in a 360 rolling calendar than she is in Canada and that is exactly what the inspector looks at.
Don't shoot the messenger. I am trying to have her avoid an administrative removal which will get her a 5 year bar. If I don't tell you how the inspectors look at it I am not doing my job.
Here is the exact law:

Section 214(b) is part of the Immigration and Nationality Act (INA). It states:

Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, or at the time of application for admission, that he is entitled to a nonimmigrant status...




Judith
Expert:  Judith replied 1 year ago.
All the best and thank you for taking the time to provide a rating.
You may come back to this link anytime. I would like to hear that I was wrong and your girlfriend was admitted by the inspector.
Judith

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Judith
Judith
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34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.