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I asked for an extension of my tourist visa, which I

Customer Question
I asked for an...

I asked for an extension of my tourist visa, which I received but now I am staying longer then date that is approved without having asked for a new extension aBout 15 days longer

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

Visitor in Canada

Lawyer's Assistant: Has anything been filed or reported?

No. I asked for an extension 4 months ago. It was approved till 15/12 and now it's 07/01 so I wonder if there are consequences if I leave within 30 days after the last approval that's what I found, that there is a 30 days window in fact I thought the extension was expiring in january in stead of december

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That I plan to go to the states this week and come back the same day to hope to get a new stamp, and that I wonder if this is a good idea.

Submitted: 7 months ago.Category: Canada Law
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1/7/2018
Lawyer: Debra, Lawyer replied 7 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,001
Experience: Lawyer
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Customer reply replied 7 months ago
Thanks
Lawyer: Debra, Lawyer replied 7 months ago

I am sorry to hear of this difficult situation.

Leaving and coming back will not likely work. If you don't have a multiple entry visa it is not likely that the border officer will let you in at all. You have to apply for a new visa before traveling.

If you apply for another extension you will be deemed to have what is called implied status which means you can remain lawfully until you hear back. You have to apply before the visa expires and so that is what you will have to do.

You can always remain and hope you don't get caught but if you do you will be told to leave and have a much harder time coming back.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 7 months ago
Hi,* the extension of my visa expired on 15/12
So I think I cannot ask for an extension again ?* I understand I have a 30 days window to leave after this day, correct ?*Leaving and coming back will not likely work. If you don't have a multiple entry visa it is not likely that the border officer will let you in at all. You have to apply for a new visa before traveling.I don't understand this. The moment I leave Canada, I understood my status was cured.
Why wouldn't they let me in at all then ?
Lawyer: Debra, Lawyer replied 7 months ago

You will need a new visa to re-enter.

There is no such thing as having a 30 day window. If the visa expires you are in Canada unlawfully.

If the extension was only until December 15 then you are already here unlawfully. It is not likely that you will be able to leave and re-enter after having overstayed and without a visa.

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Customer reply replied 7 months ago
What you mean with a new visa ?I am from Belgium, when I come here I don't need to ask for anything in particular.* And do I need to leave the country to get a new visa, or is it something I can do from within ?* And what I found is that my overstay is 'cured' when I leave the country,
I thought about taking a small border crossing and going to the states and going back.
You say it is unlikely, but is it possible too ?
Customer reply replied 7 months ago
Additional question:
there is no border exit stamp when I leave Canada by car.
Will the Canadian Immigration find out that I overstayed when I leave from the US ?
Lawyer: Debra, Lawyer replied 7 months ago

You told me you had a visa. You don't need a visa if you are a citizen of Belgium.

This changes the answer completely. You don't have a tourist visa at all.

So yes it very well may work if you leave and try and re-enter.

But the idea of your leaving curing the issue is not correct. It is correct that if you leave and re-enter the time starts over. But if you have over-stayed and they find that out you will not be permitted to re-enter.

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Customer reply replied 7 months ago
Thank you for the reply.'But if you have over-stayed and they find that out you will not be permitted to re-enter.'Is this a black or white decision?
I mean, if I could show that I have ticket or reservation for a flight leaving Canada
a few weeks later, is possible that they will grant me a temporary stay ?
Or does overstaying per definition equals refusal to entry ?There was the additional question:
there is no border exit stamp when I leave Canada by car.
Will the Canadian Immigration find out that I overstayed when I leave from the US ?
Lawyer: Debra, Lawyer replied 7 months ago

They may not find out but if they ask you when you entered and when you left and you lie and that is discovered you will be banned from re-entering Canada.

As well, if they find out it is hard to get in because they will think you will overstay again.

So for sure bring all the proof you have to show how long you overstayed, that it was an error and you have your return ticket.

Generally, the law is always that you cannot enter with the intention of remaining and that will be the concern here. It's not just that you overstayed a bit but also because if you leave and reenter it becomes worrisome that you are intending to remain.

So be sure you can show strong ties to back home.

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Lawyer: Debra, Lawyer replied 7 months ago

Is there anything more I can help you with at this point in time?

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