Canada Law

Ask a Canada Law Question, Get an Answer ASAP!

Ask an Expert,
Get an Answer ASAP!

Canada Law

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: 1 month ago.Category: Canada Law
Show More
Show Less
Ask Your Own Canada Law Question
Answered in 1 minute by:
1/7/2018
Lawyer: Debra, Lawyer replied 1 month ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 103,042
Experience: Lawyer
Verified

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.

Ask Your Own Canada Law Question
Customer reply replied 1 month ago
Thanks
Lawyer: Debra, Lawyer replied 1 month 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.

Ask Your Own Canada Law Question
Customer reply replied 1 month 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 1 month 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.

Ask Your Own Canada Law Question
Customer reply replied 1 month 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 1 month 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 1 month 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.

Ask Your Own Canada Law Question
Customer reply replied 1 month 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 1 month 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.

Ask Your Own Canada Law Question
Lawyer: Debra, Lawyer replied 1 month ago

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

Ask Your Own Canada Law Question
Was this answer helpful?
Ask Debra Your Own Question
Debra
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 103,042
103,042 Satisfied Customers
Experience: Lawyer

Debra is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.

MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.

MikeHalifax, NS

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tom B.

Tom B.

Barrister & Solicitor

2,263 satisfied customers

25 years in practice

LawyerProfessor

LawyerProfessor

Lawyer

836 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Debra

Debra

Lawyer

103,042 satisfied customers

Lawyer

Jeremie John Martin

Jeremie John Martin

Lawyer

839 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Sokkalaw

Sokkalaw

Lawyer

312 satisfied customers

Lawyer in Ontario, Canada

CaptanLaw

CaptanLaw

Lawyer

224 satisfied customers

I'm a criminal defence lawyer, who assists individuals charged with crimes.

Mark A

Mark A

Lawyer

179 satisfied customers

Canadian Lawyer working at a Canada Law Firm

< Previous | Next >

Related Canada Law Questions
If I don't agree with a lockout violation I was given but
If I don't agree with a lockout violation I was given but didn't dispute it and have now received another lockout violation. What grounds do I have to dispute the first violation? … read more
Debra
Debra
Lawyer
103,042 satisfied customers
I had submitted insurance claims. I am in toronto. No not
hello JA: Hi. How can I help? Customer: I had submitted insurance claims JA: What state are you in? It matters because laws vary by location. Customer: i am in toronto JA: Has anything been filed or r… read more
Debra
Debra
Lawyer
103,042 satisfied customers
My landlord and I went to court through the rtdrs a
Okay so my landlord and I went to court through the rtdrs a judgement was made and I have been ordered to make the following payment on or before 6 pm on the 1st of every month rent $900 and on Feb 16… read more
Debra
Debra
Lawyer
103,042 satisfied customers
I was off last Tuesday Feb 13th from PepsiCo Foods due to
I was laid off last Tuesday Feb 13th from PepsiCo Foods due to restructuring. … read more
Debra
Debra
Lawyer
103,042 satisfied customers
I was one of the people who used oxycontin and I would like
I was one of the people who used oxycontin and I would like to know if there are any lawsuits that cover BC residents? I know about Ontario.… read more
Debra
Debra
Lawyer
103,042 satisfied customers
I need information on alberta wills, Alberta canada. My
no,my uncle has severe alzimers and we cant find his will,is there anywhere we can call to see if he has will with a lawyer somewhere? … read more
Debra
Debra
Lawyer
103,042 satisfied customers
I owe ICBC $129000 from an accident in 2010 and wish to try
I owe ICBC $129000 from an accident in 2010 and wish to try and negotiate a smaller amount and payment … read more
Debra
Debra
Lawyer
103,042 satisfied customers
I worked for a company for 26 years and then I went on
I worked for a company for 26 years and then I went on medical leave and now I am having difficulties getting Long Term Disability. Can you help with this and how much would it cost. … read more
Debra
Debra
Lawyer
103,042 satisfied customers
I need advise for dispute with strata, Vancouver BC, I
I talked to strata manager . But it seems to be ignore me … read more
Debra
Debra
Lawyer
103,042 satisfied customers
In Manitoba Canada, if a church's Finance Committee passes a
In Manitoba Canada, if a church's Finance Committee passes a motion to pay for the services of a choir Director at $25.00 every time she directs the choir during masses or during choir practices and t… read more
Debra
Debra
Lawyer
103,042 satisfied customers
We filed a Statement of Claim for damages in the Court of
We filed a Statement of Claim for damages in the Court of Queen's Bench in Alberta against 6 defendants. Two filed their defences while 4 are in default. We understand that we need to file an Affidavi… read more
Debra
Debra
Lawyer
103,042 satisfied customers
Had my Vehicle towed from visitor spot without a warning.
Had my Vehicle towed from visitor spot without a warning. Our bylaws state no parking in Visitors spot. Does council have the right to tow without notifying owners first. It is an isolated incident. … read more
Debra
Debra
Lawyer
103,042 satisfied customers
My friend is from India and wants to send his son in Canada
my friend is from India and wants to send his son in Canada for higher education in either in finance, business administration or commerce. Whats the procedure to apply. What eligibility they need to … read more
Debra
Debra
Lawyer
103,042 satisfied customers
I moved from Ontario to New Brunswick and the movers
I moved from Ontario to New Brunswick and the movers delivered our items one month after agreed-upon date. We only had what we had in our car and had not planned for this so we had to buy a bed, cooki… read more
Debra
Debra
Lawyer
103,042 satisfied customers
Is this service paid or free? How do i start? No. I am
No . I am applying for Canada immigration through express entry … read more
Debra
Debra
Lawyer
103,042 satisfied customers
How much will this cost. I have a pr application in process
I have a pr application in process and it's say 61 days on the processing times I assume that 61 working days they started working on ours on sept 18th 2017 so I take it that it's late is that right because I'm getting told all sorts of times. This is our first ever pr application … read more
Debra
Debra
Lawyer
103,042 satisfied customers
Is there a limitation on the crime of perjury by a public
Is there a limitation on the crime of perjury by a public employee of the federal CRA agency? Thank you … read more
Debra
Debra
Lawyer
103,042 satisfied customers
I would like to change the child support amount and custody
Hello! I would like to change the child support amount and custody of my children that were finalized on our separation agreement. We had used our own lawyers to finalize it. Once the agreement was co… read more
Debra
Debra
Lawyer
103,042 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x