Extension for Canadian in NYC on summer vacation.

[hibernate]

Hello,

I am a Canadian who came to NYC for the summer for a vacation. I attempted to drive down through Buffalo, but when they saw my music equipment they assumed I was going to play gigs in the U.S., and denied me entry. They told me I have to prove I have enough money to NOT work for 3 months in the US, and gave me a list of things I need to prove it.

So the next day I booked a flight, and went to the airport with NO musical gear, and ALL the proof they asked for. They let me in, but only for 1 month. My sublet in NYC however is for three months and thats how much I prepaid, and how long I wish to stay.

I want to file for an extension to my I-94. However, it will expire in about 3 weeks and then I will have to leave the country. I heard that the extension can take months to process. My question is this: do I still have to leave the country even though my extension is being processed? I heard from a couple sources that I can stay until I actually receive their answer...but I also heard from another source that this rule doesnt apply to me for some reason.

Also, any suggestions on the best way to approach the extension (what to say or write etc) would be greatly appreciated.


Thank you immensely,

Joey

[kabkaba]

You can stay while your extension application is pending as long as it was received by USCIS before I-94 expiry. However, if denied your illegal presence is counted from I-94 date.

[hibernate]

Wow, ok.

So that means if they deny it, and when they do its 2 months after the expiry of the I-94, they will look at it like I was here unlawfully for 2 months? What would be the penalty for that in terms of being able to return to the country?

[kabkaba]

180 days of illegal presence = 3 year ban on returning
1 year = 5 year ban on returning

[hibernate]

So does that mean that if I overstay for 60 days there is zero penalty?

[hibernate]

Would it be better if I actually spoke to an immigrations officer to get advice or something? Or would you advise that I just filed the application online and thats it? I just want to make sure I don't mess this up...I know they can be very finicky, so I figured if I can get some advice on what to say it would improve my chances.

[kabkaba]

You can consult an immigration lawyer if you want.
You can file online and send the supporting docs by mail.

[hibernate]

Ok I have 2 more questions. I understand that I have to mail them some documentation, such as a copy of the I-94. Regarding that:

1. Should I also mail them things like bank statements to prove that I have enough money to abstain from working in the US, and proof of residence in Canada such as property taxes or utility bills?

2. How long will it take for them to receive the documents I mail them?
My I-94 expires July 2nd, and I can mail the documents tomorrow.

Thank you so much.

[kabkaba]

Ok I have 2 more questions. I understand that I have to mail them some documentation, such as a copy of the I-94. Regarding that:

1. Should I also mail them things like bank statements to prove that I have enough money to abstain from working in the US, and proof of residence in Canada such as property taxes or utility bills?

That can help. Write a truthful and convincing cover letter too.

2. How long will it take for them to receive the documents I mail them?
My I-94 expires July 2nd, and I can mail the documents tomorrow.

The date you file online is considered as receipt date. Documents can be mailed in the next 1-2 weeks or so.

Thank you so much.

See above.

[hibernate]

I just started filling in the form today. They refer to 'since your last visit to the US' and 'when was your last visit to the US?'

Does this mean the VERY last time, as in when I crossed the border last? Or does it mean my last time BEFORE this time being in the US?

[kabkaba]

The last time you entered the US.

[hibernate]

Ok this is just strange, and I dont know what to do. I finally filed the online I-539 form, but when I went to pay the filing fee, it didnt allow me to select a canadian province for the visa information! All it said was 'select state'. Does this mean I have to use an american Visa? that doesnt make any sense.

Any help here is appreciated.

[kabkaba]

Where was this exactly? Payee information on the credit card page or where?

[hibernate]

Yes exactly. After the form is filled out and certified, they ask you to choose your method of payment. I chose Visa. The very next page is for filling in the cardholder information, and there is no way to choose a Canadian address. So now I am majorly stuck, because the address on the card is canadian, of course.

[kabkaba]

Try using a US resident friend's card.