Roy or Uniden Pls. Help! Denied Visitor Extension

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Subject: Roy or Uniden Pls. Help! Denied Visitor Extension
  Roy or Uniden Please Help. I´m writing on behalf of a very dear friend who is in desperate need. She is from the States and came here to Canada to visit friends the last part of(2005). She went back to the states early 2006 for a family funeral. She wanted however to return to continue her visit in Canada. When she returned to the port of entry, she was given a paper mandating that she must leave on a certain date. I believe she returned from the states around April, and was issued a paper saying she must leave by a certain date. Unable to leave by this set date, she filed for an extension on her visitor record and paid the 75.00 fee for this. An officer wrote back denying the extension with the reason that he was not satisfied with reason for extension (which was to continue vacation with friend) and that she must leave Canada immediately. Thus, she has overstayed her visitor visa and is unsure of what to do. Could she apply for restoration of status (200.00) after staying over 8 months from original departure deadline? Also, is she needed to go back to the states, would the port of entry personnel know that she did not leave Canada when asked to do so? What questions would they ask her when she does go back to the states? She has no passport so would they even know that she overstayed her visit and would there be any repercussions for this. She may have to return to the States soon because her father is ill and is unsure of what to expect when going across the border back to the states. She has no criminal record in U.S. or Canada. I sincerely hope you guys could help us as you have offered wonderful help and insight for others and we are worrying every day over this.
Much Thanks
Shelly

[15-02-2007,22:20]
[***.102.53.112]
Shelly
(in reply to: Roy or Uniden Pls. Help! Denied Visitor Extension)
Sorry, this is out of my range. Maybe Roy can help.

Honestly, just in my unqualified opinion, I believe that going back to the US ASAP and returning to Canada at a later time (since US citizens do not need a visa), is a much better option than sliding into deeper illegality.

If it were me, I would leave right now to see my father in the US, then attempt to return to Canada ASAP. What is the worst thing that can happen? Being denied entry?

I may be wrong, but I am not sure you can even regain legal status from within Canada if you overstayed.

Please do not take my words as advice! I am not qualified in any way to give you advice. I know a little bit about Canadian immigration, but only because I am an applicant for permanent residence myself, and my knowledge mostly pertains to the skilled worker program.

Best luck to your friend!

[15-02-2007,23:12]
[**.8.64.44]
Uniden
(in reply to: Roy or Uniden Pls. Help! Denied Visitor Extension)
Shelly

Something is missing in this post and that is the reason for the LONG VISIT! I think a relationship of sorts is involved here where one person is having trouble committing to your friend.

Also I´m assuming she drove across the border so since they have plate readers they now exactly how long the vehicle has been in Canada aka the driver aka your friend.

Now with no passport your friend is not flying back.

If your friend goes back she will be denied re-entry because CBSA will have evidence to show that her visit is something more then temporary in nature. CIC will never re-enstate her visitor status and her father is ill.

Being here for so long without authorized employment either means she is well off or she has a super cash job. Then again she could be living common-law with someone so commit to her! Nothing else will make her status legal.

Good Luck.

Roy

[16-02-2007,07:12]
[**.52.216.137]
Roy
(in reply to: Roy or Uniden Pls. Help! Denied Visitor Extension)
There´s more to this story than you´re letting on, and we really can´t help to give your friend any direction when we have to speculate. Normally a Visitor Record is issued when the IO feels there´s a good reason to allow a US visitor to stay in Canada longer than the normal 6 months allowed, or when the IO wants to limit the amount of time authorized to less than 6 months. The fact that your friend ended up in the company of a secondary IO in the first place speaks to some sort of irregularity with the situation. I´m going to assume the VR was issued to limit the stay to less than six months. She applied for an extension, which was refused, and so she overstayed. Not much hope for a restoration of status, I´m afraid - don´t waste the $200. Whatever it is that´s drawing her to Canada and compelling her to overstay needs to be resolved. If there is a significant relationship in Canada and, as Roy suggested, maybe somebody´s not willing to make a commitment, this is "make or break time". At this point it doesn´t seem likely that Immigration Canada knows she hasn´t left. But the issue that gained her the company of the secondary IO in the first place will come up again next time she tries to enter Canada - and she´s playing with fire. CIC doesn´t play games and she very well could get herself excluded from Canada if she pushes this issue. Write again if you´ve got any more info.

She needs to get back to the States immediately, and get her affairs (including a passport) in order, AND she needs to resolve whatever the issues are that are drawing her to Canada and compelling her to break the law.

[16-02-2007,19:08]
[**.142.9.210]
oromum
(in reply to: Roy or Uniden Pls. Help! Denied Visitor Extension)
There are some 400,000 undocumented workers in Canada and millions in the USA. She was sent into secondary BECAUSE she had been in Canada for a long time on the first visit and then went home for a funeral and turned around and came back Oromum.

Now Shelly the real reason for your friend to overstay like soooo many others is ROMANCE right so tell her partner to sponsor her.

Roy
www.cvimmigration.com

[16-02-2007,20:37]
[**.52.217.52]
Roy
Response RE: Denied Extension VR (in reply to: Roy or Uniden Pls. Help! Denied Visitor Extension)
First of all, thanks to all for your time and help in this matter. In response to a few questions. First, my friend initially came to Canada with another person who drove her across the border in their car, not my friends, as she was only a passenger. Then, yes, she stayed maybe 4 months before having to return home to the states for a funeral and then when coming back to canada only after about 10 days in the states, that is when she was issued a paper requesting her to leave at a certain time, allowing her maybe another month´s time here. Roy, you are correct about the Romance. That is the only reason she has remained here in canada. However, her partner does not have a job (receives disability). Would her partner even be able to sponsor her if Canada determines there is not enough income to do so. Also, if she were to go back to the states, would there be any trouble leaving Canada to re-enter the state side or would there only be complications trying to return to canada once she leaves. She feels stuck. Would she even be safe returning home. When trying to re-enter states, what questions would they ask her? Would they ask her how long she´s been here in canada, would the states side know that she overstayed here stay or could she just say she´s been visiting a month or so and is returning home? I think she is really contemplating going back home to be with her ill father. I know this is a lot of stuff to throw at you guys but you seem to be the only ones willing to offer help. With this all in mind, let´s also consider financial support. She´s had money to support herself while here, but has also been looking into getting a work visa. But, one of the stipulations on her VR is that she cannot obtain work, school, etc. while visiting. She was also told that she had to apply for work visa outside of canada. Would she have to go back to the states to do this? (wanna pull my hair out right now). Main question is would she have any trouble trying to go back home to the states when crossing over the border or only if she tried to come back to Canada? What would you do Roy, if you don´t mind me asking your opinion? Thanks to all again for taking the time. Much appreciated.

Thanks again,
Shelly

[16-02-2007,22:02]
[***.102.84.115]
Shelly
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