Lairdside

Originally posted by Folinskyinla
    > Hi:
    >
    > To add to
the confusion, it is actually uncertain as to how long a Canadian entry
is good for in matter of time. Arguments can be made for six months,
one year, or no set time at all.
    >
    > Two years back, I repesented an
alien in an IHP removal hearing. The INS had charged him with being
deportable as an "aggravted felon." The upshot was that his conviction
was not for an "aggravated felony" but he was deportable nonetheless.
Our goal was to actually get a final order of removal so he could be pub
across the border into Canada ASAP after completing his sentence thereby
avoiding later INS detention and preserving his right to apply for a
212(h) waiver at a later time.
    >
    > The IJ, the TA and I had a detailed
sidebar to fashion a charge of removablity -- we discussed an "overstay"
and we all argreed that the law regarding Canadian's provided NO time to
expire -- we finally agreed that his conviction was for a CIMT and we
stipulated to that.

Thanks Mr F.

Mr Ben, that's the
difference qualified and experienced counsel can make :)

Rete

Originally posted by MrBen
    > Thanks for the info - it's
interesting (but complicated).
    >
    > So it would take a judge or an
immigration officer to examine my situation and subsequently determine
that I have overstayed my welcome before I am officially here
unlawfully. (?)


Ben

Your overstay of a few days, weeks or
even 2 months is not an issue with your filing for adjustment of status.
Nor should it be an issue if you chose to apply for and use Advance
Parole to return to Canada to pickup your belongings and close out your
life up there in person.

A ban on overstay kicks in on day 180 and you
are well under that number so personally, if it were me, I would not
worry unduly about it.

As for Ms. Lairdside's comment on the her need
for police clearance from a foreign country while she was adjusting
status from the VWP, in all my years here on this newsgroup (over six
years now) her is the first and only instance that I have seen that this
was required. I've never seen it required of a Canadian and there are
quite a few of you here married to us US citizens.

I also understand
why you took your time in applying. There are other reasons which some
posters might find as a validation of your "slowness" in applying and
one of those would be the length of time it takes to obtain a long form
birth certificate from Canada. It takes months to accomplish in some
areas. I recall it took several weeks for my husband to get his newly
required bc from Quebec for his new passport since the one issued in
1941 is considered unusable.

Don't recall if you told us what USCIS
district office you will be using. Here's hoping it is one of the more
expeditant ones and that your wait for adjustment is not a long drawn
out one.

Rete

MrBen

Originally posted by Rete
    > Ben
    >
    > Your overstay of a
few days, weeks or even 2 months is not an issue with your filing for
adjustment of status. Nor should it be an issue if you chose to apply
for and use Advance Parole to return to Canada to pickup your belongings
and close out your life up there in person.
    >
    > A ban on overstay kicks
in on day 180 and you are well under that number so personally, if it
were me, I would not worry unduly about it.
    >
    > As for Ms. Lairdside's
comment on the her need for police clearance from a foreign country
while she was adjusting status from the VWP, in all my years here on
this newsgroup (over six years now) her is the first and only instance
that I have seen that this was required. I've never seen it required of
a Canadian and there are quite a few of you here married to us US
citizens.
    >
    > I also understand why you took your time in applying.
There are other reasons which some posters might find as a validation of
your "slowness" in applying and one of those would be the length of time
it takes to obtain a long form birth certificate from Canada. It takes
months to accomplish in some areas. I recall it took several weeks for
my husband to get his newly required bc from Quebec for his new passport
since the one issued in 1941 is considered unusable.
    >
    > Don't recall
if you told us what USCIS district office you will be using. Here's
hoping it is one of the more expeditant ones and that your wait for
adjustment is not a long drawn out one.
    >
    > Rete

Thanks
Rete. I'm sure I'll be just fine.

I'm in Texas, so it will be (I
assume) the Dallas office. I've read on here that they're normally
pretty on the ball.

Long form birth certificate? I still haven't looked
at the paperwork yet for AOS, so I didn't know that was required. (I'm
starting the paperwork in a few days.)

I guess I'm lucky. I applied
many years ago for an educational visa for the US (2-month course), and
I still have that original birth certificate, and I even have it here in
Texas! It's a full page, as opposed to my simple wallet card (the
"original"). I'll confirm that it's the long form version that I need.


This is such a helpful forum.