Unlawful Presence & Canadian Citizens
September 26th, 2009 by Brian D. Zuccaro
SRW has learned that the Toronto PFI (Pearson) port of entry is charging Canadian nationals with unlawful presence provisions even if an I-94 with a set expiration date was not previously provided.
Under section 212(a)(9)(B) of the Immigration and Nationality Act, noncitizens who were unlawfully present in the U.S. for more than 180 days, who departed the U.S. before any removal proceedings were commenced against them, and who then seek admission to the U.S. are inadmissible for a period of three years. Noncitizens who were unlawfully present in the U.S. for one year or more who leave the country and then seek admission to the U.S. are inadmissible for a ten-year periood.
CIS guidance reads that Canadians admitted as visitors without being issued an I-94 are not subject to unlawful presence provisions. SRW has learned, however, that Canadians have been charged with a 9B unlawful presence violation if the individual confirms the overstay in a sworn statement and CBP has documentation to determine the date of entry, date of departure and class of admission.
Any Canadian that has previously spent more than six months in the U.S. on any visit should conuslt with legal counsel before applying for another admission to the U.S.
