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  #1 (permalink)  
Old 11-12-2007, 07:08 PM
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Default Leaving US for good to Canada by LAND - Where to return I-94?

Hi,

I am currently on H1B and my 6 years is ending later this year. I have a Canadian PR and planning to move to Canada permanently before my H1 visa ends.

As I will be exporting my car I am planning to leave US by "Land"- mostly via Blaine,WA - Peace Arch border to enter BC, Canada.

The question I have is : where to return my I-94 (expired and the extended one that came with I797) when I leave by LAND as there are no "US CBP agents/office" when we leave US by land. I went through US CBP website and find that there is a process to send I-94 after leaving the country to "ACS - CBP SBU , KY".
Unfortunately as I will be entering as a Canadian PR, there will not be any stamp in my passport to record my entry to Canada and hence won't be able to prove to "ACS - CBP SBU , KY" my date of departure from US. The reason I am worried is that I don't want to get in to any overstay issues if I need to come to US in future.

Any thoughts/suggestions on how I can overcome this issue and record my departure correctly when leaving US via LAND?

Thanks in advance.
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  #2 (permalink)  
Old 11-12-2007, 07:20 PM
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Default Take a U turn

You can enquire with the Canadian authorities if they will collect it and pass it on the US post. If not you can take a U turn once you enter Canada and go back to US to give them the I-94 and take a U turn again to re-enter Canada.

Last edited by jatinr; 11-12-2007 at 07:22 PM.
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  #3 (permalink)  
Old 11-12-2007, 07:28 PM
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Default Hold on

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Originally Posted by jatinr View Post
You can enquire with the Canadian authorities if they will collect it and pass it on the US post. If not you can take a U turn once you enter Canada and go back to US to give them the I-94 and take a U turn again to re-enter Canada.
Hold on a second. Taking U-turns on the willy-nilly just like that is not something you can do at the land border. Once he is in Canada, I think he will need valid visa or advanced parole (I dont think he has AP since he hasnt applied for GC at all). So he cant just "Make a U-turn" and if he does, US wont allow him to enter without a visa/AP.

Others, who have used Auto-matic visa revalidation based on I-797 and without current visa stamp, please weigh in on this issue.

I think you should contact a good lawyer because I dont think USCIS customer service is trained to answer this question.
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  #4 (permalink)  
Old 11-12-2007, 07:31 PM
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Default

Thanks Jatinr for your inputs.

Unfortunately, Canadian authorities don't take I-94 as it is nothing to do with them and don't pass it to US CBP.

Even if I come back - may walk to US border point to return I-94, the issue is not returning I-94 alone it is the date of leaving as there won't be any stamping or any record of leaving.
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  #5 (permalink)  
Old 11-12-2007, 08:44 PM
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Default Thanks Rajesh.

Thanks Rajesh.

I was trying to find out if there are any other options to record my departure date and returning I-94 when I leave US by LAND.

Looks like the only option for people leaving by Land is to send the I-94 to "ACS - CBP SBU". In my case, I will have to send this along with details proving my stay in Canada after leaving US.
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  #6 (permalink)  
Old 11-12-2007, 09:10 PM
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Default

You should have done this at least 6 months before your I-94 expiry date so that you could have used automatic Visa revalidation to reenter US after which you could have handed over your I-94 and left Canada by plane.

Now that you're running out of options, my suggestion is that you leave US by plane and find alternatives to transport your car. This is a surefire way to get your records updated.

Don't even bother about following up with attorneys or mailing the documents to "ACS - CBP SBU" as it's all time consuming and complicated. If the CBP didn’t update their records due to whatever reason, then the onus is on you to prove that you didn’t overstay your I-94.

Refer http://www.amcits.com/form_i-94.asp and search for “What If No One Takes Your I-94 Form Upon Departure”
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Last edited by americandesi; 11-12-2007 at 09:29 PM.
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  #7 (permalink)  
Old 11-12-2007, 09:38 PM
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Default Geez

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Originally Posted by americandesi View Post
You should have done this at least 6 months before your I-94 expiry date so that you could have used automatic Visa revalidation to reenter US after which you could have handed over your I-94 and left Canada by plane.

Now that you're running out of options, my suggestion is that you leave US by plane and find alternatives to transport your car. This is a surefire way to get your records updated.

Don't even bother about following up with attorneys or mailing the documents to "ACS - CBP SBU" as it's all time consuming and complicated. If the CBP didn’t update their records due to whatever reason, then the onus is on you to prove that you didn’t overstay your I-94.

Refer http://www.amcits.com/form_i-94.asp and search for “What If No One Takes Your I-94 Form Upon Departure”
Geez...you cant even abandon this country in peace. Even after you give up on your greencard process and relocate your life to another country, there is still a complicated mess of paperwork to be done - mail I-94 here, fill this form, fill that form, prove that you didnt overstay your stay, this whole new thing about Kentucky where I-94 needs to be mailed, and worst case, you have to come back again and take a plane just so someone would collect this stupid little piece of 3rd grade recycled paper card called the I-94 ? WTF ?

I'd be mad at this process and if I was leaving this country for good, and if they told me that I have to take a airline flight just so the might lords of CBP would be kind enough to collect my I-94 that they wont collect on the land border on highway, then I would not go thru that maze and mail that I-94 to Kentucky or wherever the hell is that place and leave it be.
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  #8 (permalink)  
Old 11-12-2007, 09:52 PM
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Default Any one with Sept 12th 2007 recpt date got AP?


Hi
Did Any one with Sept 12th 2007 recpt date got AP? Please let me know.

I got my EAD and fingerprints and still waiting for my AP.
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  #9 (permalink)  
Old 11-12-2007, 11:48 PM
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Default

Canada is a great country, I am sure there are plenty of good trash cans all around the country, surely they can hold a small litte I94.

Or how about getting your I 94 framed and selling it on ebay?

Relax..............have a great future in Canada...

Last edited by rajuram; 11-12-2007 at 11:49 PM. Reason: typo
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  #10 (permalink)  
Old 11-13-2007, 12:15 AM
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Default

Quote:
Originally Posted by GC_hope_2006 View Post
Hi,
The question I have is : where to return my I-94 (expired and the extended one that came with I797) when I leave by LAND as there are no "US CBP agents/office" when we leave US by land. I went through US CBP website and find that there is a process to send I-94 after leaving the country to "ACS - CBP SBU , KY".
Unfortunately as I will be entering as a Canadian PR, there will not be any stamp in my passport to record my entry to Canada and hence won't be able to prove to "ACS - CBP SBU , KY" my date of departure from US. The reason I am worried is that I don't want to get in to any overstay issues if I need to come to US in future.
Thanks in advance.
When you handover your I-94 to the airline staff there is no recorded evidence of when you handed it over, there is no date stamp per se. Some airlines will not even take it out, esp. if you are travelling to Canada unless you ask them to. Also there is no gurantee that when airlines collect the I-94 it will indeed reach CBP at KY. As far as the entry stamp of the country you are visiting/moving that may not be clear enough to show that dates and some countries will not even stamp passport if you are a PR. Besides USCIS might or might accept it as an evidence of departure. US and Canada do not stamp the passport upon entry for Permanent residents.
The point of all this is, there is no certain way of showing that you have departed with-in the duration of stay. Sometimes USCIS takes boarding pass as the evidence. I think you should just take it easy, go to Canada and send the I-94 that is acctached to your H1-B on the same day with a post mark and make a copy of the receipt etc. That post mark from Canada is an evidence that you were actually in Canada mailing the damn I-94 on your first day of arrival. Other evidences could be the entry receipt of the Car that you will be taking to Canada (not sure about this though).
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  #11 (permalink)  
Old 11-13-2007, 11:31 AM
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Default

Dude, You can use I-94 card as a toilet paper when you take the very first exit in Canada. You are leaving for good! Do not worry about it. Meanwhile, congratulations for taking this bold step and moving to Canada after 6 years of H1-B. I wish you well.

Last edited by kumar1; 11-13-2007 at 11:33 AM.
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  #12 (permalink)  
Old 11-13-2007, 01:49 PM
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Default Port of Entry

Please make sure you use your credit card wherever you get a receipt with your signature on both sides of the border to prove that you have left the country and the dates on the receipt will verify the same.

Taking your car to Canada is useless as you will end up paying CAD 200 just for processing and then even though your car is good for Canada it will not pass the testing in that country which has to be done within one month of entry. To do the modifications it will cost you hell. I have experienced the same and got fed up and then reexported my car back to US only by sending them a notarized letter saying the car is back in US. I have PR card and went to Canada only temporarily to make my time to re validate my PR, now I am in US

When the officer at the Canadian side will fill up the import form for all your personal goods , you can ask him to stamp your passport which will prove your stay and time in order to obtain the Canadian Citizenship.

Dude nothing is rosy in Canada as there are very little jobs and highly qualified people are driving Cabs and doing laborer's job.

Good luck to you.
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  #13 (permalink)  
Old 11-13-2007, 03:59 PM
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Default Inform SSN Office

Inform to SSN Office that you are leaving the country. It will make sure that nobody if steel your identity misuse your SSN. If some point in future if you return to US your credit history will not be bad.

Just send a letter for address change to US Imme office also get stamped in your passport about border crossing at US point.

I also had Canada PR but can not find a good job so cancelled it. I found that India is far better than Canada.
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  #14 (permalink)  
Old 11-13-2007, 05:12 PM
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Default

Quote:
Originally Posted by rajuram View Post
Canada is a great country, I am sure there are plenty of good trash cans all around the country, surely they can hold a small litte I94.

Or how about getting your I 94 framed and selling it on ebay?

Relax..............have a great future in Canada...

Quote:
Originally Posted by kumar1 View Post
Dude, You can use I-94 card as a toilet paper when you take the very first exit in Canada. You are leaving for good! Do not worry about it. Meanwhile, congratulations for taking this bold step and moving to Canada after 6 years of H1-B. I wish you well.
It's ridiculous how people start to bad mouth everything related to US once they get a PR from another country, especially Canada. It’s like kicking off the same ladder that you used for climbing.

1. You gained entry into US with the “toilet paper”.

2. The “toilet paper” allowed you stay legally in this country.

3. The legal stay enabled you to apply for Canadian PR from Canadian Consulate General in Buffalo where the processing time is less than 2 years.

4. The legal stay enabled you to earn sufficient funds which you showed as proof of funds in your application papers.

5. The legal stay enabled you to get police clearance certificates from FBI and also from your country’s consulate in US.

Now let’s say you didn’t have this “toilet paper” and applied for Canadian PR for India.

1) You would only be eligible to apply from Canadian Consulate General in NewDelhi where the processing time is more than 5 years.

2) If you are from a middle class background, then you would have a hard time in providing the proof of funds for a family of 4, with your earnings from India.

3) You would have to grease the palms of police to get police clearance certificates and they are gonna take their own sweet time to provide you these documents.

Now be thankful that you got away from all these with the “toilet paper”. And remember that you are leaving to Canada not because of your love for the country, but because you didn’t get your US GC on time. Sour grapes, huh?

I know that i will be getting red dots for this post from hypocrites and I don't give a damn about it. All I can say to them is "Instead of pressing your finger against the mouse, press it against your forehead and think about the benifits that you milked from this country".
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  #15 (permalink)  
Old 11-13-2007, 06:21 PM
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Default You Can

Hi,

I have become a PR in year 2004. Here is my experience.

Pulled my vehicle aside well ahead of the toll gate.
(I knew if i cross that toll that means i left USA.)
Informed cop/securitythat i am leaving USA for good and need to resturn I-94 to CBP. He asked me to park near the Duty free store and showed me an entrance for CBP.
CBP offcier asked the following things.
1. Where are you going ?
A. Landing to become canadian PR.
2. Will you come back ?
A. No. I will reside in Canada.
3. Give me your passport.
A. Gave him the passport (He looked at PR Visa)
4. Note down this I-94 number. For some reason if you decide to come back in less than 30days, make sure you give this number to CBP here if you dont get USA visa stamped in the passport.

Went to the canada immigration. They stamped in the passport as
" LANDED IMMIGRANT AS OF 11/24/2004 ". Asked me to show the title of the car on my name (They verified that i dont have any loan pending on it).
Asked about goods to follow. I told them. I am not going to bring any thing, i will buy in canada. They asked for proof of funds. I showed bank letter and some certified checks. Thats it.

Every border has CBP. Their building will be facing to wards Canada as their main work is checking the incoming traffic. How ever its our responsibility that we reach them and submit I-94.

WELCOME TO CANADA. WISH YOU BEST OF LUCK.
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