Daily commute (Detroit-Windsor) (H1b and Canada PR)

[path_to_canada]

you are mixing up two different things. Temporary resident status refer to people living in work or study visa in Canada (not PR status basically), and doesn't refer to people who visit on PR status and go back. People in work permit/study visas have Canada live fully in Canada and have Canada as their primary residence.

We were discussing about PRs who are simply visiting and going back on same day and having those days counted for citizenship. I just told an example where someone's visit days were not counted for citizenship. If you want, you can spend all your energy visiting every day without actually living in Canada, apply for citizenship and see what happens. If you they don't consider those days, you are free to challenge them in courts and keep your citizenship app dragged for several years in limbo. Not to forget that you will be compelled to main residency obligation too for the entire time the app is open so as not to lose your PR status.

There is probably some backstory to this, I find it hard to believe that they won't consider the days based on something that isn't written in the law. Also my reply was for the temporary residence days calculation, which is also clearly stated in the law. What I have presented is the law, what you are presenting is an unverified third person anecdote.

 

[canprofus]

There is probably some backstory to this, I find it hard to believe that they won't consider the days based on something that isn't written in the law. Also my reply was for the temporary residence days calculation, which is also clearly stated in the law. What I have presented is the law, what you are presenting is an unverified third person anecdote.

you still didn't read my post clearly. Temporary residence defined there refers to people in work permit and study permit. Not PRs visiting in and out.

If you want reference from IRCC, check the second criteria from this page - https://www.canada.ca/en/immigratio...ship/become-canadian-citizen/eligibility.html . It is "

• have lived in Canada for 3 out of the last 5 years

"
It is lived in Canada and not visited Canada for 3/5 years.

I also know another person who attempted to do similar thing for 8 months (he traveled from Troy to Windsor daily thinking that he can get citizenship by visiting Canada for few hours daily without actually living) just to find out from CBSA that none of that time is going to be counted for citizenship. He gave up and moved to Canada eventually.

I am not sure what your plans are, but whatever you are attempting is to purely trying to game the system and IRCC is very particular on making sure such a thing doesn't happen. Also your idea is highly impractical too.. you will be visiting daily for 1095 days cooking up stories on both sides of border with no guarantee that it is going to work out. What will you do if they send back your citizenship application? to whom will you go and argue? If you are so confident about your interpretation of laws, then go ahead and try this and let us know how it goes after 3 years.

 

[shri.ca]

you still didn't read my post clearly. Temporary residence defined there refers to people in work permit and study permit. Not PRs visiting in and out.

If you want reference from IRCC, check the second criteria from this page - https://www.canada.ca/en/immigratio...ship/become-canadian-citizen/eligibility.html . It is "

• have lived in Canada for 3 out of the last 5 years

"
It is lived in Canada and not visited Canada for 3/5 years.

I also know another person who attempted to do similar thing for 8 months (he traveled from Troy to Windsor daily thinking that he can get citizenship by visiting Canada for few hours daily without actually living) just to find out from CBSA that none of that time is going to be counted for citizenship. He gave up and moved to Canada eventually.

I am not sure what your plans are, but whatever you are attempting is to purely trying to game the system and IRCC is very particular on making sure such a thing doesn't happen. Also your idea is highly impractical too.. you will be visiting daily for 1095 days cooking up stories on both sides of border with no guarantee that it is going to work out. What will you do if they send back your citizenship application? to whom will you go and argue? If you are so confident about your interpretation of laws, then go ahead and try this and let us know how it goes after 3 years.

I commute alternate day (e.g leave Monday morning and return Tuesday night). I have established primary residence in Canada (Home, DL etc..). I agree with your comment establishing primary residence is a major component in establishing cross-border commute and citizenship application.

If OP is on H1B and spouse is on H4 in US, the idea of visiting Canada and spending few hours and return to US (w/o establishing primary residence in Canada) is a very flawed idea. I did this for a very brief period of time and I was subjected to secondary inspection by CBP. CBP officer warned me not to commute when H4 spouse / kids are in US.

I also checked with CBSA about if alternate day commute would count towards fulfilling 1095 day mark. I did not specifically inquire about temporary residence but as a PR each day will count towards 1095 mark even if you spend partial day inside Canada.

 

[path_to_canada]

I am not sure what your plans are, but whatever you are attempting is to purely trying to game the system and IRCC is very particular on making sure such a thing doesn't happen. Also your idea is highly impractical too.. you will be visiting daily for 1095 days cooking up stories on both sides of border with no guarantee that it is going to work out. What will you do if they send back your citizenship application? to whom will you go and argue? If you are so confident about your interpretation of laws, then go ahead and try this and let us know how it goes after 3 years.

Wrong of you to assume that this is my plan. I just called out the inaccurate statement that you made about 'days before establishing a primary residence won't count.' That is plain false.

 

[canprofus]

Wrong of you to assume that this is my plan. I just called out the inaccurate statement that you made about 'days before establishing a primary residence won't count.' That is plain false.

Anyways, I showed your IRCC reference where it clearly says one should have lived in Canada 3/5 years. But you are saying visiting is fine and someone could get citizenship just by visiting Canada few hours a day every day. That's absolutely wrong..

https://www.canada.ca/en/immigratio...ship/become-canadian-citizen/eligibility.html . It is "

• have lived in Canada for 3 out of the last 5 years

you are also bringing up days before primary residence thing just now, but before the way you posted sounded as if just visiting alone was fine and have that time counted towards citizenship.

I also gave an real example where they sent back the application for including days before permanently moving to Canada. you are dismissing it as anecdote anyways.

 

[aryastark940]

Hi y'all, I'm moving to Windsor in 2 weeks, and currently, my visa stamp is expired. My new i797 A notice is valid until 09/2025 but my passport is expiring next October (10/2023). So, I'm thinking to use the AVR option every weekday until I apply for a visa stamp in Canada (dropbox) Has anyone been through this situation? how was your experience? Thank you in advance.

 

[path_to_canada]

Hi y'all, I'm moving to Windsor in 2 weeks, and currently, my visa stamp is expired. My new i797 A notice is valid until 09/2025 but my passport is expiring next October (10/2023). So, I'm thinking to use the AVR option every weekday until I apply for a visa stamp in Canada (dropbox) Has anyone been through this situation? how was your experience? Thank you in advance.

I recently used AVR for several months, never once had a problem

 

[aryastark940]

I recently used AVR for several months, never once had a problem

Thanks for your response. Could you please elaborate on your experience?
1. is it true that CBP office will cut the bottom i94 part of i797 A and staple it to the passport page?
2. what do we mention to CBP officer for first time? e.g. my current stamp is expired so i want to use AVR / valid i-94?

any other precautions to take?

Thanks!

 

[swan0206]

Thanks for your response. Could you please elaborate on your experience?
1. is it true that CBP office will cut the bottom i94 part of i797 A and staple it to the passport page?
2. what do we mention to CBP officer for first time? e.g. my current stamp is expired so i want to use AVR / valid i-94?

any other precautions to take?

Thanks!

1. I think that is no more being done at major borders. Now its all electronic. Like an year ago, they used to give a new i94 slip to visitors stapled it to the passports but now they are actually doing it electronically. This is even done at airports now. No more paper i94s.
2. You need not mention anything. Just answer the questions and they will handle the remaining. Some new/training officers might not be aware of AVR so better keep a printout of the AVR rule and hand it over to them if they look surprised!

Carry all your documents like how you go to an Visa interview.

 

[aryastark940]

1. I think that is no more being done at major borders. Now its all electronic. Like an year ago, they used to give a new i94 slip to visitors stapled it to the passports but now they are actually doing it electronically. This is even done at airports now. No more paper i94s.
2. You need not mention anything. Just answer the questions and they will handle the remaining. Some new/training officers might not be aware of AVR so better keep a printout of the AVR rule and hand it over to them if they look surprised!

Carry all your documents like how you go to an Visa interview.

Thank you, I appreciate that.

 

[aryastark940]

Hi all, I'm currently employed full-time and have my current employer's I-797 A valid until 09/2025. and I want to use AVR for border crossing as my visa stamp is expired. But, my H1B transfer petition to a new employer is also pending due to RFE now. So, is it safe to use AVR while your other petition is pending? would it flag at the border crossing or something? has anyone done this before? Thanks!

 

[shri.ca]

You should be good. Although I did not get RFE, I was able to obtain H1B transfer petition approved while commuting on AVR.

 

[aryastark940]

You should be good. Although I did not get RFE, I was able to obtain H1B transfer petition approved while commuting on AVR.

Thank you.

 

[RzeePatz2022]

Hi, I am planning to move to Windsor next week from Detroit. Is there any place or a group to look for apartments/roommates? Also, I am interested in carpooling for a daily commute from Windsor <-> Plymouth/Livonia Area in Michigan. Please let me know. Thanks.

 

[aryastark940]

Hi, I am planning to move to Windsor next week from Detroit. Is there any place or a group to look for apartments/roommates? Also, I am interested in carpooling for a daily commute from Windsor <-> Plymouth/Livonia Area in Michigan. Please let me know. Thanks.

I'm also looking for a place/roommate in the Windsor area. I'm moving around thanksgiving, and my work location is in Farmington hills. let's talk and see if we can find any common ground here.