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I had a major surgery and my mom came from Italy to support me. She is already in US under the VWP. She would like to stay over the 90 days because my recovery is taking longer than expected. We know that she cannot extend her stay under the VWP and we are wondering if it's possible and/or advisable to visit Canada (we are close to the border) to apply for the B2 visa.

What do you think? I'm not sure if as a non-Canadian citizen she can apply for visa in Canada. In any case someone who would want to stay illegally in US would not leave US to apply for a visa so I don't think the consular officers should have a problem with that.

Thanks in advance, F.

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  • To which US consulate in Canada would she apply? Which one is closest?
    – phoog
    Jun 14, 2019 at 4:18
  • The closest is Vancouver although I see there are wait times longer than 30 days. Calgary might be an option but flying to Calgary and spend weeks there sounds more expensive than flying back to Italy and back here, although that would fall into the VISA run category I suppose which is something I would like to avoid.
    – Francesco
    Jun 15, 2019 at 2:26
  • Applying for a visa in Italy would look less like a visa run than would applying for a visa in Italy. Ir's not necessary to write visa in capital letters (and some of us find it distracting). It's not an acronym but a regular word (related to videre).
    – phoog
    Jun 15, 2019 at 2:59
  • Thanks @phoog. I think you might have written "Italy" twice by mistake. Where do you think it's better to apply for the visa? Italy or Canada? Do you think writing a letter where I take full responsibility as a permanent resident for my mom not to overstay would help for the visa? Seems like many times all the paperwork is just ignored though. Thanks again
    – Francesco
    Jun 16, 2019 at 0:41
  • Indeed I did. Applying for a visa in Italy would look less like a visa run than would applying for a visa in Canada. It's better to shoot in Italy. Claiming responsibility for your mom won't help. She's an independent person.
    – phoog
    Jun 16, 2019 at 15:59

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It's certainly legal. She'll need to have a plan to get back to Italy without traveling to the US in case the visa is refused. She'll also need a place to stay on Canada for as long as a few weeks while the application is pending, of course. It might be simpler for her to use her existing flight reservation to return to Italy. If she doesn't want to stay more than 90 days for her second visit, she could even return on the VWP, though it might be safer to have a visa.

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  • Thanks for you reply. Are you saying that if the VISA is denied she cannot re-enter us even on the VWP while still within the I-94 expiration and obviously leaving on the original departure date? How long would be a reasonable amount of time to wait in Italy before flying back to US? The point is for her to be by my side ultimately.
    – Francesco
    Jun 15, 2019 at 2:27
  • If the visa is denied she might have trouble getting back into the US depending on the reason. If she's within the original period of admission, however and can show that she will leave before it expires, then she is less likely to be refused entry.
    – phoog
    Jun 15, 2019 at 3:06
  • We would go there ahead of time and within the original period for sure. I'm not sure how to prove that even if the visa is denied she would not overstay. She still has the return ticket and I can sign a paper saying I will personally make sure she leaves US when she is supposed to. I know false statements can make you lose your green card and bar you from citizenship so I believe that should be a pretty convincing one but have no clue in reality.
    – Francesco
    Jun 16, 2019 at 0:47
  • @Francesco you cannot prove beyond doubt that she will not overstay. She needs to show ties to her own country like any visitor visa applicant. Claiming that you will ensure her return will make you look desperate. Besides, it is not a credible claim: you cannot force her to board an airplane.
    – phoog
    Jun 16, 2019 at 16:03
  • You are right. I couldn't force her as a person even if she didn't want to leave. I appreciate all your support. Thanks a lot @phoog
    – Francesco
    Jun 16, 2019 at 19:32

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