Applying for Canada visitor visa while extension of stay in US pending
A traveler entered the US to visit family on a B-1/B-2 visa, and filed Form I-539 (Application to Extend Nonimmigrant Status) to extend his stay before the initial stay-until date on the admission stamp expired. Subsequent to the application, he has received Form I-797C (ASC Appointment Notice) to provide biometrics, which he has completed. The initial stay-until date on the admission stamp has since expired. Currently his case status on uscis.gov is "Case Was Updated To Show Fingerprints Were Taken".
Will the traveler currently be eligible for the Canada visitor visa, while his extension of stay in the US is pending? In his Canada visa application, should he put his home country or the US as his "country of residence" (field 7)? For the "country where applying" (field 9), should he use the date he entered the US as the "from" date and the requested end date of his US visit (on US Form I-539, pending) as the "to" date?
Best Answer
Will the traveler currently be eligible for the Canada visitor visa
If the traveler is otherwise eligible, I don't know of any Canadian rule specifically denying eligibility in this situation.
In his Canada visa application, should he put his home country or the US as his "country of residence" (field 7)?
Home country, he's a visitor in the US.
For the "country where applying" (field 9), should he use the date he entered the US as the "from" date and the requested end date of his US visit (on US Form I-539, pending) as the "to" date?
Yes
Pictures about "Applying for Canada visitor visa while extension of stay in US pending"
What if I file on time for visa extension but I leave the America before USCIS makes a decision on my application?
If you leave the U.S. before a decision is made on your application to extend and you plan to return to the U.S. in the future, please keep a copy of your application plus the receipt notice to show to the Immigration Inspector on your return travel to the U.S. Otherwise, you may be denied entry for overstaying on your ...What happens if I leave the US while my I-539 is pending?
If you travel abroad while a change of status application (I-539) is pending, USCIS considers the application abandoned and will reject it. You will need to go to a U.S. embassy or consulate to apply for a new visa to re-enter.Can I apply for a Canadian tourist visa while visiting the US?
Can I apply for a visitor visa at the local visa office? If you are applying on paper we recommend that you apply for a visa from your home country. However, if you are legally admitted to the country you are currently in, you can apply at your nearest visa application centre (VAC).How long can I stay in the US while my I-539 is being processed?
What If My Form I-539 is Pending and My I-94 Expired? If you have filed for an extension before your I-94 expired date and your application is still under review, you may stay in the U.S. for 240 days. You need to have followed and continue following the terms of your status.What To Do If You Leave The US While Your I-539 Extension of Stay Application is Still Pending
Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.
Images: Javon Swaby, Ryutaro Tsukata, cottonbro, Los Muertos Crew