180 Days/6 Mos

wildflowers
New Member



Joined: 26 Jun 2008
Posts: 3

Posted: Thu Jun 26, 2008 4:56 pm

 

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Hello,
This is my first time to post here.
I've been travelling back and forth
to the States since November of last
year when my 2 yr old nephew was
diagnosed with brain cancer. Am
a canadian citizen and am planning to
go back in the States in August but
what I would like to know is when do I
start counting the 180 days, this
August or I have to include all the
days that I have been there since
January?

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1126
Location: North Carolina

Posted: Fri Jun 27, 2008 3:04 am

 

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Generally speaking its 6 months per calendar year, or per trip whichever comes first (ie:if you go in November and stay til April)

How have you been travelling there? By car over land POEs or by air? If you've been going by land there is likely no record of your coming and going, so its an honour system.

If you've traveled by air, then there is record of your coming and going (logged your ID at the airport).

The length of time a Canadian can stay in a calendar year is up to interpretation by immigration employees at the border. Depending on their mood, they may allow you to stay 6 months or they may consider previous trips and only allow you to stay 2 weeks.

Sorry, it really isn't any clearer than that, even if you ask an immigration employee.

I'm very sorry about your nephew, I hope he recovers well.
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wildflowers
New Member



Joined: 26 Jun 2008
Posts: 3

Posted: Fri Jun 27, 2008 4:54 pm

 

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Thank you for your reply. To answer your question, I've been travelling by air all those times to be with my nephew, usually gone for the weekend or at the most 6 days when I'm there during one of his chemo sessions. I don't have any plans of relocating in the States, I just want to be with him while he is recovering.

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1126
Location: North Carolina

Posted: Sat Jun 28, 2008 5:48 am

 

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If you've been travling by air, then they'd have record of all your entries. If it were me, I'd count all the days you've been in the US since the beginning of the year to calculate your 6 months.

If you wish to stay longer periods, there may be a way to extend your visitor status on compassionate grounds, but I'm not sure.

I know there's info on the 6 months rule on one of either the department of state and/or CBP websites, but for the life of me I can't find it anymore.
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voyager6868
CanuckAbroad Regular



Joined: 13 Apr 2008
Posts: 50
Location: Waterloo

Posted: Sat Jun 28, 2008 11:50 am

 

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The six month *per year* rule is a bit of a myth. There is no official document saying that Canadians can stay a maximum of 6 months a year in the US. There are certainly tax implications if you stay longer than that in a given year and you can lose provincial health coverage as well, so that's why it's discouraged.

Per trip, though, there is almost always a 6-month maximum. It's completely up to the border guard's discretion whether you can come back in again or not each time you fly out.

If you have a good reason for frequent long visits, and have documentation to back it up, then you may be fine.

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1126
Location: North Carolina

Posted: Sun Jun 29, 2008 5:51 am

 

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There actually did used to be a written document on the FAQ on one of their websites (I think it was CBP site) information about the 6 month rule. I was also told myself by a US CBP employee that the rule is 6 months per calendar year, or per visit, whichever comes first. AND that the rule is up to the interpretation of each CBP/Immigration person, so they can, and will, decide how long they will let you stay per visit.

It really is up to individual interpretation unfortunately, so there's nothing really that we can say or do if a border official decides we've already spent too much time in the US.
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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1011
Location: Calgary

Posted: Mon Jun 30, 2008 9:13 am

 

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I've been told that pointedly at the border as well.

They can make exceptions, the most common ones are for people entering to receive medical treatment or for co-habiting partners.
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Steve.

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