183 day rule (USA w/o Visa)

I am a student, and have a hobby I attend to in the states.
I am going back to school in January, so I had/have no intention of working illegally etc. Only seeing friends, volunteering teaching this hobby and enjoying time with my boyfriend.

So, Theoritically,
please help me figure this out as I am very concerned:

These are theoritically... the days I have been out of Canada and in the USA. I need help figuring out my exact days I've been gone. All of these days are including the days of travel since I started/ended in the States:

Dec 30th 2010- Jan 6th 2011 (8 day trip if including the days of travel/return)

March 24th 2011 - March 28th 2011 (5 day trip if including the days of travel/return)

May 6th 2011 - May 9th 2011 (4 day trip if including the days of travel/return)

June 10th 2011 - November 27th 2011 (171 day trip if including the days of travel/return)

= 188days OBVIOUSLY over the 183day rule.

BUT

isn't the 183days per calendar year?

So I can take away Dec 30th, Dec 31st days from the count since it would be counted on LAST years calendar year therefore = 186days

ALSO

from September 8th 2011 - September 16th 2011 (NOT including day of leaving states and day coming back in = 6 days back in Canada) I came back home....

so 186days - 6days = 180days total in USA.

Does this add up? Please help as I get confused of the 183 day rule, (I've read different online versions?) and of me going home part way through my stay in the USA helps reduce the days? Is there a grace period of a few days?

Thank you and please answer as quick as possible!

Isn't the 183days per calendar year?

I believe the limit is 183 days per trip. The limit per calendar year is more up to the discretion of the CBP officer at the border. But a good rule of thumb is that you'll be OK if you are spending more time in Canada than in the USA. OTOH if you come to USA for 6 months, leave for a day, and try to come back, you will likely have problems. You quite possibly will be denied entry entirely or limited to a much briefer trip via an I-94 card.

There are two possible issues for you, as you probably know. One is the US boyfriend--obviously they could question whether you plan to marry your boyfriend and stay permanently. The other is the teaching that you do in your hobby--is this work that--although you do it for free--a US citizen might be doing for a fee if you weren't here in the USA to do it for free? If so they could say that you are taking a job away from a US citizen.

It sounds like you haven't had a problem getting in in the past and you are on your way out right now. You won't likely have a problem on the way out. But you've clearly spent a lot of time in the USA recently, so I wouldn't recommend attempting another trip to the USA for awhile. I'd recommend not trying to visit again until you are firmly ensconced back in school and the first appropriate break in the academic year--and then bring along solid evidence that you are in and are planning to remain in school.

Like I say the calendar year thing is largely a matter of discretion for the CBP officer. The good news is that I don't think you'll have an issue re total days in 2011. The bad news is that I wouldn't recommend that on Jan 1, 2012 (new calendar year) that you suddenly abandon plans to return to school and expect to be let in for a new six months since it is a new calendar year. You could very well be denied given the amount of time you've been spending in the USA lately.

Here we go again! Please stop with the "how long can I stay" posts. If you have to ask this question then.....Your staying toooooo long here.

Laws,

Do yoy think that, with all these out-of-work Cdns coming down to US for months on end, do you ever envision a time when officers will simply start issuing I-94s to anyone who comes down for more than a day trip?

LAWS is the man on this

It can be found on the cbp.gov website

"The burden of proof that the Canadian citizen is not an intended immigrant (plans to make the U.S. their primary residence) is always on the applicant. There is no set period of time Canadians must wait to reenter the U.S. after the end of their stay, but if it appears to the CBP Officer that the person applying for entry is spending more time over-all in the U.S. than in Canada, it will be up to the traveler to prove to the officer that they are not de-facto U.S. residents. One of the ways to do this is demonstrate significant ties to their home country, including proof of employment, residency, etc".

No interpretation required - it appears to be crystal clear - I agree, no further 183 day questions needed - read it for yourself

https://help.cbp.gov/app/answers/detail ... 0the%20usa

The CBP enforcer is waiting & watching - glady to refuse you entry at any tme without reason

Welcome back to Canada eh! ... do you live here most of the year & have/or are your ties to Canada or in the USA?

Unemployed, retired or wealthy Canucks (it would seem) are not welcome in the USA without a proper visa or stated purpose that satisfies the CBP.

Is all in the rule book - the CBP guy just enforces it

Come to think of it, LAWS is probably right about us Canucks asking the same stupid questions about how long can we stay & how often - the folks stateside reading these threads must think we have icicles for brains at times

Laws,

Do you think that with all these out-of-work Cdns coming down to US for months on end, do you ever envision a time when officers will simply start issuing I-94s to anyone who comes down for more than a day trip?

I say leave the rules for us Canucks as it is [if it ain't broke, don't try to fix it] & why agnelson, would you be signaling out the Canadian unemployed eh - why should they be treated any different

I don't think IMO that a CBP enforcer is in a position to give an opinion on your question, after all - isn't government employee opinon sacred! ... then again

So, what does a CBP guy/gal do all day long, well - probably just follows orders and gets to ask the same bunch of dumb questions & look at hundreds of ugly Canadian faces wanting to enter the USA - next

I say leave the rules for us Canucks as it is [if it ain't broke, don't try to fix it] & why agnelson, would you be signaling out the Canadian unemployed eh - why should they be treated any different

I single them out only because, since they are wishing to spend so much time in US without working, then (a) they mustn't have ajob in US, and (b) they don't have a key tie that brings them back to canada and are thus a risk of both overstay and illegal work.

I single out Cdns (of all economic backgrounds) since they are the only people in the world admitted to US without an I-94.

And we all are the ones asking the stupid questions and overstaying. So give 'em an I-94 and they'll shut up with the "how long" questions..

Unemployed, retired or wealthy Canucks (it would seem) are not welcome in the USA without a proper visa or stated purpose that satisfies the CBP.

So, who is singling out groups now?

I single out Cdns (of all economic backgrounds) since they are the only people in the world admitted to US without an I-94.

And we all are the ones asking the stupid questions and overstaying. So give 'em an I-94 and they'll shut up with the "how long" questions..

slighly off topic from the OP ... to continue on the I-94

Should the US enforce the same rule for Canadians as those for all aliens entering the US, no matter which entry point or border crossing & is the I-94 the only option (are there other options) that would satisfy the CBP enforcer

Why not simply add one more step & stamp the Canuck passport on entry & exit to/from the US - or is that not necessary

Visual as well as electronic tagging of a person & their documents could work in everyones favour

Here we go again! Please stop with the "how long can I stay" posts. If you have to ask this question then.....Your staying toooooo long here.

Lmao.

I do have to agree with that. I wouldn't necessarily put it in those words, but I agree with the logic.

Normal people are generally not away for 180 days at a time.

Retired and/or wealthy people are a different category, but a normal, middle-class person does not take 180 day vacations. Also - laws are laws right? I mean I understand to a certain degree why the US govt gets pissed, just because you can be admitted for 6 months, doesn't mean you should become a de-facto US resident.

Think of it in reverse!! I would be pissed at people who violate Canadian immigration laws, come here on 6 months visitor permits, and go to their home countries for a few days. (and I know people do it)


What pisses me off: The fact that US generalizes. I expect to be treated differently based upon my previous actions/past behaviour, than somebody who abuses the law. (aka, I don't think an I-94 is necessary for every Canadian).

I expect to be treated differently based upon my previous actions/past behaviour, than somebody who abuses the law. (aka, I don't think an I-94 is necessary for every Canadian).

Should the fact that one is Cdn give one special status indefinitely?