Canadian has been in the U.S. for 3.5 mnths as visitor

Hello everyone. I just need a few questions answered. Basically I have been living in Ny as a visitor now for 3 and a half months (Since Sept.) and would like to go back to canada to visit for christmas, and then return again to NY. Here are my questions:

1) Would I have any problems returning to the states after say a week of visiting Canada? (I technically haven't used up my full 6 months stay.)

2) Would it be better to return in the New Year (Jan. 1/09). Would this reactivate my 6mnths stay?

3) I took a bus into the U.S. and 2 border patrol men came on and asked to see everyones passport (they didnt scan or document anything or furthermore ask me any questions at all---maybe because it was 3am). so they technically have no record of me being here. when i go back to canada can i simply say i was gone for 2 weeks? I did however receive a passenger seat belt ticket while I was down here which might be in the system ( I have a G1 Learners permit)?

I would appreciate any help with my questions. Thank-you!

Why do you want to go back to NY? Do you have a romantic partner there?

Other than you hadn't mentioned any ties to Canada (job, residence, bills etc etc) technically you can return to the US after being back in Canada for a week or 2. HOWEVER, without ties to home such as a job, mortgage, rent, utility bills etc.you may have difficulty convincing the POE officers that you do not have intent to immigrate illegally.

And if you have a romantic partner in the US.much more difficult to prove.

Hello Reba,

yes, my boyfriend lives in NY. I do not have a job in Canada or residence. (however i could state i live with my parents as im only 20). I still pay my phone bill and mastercard bill in canada. Also, when i cross @ the POE they usually just ask how long im staying and with who, and where i work and my address in canada. As mentioned, last time i crossed i was only asked for my passport and no questions asked. Could you please help me with questions 2 and 3 of my post? Thanks kindly.

Having a boyfriend in the US makes things a little more tricky than just "restarting your clock" at the New Year.

Yes, if you wait until after the New Year, you will in effect be starting over with a fresh new 6 months allowed visit. However, what you tell Canadian authorities when you return matters not to US customs and border patrol when you next try to visit the US. What matters is that your ties to the US are obviously moreso than your ties to Canada. You don't have a job, you don't have obligations to pay rent or mortgage etc etc, to them, this could look like you are attempting to come to the US to live illegally with your boyfriend and you could well be denied entry. Or not. you may catch someone on a good day.

Depends on how long you intend to stay, and what is your intent once you get there. Do you plan on staying idefinitely, or just for a few weeks, then return to Canada to find yourself a job etc.? Who are you staying with, friend, family, alone in a hotel.? How do you fund your stay while here if you can't work? Will you have cash money in your pocket, or do you just get your parents to wire you money when you run out?

These are questions they'll ask you. Spending so much time in the US with no ties to home is pretty much a crap shoot. I wouldn't ever suggest anyone lie to a POE officer, because they will catch you in it (and the interrogation is never fun, believe me!).

And don't think that if you were once just waived thru when you went on a bus that they'd do the same for subsequent visits. I came down to visit once by bus, and EVERYONE had to exit the bus, all our luggage was removed and inspected, and we were each interviewed and asked the purpose of our visit. I was almost denied entry when I told them I was going to visit my boyfriend and go camping with friends. But, at the time I had rather strong ties to Canada, a job I had to get back to an rent on an apartment.

Or they might just waive you thru again, who knows.

When I come back in the New Year, I plan to tell the POE officer that I will be staying with a friend (whose address I have). With the job issue, I have contacted my former employer and he has agreed to let me work over the holidays when I visit Canada, and has also indicated that I can state he is my employer when I enter the U.S. again (I wouldn’t call it a lie because in reality I am able to work with that company whenever I choose). I am 20 years old and telling a POE officer that I live with my parents (whose address is also my mailing address), shouldn’t be that difficult to prove?

Length of stay= 2 weeks (I will state at the border although may be indefinite)
Expenses= Money in pocket and credit cards + cheques.
Purpose of stay= Pleasure (to visit friend)

Please offer any advise you have with my reply. and in addition, when going back to canada. should i have any problems?. They will ask me how long I was gone for, correct? If I state 3.5 mnths will they ask how I was paying for my expenses? and if so, would telling them that I had saved up money for the trip (which I had) be a good enough response? Should I indicate that i was staying with my bf? Thanks Reba

Canadian Customs & Immigration don't really care how long you've been gone, nor how you funded your vacation, nor do they care who you stayed with. Only the US officials will care about that stuff when you try to return.

Living with your parents is not considered a tie to Canada, because you do not have financial obligation or a contract with them, as you would if you rented or owned your own home.

Hello reba,

If that is the case with the canadian border, why when i crossed last time (after staying for only 4 days) did they ask so many questions. wont they wonder how i supported myself.?

Also for the holidays me and my bf were going to rent a car in NY and drive it to Canada (He is an american citizen). Do you think this will pose any problems with Canadian border patrol? How about on the way back, crossing the US border? As a canadian crossing the u.s. border with an american car and bf. should this be an issue? Please advise. Thank-u

They ask you so many questions because they want to know if you're bringing any contraband, or goods over the allowed dollar amount, back into the country. If you're only gone 3 days, you're only allowed to bring back goods with total dollar amount of XXX. If you're gone 2 weeks, the dollar amount is higher, etc etc etc. Ergo, if you say you're only gone 3 days, and you're bringing back 6 cases of wine, and 18 cartons of smokes, plus a $10,000 Rolex watch, they're gonna send you to secondary and make you pay duty.

If your boyfriend is driving the car, and is properly licensed to do so, the only problem you may have crossing the border is with the rental company. Some car rental company contracts do not allow you to cross the border. If they pull you into secondary for any reason, you just tell them you had been down in NY visiting him for a few weeks, and now he's driving you home. He'll stay for the holidays and then go back to NY.

On your return trip, its anyone's guess really. All the above that I've already posted to you applies. You may be denied entry, you may not. There are no guarantees no matter what you do.

Thanks Reba...

So on the way back to canada... it is fine if i tell the canadian border that i was only visiting NY for a few weeks...? Wont they be able to figure out that I am being deceptive as i received a ticket violation from the DMV as a passenger not wearing a seatbelt? Wouldnt this info. be in their system when they scan my passport at the border.. (its a G1 learners permit, not a full G license that I have). What would be the result if I simply told the Canadian border that I was in the U.S. for three and a half months... Would I face any interrogation.. Mind you I funded my trip with money I had saved up (If i tell them this do you think it will still be an issue)? Also..... one further question... When I return back to NY will the American border be aware of the fact that I had previously stayed there for 3 and a half months (in other words, will the Canadian border have disclosed this info. to the U.S. border?)

Please help.... many thanks

Traffic violations are rarely reported to the border authorities. They're more worried about drunk drivers, drug runners and dangerous offenders.

Canada DOES NOT CARE how long you've been gone. Really, stop worrying about coming back home. You won't be interrogated unless you're trying to smuggle illegal sausages or something.

It is very unlikely that the US border officials upon your return will know how long you stayed before unless you tell them. Your passport, as you said, was not scanned upon your previous arrival, so they do not have record of you being here.