Canadian living in the states longer than 6 months..

[Blender7]

Hey guys,
I am starting to get nervous. I have been living in the states for around 5 months now and I crossed the border may 6 2009 and was planning on leaving november 6. In my head without thinking i presumed this was 6 months. It wasn't till i thought about it and realized that it's 180 days so it will be before november 6th that I have to go back..
My question is I have made prior engagements for the 30th of october to november 5th.... and i can't really disregard them.

What do I do?


Thanks guys,

[agnelson]

You could leave now and go back.

I suppose your health is good, as you are risking your healthcard.

[Reba]

Unless you have an immigration status that allows it, you are not "living" in the states. You are visiting. And as a visitor you are allowed to stay up to 180 days. If you decide to stay longer, you not only risk your Canadian healthcare benefits, but if you leave and try to come back, you may be denied entry, and possibly even banned for a period of time, or until you get status that allows you to return.

[toronto5481]

Reba is so right. Don't play around with this stuff if you care to go back to the US. You could get banned for 5-10 years.

The law is 180 days and that's all there is to it. My parents are avid snow birds who never miss a winter South of 49 and they NEVER go over 180 days. They wouldn't want to risk not being able to spend winter in their US properties for 5yrs to 10 year!!

It would be a huge inconvenience to be banned, I cant even begin to imagine lol When you travel, so many cheaper flights to Europe, Autraslia or South America are through the US. Those would no longer be available to you.

Seriously. Think twice.

[travellingnomad]

Hi there,

I've asked around about this to my friends who go back and forth (staying longer than the 180 days) and I've been told that under certain circumstances, you can go to the consulate to extend your visitor's stay for up to a year. I'm not too sure what the exact situation has to be however ... Has anyone else heard about this?

-TN

[agnelson]

You don't go to any consulate. You filr an I-539 with the US govt and request another 6 months.

[Steven]

A few days here or there doesn't matter, what's important is that you maintain non-immigrant intent, there is no rule that it's exactly 183 days and if you go over you're stuffed.

It's more to do with what CBP put in your entry record and that you complied with the law, i.e. you maintain an abode abroad and have sufficient funds to cover your trip.

I-539 rarely comes into this because there is no I-94 for Canadian visitors plus even if you applied for an extension, you must have something to support the application, e.g. receiving medical treatment in the US.

For citizens of other countries, yes it is six months maximum and CBP do apply this to Canadians but legally it's more murky with Canadians (and belongers of Bermuda).