Does the Visa Waiver Program allow me to stay for 6 months?

[M_Vallee]

Everything I've read says that Canadians visiting can stay up to 6 months. But I was reading something about the Visa Waiver Program, which I entered on, and it says I can only stay 90 days.

Under the program, a nonimmigrant visitor may enter the United States, from a visa waiver country, for a period of 90 days or less.

Is that true? Because I've been here 5 months and I never applied for a visa. I didn't think I had to because I'm from Canada.

Canada is part of the visa waiver program, right?

[agnelson]

Cdns have right that supersede the VWP, so it doesn't apply.

You can stay 6 months. You must still maintain ties in canada throughout.

[Reba]

Canada is NOT part of the Visa Waiver Program.

Here's the list of countries that the VWP pertains to

[agnelson]

Right. The have the ultimate in visa arrangements: none required safe for 2 or 3 categories.

You don't need a waiver for something that is not required.

[Steven]

Yeah, there's a lot of confusion about this which is worth explaining.

Canadians (and belongers of Bermuda) enter as B when they come in as visitors, which is the same category people who enter with B visas enter in, but there is no visa.

This is a really, really old legal provision, I think it goes back to 1924 or thereabouts, Cubans were originally covered by it before the Revolution so we're talking really old.

The VWP was invented around 1991 iirc for people from "trusted" countries. They DO NOT enter as B and do not have the benefits of entering as B, for example they can only stay for 90 days and cannot apply for an extension of change of status.

The provision relating to Canadians was amended in 2003 to exclude Canadian LPRs who were from British Commonwealth countries, when it dawned on someone at the State Dept. this meant Pakistanis could enter without a visa.