Freelance work for Canadian clients while visiting the US ?

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agnelsonCanuckAbroad VIP
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Re: Freelance work for Canadian clients while visiting the US ?

Post Thu Dec 17, 2009 10:52 am

The longer you intend to stay in US, the more proof you need to give that you are going to return to Canada. Not having a job, palnning only to return at the last possible minute, will raise eyebrows.

Your past visits don't matter for CBP purposes. They only impact your provincial healthcare.
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theworldawaitsNew Member
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Re: Freelance work for Canadian clients while visiting the US ?

Post Fri Dec 18, 2009 9:17 am

I think my healthcare should be OK... they also have a limit of six months I think. I fully intend to return to Canada.. but I'm not sure how to prove this. A note from my landlord saying I'm subletting my room until July? A note from my employer stating that we're entering into a new contract in six months? Not sure how much weight these would hold...

These are the main reasons I would need to return:

1) My motorcycle license requires that I do a driving test (but I can't do it until July of this year).
2) To keep my healthcare up to date
3) To continue my contract with my job (I'm on a short-term contract right now and will need to renew it in July).
4) To sort out everything back at the house I live.
5) I'm a Canadian and not American. I have no intention of breaking the law because I have friends/family in the US and would never risk not being able to see them.

I'd really like to stay for six months (my legal right), and I'm not comfortable lying or stretching the truth.

Any other tips on how I can show that I fully intend to return to Canada?
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agnelsonCanuckAbroad VIP
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Re: Freelance work for Canadian clients while visiting the US ?

Post Fri Dec 18, 2009 9:50 am

Subletting your room in canada?! That would get you denied right away! You need to maintain your Cdn residence throughout your visit.

On healthcare, Just to clarify, health residency requirements involve "rolling" periods, not single departure requirements. Its 183 days in canada in any 365 day period to keep valid.

If you leave canada for 6 months in one stretch (7 months for OHIP), then your coverage really only remains valid, if your have neither left even for one day in the previous six months, or one day in the subsequent 6 months.

From what you say, to a CBP officer, you are unemployed, have no home in canada, a one-way ticket, have a network of friends that could "harbour" you -- may even be thinking about marriage -- and apparently have the intention of doing some "freelance" work in US. He'd only be able to stop laughing just long enough to tell you to take a hike.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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theworldawaitsNew Member
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Re: Freelance work for Canadian clients while visiting the US ?

Post Fri Dec 18, 2009 12:23 pm

Ok, good things to know.

I will sort out my OHIP before I leave. No problems there.

About getting across the border...

I have a place waiting for me when I return (my friend owns the home in which I'm currently living). I will continue to receive mail at this location. It is my permanent mailing address and place of residence.

I will have a return ticket. Returning to Canada six months after my departure date. This shows an intention to return, no? Granted, it's the max time allowed... (but if I really wanted to stay in the US and not use my return ticket.. I would probably book a closer date)

I have the intention of being in the United States for six months (and no longer). There are a variety of reasons for my trip. The warmer weather, catching up with old friends, and taking time off work are all high on the list. There are other reasons, yes.. all of which are legal. My friend is also getting married in Mexico in May so that also factors into the equation (easier to get there from LA).

Everybody I talk to says I should be fine (granted, they have never tried to go there for six months before). My impression from these boards is that I will NOT be fine. This is a just a little disconcerting..

Just wondering what ELSE I can do to improve my chances of getting across without any issues. I'm open to emphasizing certain points more than others, but not lying.

I'm an honest guy with honest intentions.. why is this so hard..? =P
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agnelsonCanuckAbroad VIP
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Re: Freelance work for Canadian clients while visiting the US ?

Post Fri Dec 18, 2009 12:37 pm

Interesting that you say you are going to Mexico. You probably know that Mexico is outside the US, and thus you will not be staying in US 6 months consecutively after all (that's a plus for you).

However, when you enter US from Mexico, that may incur further scrutiny, as to when the last time you were in canada, etc. (that's a negative for you).

While the visit to mexico restarts your six month clock, it does not magically establish all the ties in canada that are so tenuous right now. Remember that is the primary criteria for entry: residence and ties in a foreign country.

And, when you say "There are other reasons, yes.. all of which are legal." Legal for a US resident, and legal for a visitor are 2 separate things. Typically a tourist is allowed into US for tourist reasons, not "other reasons".

You ask why its hard? Because you are visiting US, and clearly have little or no ties in Canada, and a whole lot of ties in US. This makes CBP nervous. Nervous = scrutinty. Scrutiny leads to finding reason for denail of entry.

You said earlier that your entry into US was your "legal right". Sorry. It's a privilege, and a conditional privilege at that.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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theworldawaitsNew Member
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Re: Freelance work for Canadian clients while visiting the US ?

Post Fri Dec 18, 2009 1:01 pm

Good point. It's indeed a privilege, one that I'm thankful for. I just hope that since my intentions are within the legal boundaries, that I'll be OK. Lots of prayer is another method I'll be employing... =)

As for Mexico.. it's actually one of the original reasons I considered this long-term visit. Would it help my chances if I had my ticket in-hand for Mexico as well? It would be round-trip back to LA... but I'd have a return ticket back to Toronto as well. I'm more concerned about January than getting back into the US in May.
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agnelsonCanuckAbroad VIP
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Re: Freelance work for Canadian clients while visiting the US ?

Post Fri Dec 18, 2009 1:20 pm

having a ticket from LA to mexico in hand as you cross in january, will only serve to highlight how long your trip to US really is. It solidifies the notion that LA is your base, rather than canada.

I wouldn't stress that aspect.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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deaton333CanuckAbroad Regular
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Re: Freelance work for Canadian clients while visiting the US ?

Post Fri Dec 18, 2009 1:35 pm

I think most of us came to the forum because we had problematic situations to begin with, so we probably are a bit of a self-selected bunch of pessimists! Just remember that USCBP don't want a day to day breakdown of your vacation unless red flags come up. In the end, you'll be asked where you are going, how long you are staying, and what is the purpose of your journey. If you intend to visit friends and go to a wedding in Mexico, then that's it. They *might* think its strange that you'll be there for six months; agnelson is just making sure you'll know what to expect on the off-chance they do take you aside to be thoroughly questioned.

theworldawaits wrote:Ok, good things to know.

Everybody I talk to says I should be fine (granted, they have never tried to go there for six months before). My impression from these boards is that I will NOT be fine. This is a just a little disconcerting..

I'm an honest guy with honest intentions.. why is this so hard..? =P
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agnelsonCanuckAbroad VIP
Posts: 3262
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Joined: 26 Aug 2009

Re: Freelance work for Canadian clients while visiting the US ?

Post Fri Dec 18, 2009 1:43 pm

I think most of us came to the forum because we had problematic situations to begin with, so we probably are a bit of a self-selected bunch of pessimists...agnelson is just making sure you'll know what to expect on the off-chance they do take you aside to be thoroughly questioned.

Amen. The reason that people get denied in borderline cases, is having the notion of "rights", getting a couple of curveball questions, and then the 'fluster factor" kicks in and your plans are scuttled.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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americantravelerNew Member
Posts: 2
Joined: 25 Jul 2010

Re: Freelance work for Canadian clients while visiting the US ?

Post Sun Jul 25, 2010 6:46 am

WORKING in the U.S. means receiving remuneration for whatever you have done in the U.S. You can write a book, paint a picture or work your Canadian business from the U.S. as long you don't overstay 183 days during 12 CONSECUTIVE MONTHS!!!

It's that simple folks. :D
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