How long can Canadian stay in USA

canadiangirlforever
Junior Member



Joined: 06 Oct 2007
Posts: 21
Location: Canada

Posted: Wed Apr 02, 2008 10:26 pm

 

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Reba, i totally agree w/ you. you can try to return when you want but if you get denied then there is a record of your denial. i believe ( not totally sure) you can be denied entry based on the fact that you had a prior denial. Just as Reba stated, a good rule of thumb is to stay out as long as you stayed in before attempting to cross the border again. i just don't know how someone w/ a fulltime job can get 6 months off.

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1589
Location: Calgary

Posted: Thu Apr 03, 2008 6:27 am

 

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My visa wasn't B-2, I had been there in a different category that required a visa when the INS officer said that to me.

Regardless, the maximum stay under B-1 or B-2 is six months, whether you need a visa or not.

With Canadians the case law on it is different from what I've read, i.e. if you get caught they don't go as hard on you as other nationalities. The number of Canadians deported every year from the US is tiny and I'm sure most of them are people who were caught committing serious criminal offenses.

It is possible to renew B-2 status on a one-off basis in an emergency, however I get the impression that for Canadians it is hard to convince USCIS because it's obviously not as hard to depart the US for Canada as most other countries.

My personal view is that US immigration treated Canadians in a fairly laid back manner until 9/11, and at the moment with WHTI still in a mess and this new "you must have a passport" requirement still haphazard they still have difficulty keeping track of who is entering and leaving at land borders. I think next year when the WHTI comes into full force you will start to see a crackdown on it.

Which (hopefully) will be another thing that leads to immigration reform in the US when a lot of retirees who have been bending the rules for years suddenly get refused entry.
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Steve.

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canadiangirlforever
Junior Member



Joined: 06 Oct 2007
Posts: 21
Location: Canada

Posted: Fri Apr 04, 2008 5:26 pm

 

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sorry for asking so many questions but i stayed a total of 9 and a half months in a 12 month period and i used my passport both times.does that mean i'll be in trouble down the road if they realize it? this year i had no problem visiting but i don't want it to come up later and be denied.should i be concerned? it was s/t i did once and won't be doing again

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canadiangirlforever
Junior Member



Joined: 06 Oct 2007
Posts: 21
Location: Canada

Posted: Tue Apr 08, 2008 3:16 am

 

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I would like to make a public apology to Reba. I finally got a straight answer from a CBP officer who I phoned yesterday and he told me that a Canadian is allowed to stay in the U.S. for a MAXIMUM of 180 days in a 12 month period. I was absolutely devastated to hear this and have been in tears ever since.

The CBP site didn't mention 180 days or if the stay was 6 months out of a 12 month period because if I had known the truth, I would never have stayed beyond the legal stay. I am absolutely terrified that when I leave here again I may never see my best-friend again because I'll be denied because I overstayed. The CBP officer said I overstayed.

I am so sorry Reba, you are on here giving people the facts and I didn't want to believe that I had broken some law. I am so sorry. You were 100% right in everything you stated on here.

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laggal
New Member



Joined: 12 Apr 2008
Posts: 6
Location: Pittsburgh

Posted: Sat Apr 12, 2008 6:45 pm

 

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For those entering the USA as tourists there are 3 categories:
1) Tourist visa
2) Visa Waiver Program
3) Canadians - Canadians are not under a visa waiver program.

The general rule for Canadian visitors is that they can stay for 6 months within a calendar year. However that time period can be extended if they are certain that your stay is only temporary.

There is no visa involved for Canadians as long as they are not going to the USA to work or study.

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zicki
New Member



Joined: 12 Apr 2008
Posts: 2
Location: Vancouver, BC

Posted: Sat Apr 12, 2008 8:18 pm

 

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I'm only at the beginning of my research.

I'm a Canadian (well, dual Canadian/UK, but born in Canada).

My husband is Canadian by birth, but also holds USA citizenship by virtue of his USA parents.

We have 2 young children.

We've always lived in Canada, but are now considering a job in the USA.

Am I reading correctly that my children and I cannot go and live with my USA citizen husband while he works in the USA? That we can only visit him for 6 months at a time? Or is it just that we need to apply under a different issue than a visitor's stay?

I should mention that we tentatively plan for him to work in the USA for 2 years or so, and then return to Canada.

Thanks,
Nicki

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1451
Location: North Carolina

Posted: Sun Apr 13, 2008 5:53 am

 

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Has he ever lived in the US himself? If he has, your children may have derivative citizenship.

As for you, he'd have to sponsor you for a spousal visa IR1. If he petitions at the nearest US consulate in Canada, it should take only 3 to 5 months or so to complete. Then you'd have an interview at the consulate in Montreal. You can also find out at the US consulate if your children are eligible for citizenship, or if he'd have to sponsor them as well.
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zicki
New Member



Joined: 12 Apr 2008
Posts: 2
Location: Vancouver, BC

Posted: Sun Apr 13, 2008 7:12 am

 

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Thanks for the reply. I'm pretty sure our children do NOT have derivative citizenship as my DH has never lived in the States before. When I researched him getting his USA citizenship, his parents had to have lived in the states before his birth.

I'll look into the IR1 spousal visa, thanks!

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