How long can Canadian stay in USA

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super888New Member
Topic author
Posts: 3
Joined: 21 Feb 2008

How long can Canadian stay in USA

Post Thu Feb 21, 2008 2:37 pm

If without a job, how long can Canadians stay in USA?

Because there is not any I-94 issued to canadians, how long Can Canadians stay in Usa once they entered?
Reba

Post Fri Feb 22, 2008 5:07 am

6 months
VanCity2LANew Member
Posts: 2
Joined: 23 Mar 2008
Location: Vancouver, BC, Canada

After 6 months in the USA, how soon can a CDN re-enter?

Post Sun Mar 23, 2008 1:14 pm

After a 6 month stay in the USA, without exceeding the maximum number of days, how soon can a Canadian re-enter the USA? I have heard it's 24 hours, a week, and even 6 months. I've found it difficult to find an answer on government sites.

Thanks for any info.
Reba

Post Mon Mar 24, 2008 4:01 am

because there isn't really a hard and fast answer anywhere. Technically one could just turn around and go right back, however the CBP officer screening you could determine that you have in fact taken up "defacto" residency of the US and deny you entry, if you do not have ties to Canada, such as a full time job and property.
StevenCanuckAbroad VIP
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Location: Calgary

Post Tue Mar 25, 2008 9:01 am

Have a read of: http://www.cra-arc.gc.ca/E/pub/tg/p151/README.html

Forgetting the immigration problems you can get into serious tax problems if you stay more than six months. But yeah, for B-1/2 entry it's six months (183 days). Total in a year.
Steve.
canadiangirlforeverJunior Member
Posts: 19
Joined: 6 Oct 2007
Location: Canada

i'm so confused...need answers

Post Wed Apr 02, 2008 5:03 pm

Steven you said that for B-1/2 entry it's six months (183 days). Total in a year. what exactly do you mean? last year i spent a total of 9 and a half months in the u.s. over 2 trips in one calendar year. this year i went again and had no problems.I'm confused. i've read that you're only taxed if u make more than $600 a year and i don't make that much.my trip is financed by my ex husband and my savings so i can be there with a friend who is terminally ill. the 183 days in one year thing really confuses me because a cpb officer never mentioned to me that i stayed too long that last trips. did he let me in by mistake? like i said, i spent over nine months in a 12 month period last yr and this year i got in w/o incident. i am terribly confused by posts that say that a person is only allowed 180 days per year.no site has ever mentioned 180 days.cbp site says 6 months
StevenCanuckAbroad VIP
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Location: Calgary

Post Wed Apr 02, 2008 10:44 pm

183 days = six months.

I used to know tons of Canadians in Florida who stayed over six months on B-2 but the time limit is six months, i.e. total, not necessarily all in one go. In fact when I entered as B-2 once the INS guy looked at a previous visa I had in my passport and asked me how long I had been there on that visa that year because it counted against my B-2 stay.

Income is a tricky one - if you are in the US and qualify as resident for tax purposes (i.e. there for longer than 183 days or qualify as resident using the previous years calculation) then money you receive from a relative outside the US also qualifies as income for US tax purposes. If someone sends you $1,000, then that's income for US tax purposes. However it's a bit silly because you just file a 1040NR and an 8840 and you're exempt anyway, so I wouldn't worry about it unless you're a real stickler for rules. The only way the IRS will get wind of it is if you have a US bank account and someone deposits $10,000 or more in it.

If you have a US bank account, make sure you elect on Form W-8BEN to be exempt from withholding as a non-resident individual otherwise the bank will file a W-9 with the IRS stating your bank interest income. Your bank can provide you with a W-8BEN application form if you phone them.
Steve.
canadiangirlforeverJunior Member
Posts: 19
Joined: 6 Oct 2007
Location: Canada

Post Wed Apr 02, 2008 11:16 pm

steve thx for the post but are we talking about the same thing? i am a Canadian citizen and i don't need any visa to stay for six months. i didn't need a b1 or b2, i just came as a visitor without a visa or I-94 or anything,,,,just a passport .is that different than what you're talking about?
Last edited by canadiangirlforever on Wed Apr 02, 2008 11:35 pm, edited 1 time in total.
canadiangirlforeverJunior Member
Posts: 19
Joined: 6 Oct 2007
Location: Canada

Post Wed Apr 02, 2008 11:26 pm

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.
Last edited by canadiangirlforever on Fri Apr 04, 2008 6:27 pm, edited 1 time in total.
StevenCanuckAbroad VIP
Posts: 3699
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Joined: 28 Sep 2007
Location: Calgary

Post Thu Apr 03, 2008 7:27 am

canadiangirlforever wrote:steve thx for the post but are we talking about the same thing? i am a Canadian citizen and i don't need any visa to stay for six months. i didn't need a b1 or b2, i just came as a visitor without a visa or I-94 or anything,,,,just a passport .is that different than what you're talking about?


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.
Steve.

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