How long can I stay in the U.S. as a Canadian Citizen?

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westernmetaphorJunior Member
Topic author
Posts: 20
Topics: 5
Joined: 14 Aug 2011

How long can I stay in the U.S. as a Canadian Citizen?

Post Sun Aug 14, 2011 6:04 pm

I hear 6 months is the answer, but I hear staying illegally in the country is also an option?
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lawsSenior Member
Posts: 110
Joined: 22 Jun 2011

Re: How long can I stay in the U.S. as a Canadian Citizen?

Post Sun Aug 14, 2011 8:57 pm

"but I hear staying illegally in the country is also an option?"

Yes, we would love to have another law breaker in our country. Better yet, try staying home and breaking your own laws.
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DremaniCanuckAbroad VIP
Posts: 340
Joined: 10 May 2009

Re: How long can I stay in the U.S. as a Canadian Citizen?

Post Mon Aug 15, 2011 5:29 am

Why would you want to stay illegally in the U.S? How will that benefit you? That option is clearly OUT of the question and a foolish question at that... I don't think you need to think "critically" about that one.
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westernmetaphorJunior Member
Topic author
Posts: 20
Topics: 5
Joined: 14 Aug 2011

Re: How long can I stay in the U.S. as a Canadian Citizen?

Post Thu Aug 25, 2011 8:30 am

I don't see the problem with it, I'm a stockholder that makes millions per year
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lawsSenior Member
Posts: 110
Joined: 22 Jun 2011

Re: How long can I stay in the U.S. as a Canadian Citizen?

Post Thu Aug 25, 2011 12:08 pm

WOW, congratulations for you. You are very impressive and we deserve you in our country.

Oh yeah, your a dime a dozen......hopefully you overstay and i get to ban you. That would give me great joy.
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StevenCanuckAbroad VIP
Posts: 3637
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Joined: 28 Sep 2007
Location: Calgary

Re: How long can I stay in the U.S. as a Canadian Citizen?

Post Fri Sep 02, 2011 5:03 pm

Jesus, people are still asking this question? Must be about a hundred threads on here about it.

Anyway the answer to this perennial question is that Canadians don't have to get an I-94, so it all boils down to non-immigrant intent, which you must have, as defined in 8 USC 1101(a)(15)(B), which basically means bona fide residence abroad, intention to leave, must be a legitimate visitor and have sufficient funds to cover the stay.

CBP use the 183 day rule but it's a bit murky for Canadians, case law is that "duration of stay" is a determinant of non-immigrant intent, so CBP interpret that as 183 days pa. However if you were to go before an immigration court it's not clear that would be the case, depends on the circumstances. There are general exceptions, for example if you are receiving medical care in the US.

I've just had a big going over with the IRS about this whole issue as well, as long as you remember to file an 8840 every year the IRS don't consider you resident until you spend more than 183 days in the US, however once again it's murky beyond that because technically you can file an 8833 and claim residency in Canada under article 4 of the tax treaty, however for them to accept it, guess what, you need a bona fide residence abroad, intention to leave, or at least substantial residential ties abroad...

There's also the issue of partial days in the US, the IRS don't count partial days and CBP use their discretion.

There is basically no simple answer to "how long", depends on your circumstances, to cut a long story short. If you live in Stanstead QC, are 80 years old and have to go to the hospital in Newport for treatment, the answer will be very different than if you live in Toronto, are 20 years old and go down to Texas for no apparent reason.

The main thing to remember is: non-immigrant intent - the more proof you have of it the better.
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