I'm at the end of six months here in the USA...

Hello everybody, so this is my situation. I'm currently staying here in California with my mother, father, and sister. My mother has a TD/
TN visa (whichever is the higher one) cause she works as a nurse. She has my father and sister as dependents so they're allowed to live here as well. I wasn't able to be part of the dependents cause I wasn't here in Californua when the applied and/or I was already 21 when they applied.

I am Dual-citizen of Canada and the Philippines. In 2008 and 2009, I've been entering to the US from the Philippines and staying for about two months each year. No problems there. But this year, my parents and I decided that I should stay longer. I entered California from the Philippines in late March of this year with the intent (and e-ticket) that I will go back to the Philippines two months later but I just didn't go back cause I wanted to stay here longer. So I've been living here with my family since late March doing nothing, no job, no school, just staying home most of the time.

Now my time here is almost up. It's almost late September so my six months are up. My parents say all I have to do is fly to Toronto for a day or two then come back to California and a new six month stay would be okay. Is this true? I don't want to go back to Canada and be denied entry cause I don't have any immediate family there, just friends of my family. I just want to be at ease cause I don't wanna be denied entry for doing this "loophole".

Please help me friends...

When you entered US last time, were you given an I-94, with an expiry date? If so, you have no choice but to leave.

If not, while staying past six monthsis an overstay, you are not accumulating illegal days. Not the best situation, but not the worst.

To be a visitor in US, you first MUST have a foreign residence. It doesn't matter where that residence is, but it must be legitimate and viable. So regardless of where you enter US from, that should be the officers first determination. If you cannot satisfy him that you actually live somewhere else, he will deny you entry, be it from Canada or Philipines.

As to whether you can re-enter when you have been here six months, yes, you can. Each entry is limited to six months, not six months per year. However, the more you are in US, the less likely the admitting officer will believe that you live outside US.

So you need to get a life established outside US. You are an adult with no real life in US.

I see. I do not have a home in Canada but we have a home the Philippines that I'm planning to go home to sometime next year. I guess you could say I'm taking a very long vacation here. I should just tell the Customs Agent in Toronto my situation and he'd prolly let me in, right? That I'm living with my family in the US while I'm waiting for a new school year to start before I go home to the Philippines. That should be good, right?

As long as you can satisfy the officer that you really do have home in the Philippines that is viable and maintained. That, and the fact that you will be returning to school there should get you in.