Live in US lawfully without a visa? How 6 months caculated?

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Reba
Topic author

Post Fri Sep 28, 2007 4:11 am

See the sticky thread posted at the top of the forum.

If you still have questions after reading all the website links ask away.
StevenCanuckAbroad VIP
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Post Fri Sep 28, 2007 10:35 pm

It's based on the number of days, IIRC, I think it's 183 days. No they can't keep track exactly of how many days you've spent in the US, which is one of the reasons behind the new passport requirement to cross the border and the machine-readable passport requirement which all goes into the DHS computer system so they can track the number of days.

If you spend more than 183 days in the US in any calendar year, you break the law essentially.

This is the reason the US is making such a stink about the whole passport issue, but they don't say it publicly often because they don't want to explain in great detail how they keep track of people in the US for security reasons.
Steve.
acarso4New Member
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Post Sun Sep 30, 2007 7:04 pm

Yes but Canadian citizens will only have their passports checked when they are entering the US, so essentially they have no way to track when you leave. So if you cross back into Canada for a visit of some sort, then enter back into the US, how would they ever determine the total # of days spent there during the year? Just trying to figure it out also.would never dream of working the system! :)
StevenCanuckAbroad VIP
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Post Mon Oct 01, 2007 10:46 am

acarso4 wrote:so essentially they have no way to track when you leave


Yet. They're working on it. That's one of the reasons for the passports at land crossings requirement that comes into effect soon. There are about 1,100 Canadians deported every year. (As opposed to 140,000 Mexicans, :shock:).

When I lived in Florida I knew tons of Canadians who overstayed the 183 day requirement, however the big catch is that if you stay in the US for more than 183 days you become resident for tax purposes.
Steve.
Reba
Topic author

Post Tue Oct 02, 2007 4:12 am

When you get back to the Canada side of the border and show your passport to Canada Customs they have record of that. The US can Canada have full sharing of records.

Trust me, they know when you're coming and going!
StevenCanuckAbroad VIP
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Post Wed Oct 03, 2007 9:14 am

Well it's irrelevant as you've already discovered, I was going by what my neighbours used to tell me when I lived in Florida, I've never tried staying more than 183 days without a visa. But anyway, it's 183 days maximum per visit, not total. On NBC last night they actually had a story about retirees taking advantage of the Canadian dollar so it's obviously common.

So yes I can move my tax residency to Nevada at some point and save a ton of tax, thank God.

The real question I now have is, how the heck do you get a DL if you have no I-94? Most States (including Nevada) require it. I think you can voluntarily get an I-94, it costs $6 if you go in by land. However that is useless because most States require it to be an I-94 valid for more than 183 days, yawn. So that means you have to maintain a Canadian DL, and if you do that, you're subject to Canadian tax.

Florida and Texas both have specific provisions for Canadians but Nevada doesn't.

Worth reading this too if you plan on staying in the US for any length of time: irs.gov/businesses/small/international/article/0,,id=96352,00.html
Steve.
Christopher G. Rizzo, EsqCanuckAbroad VIP
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Post Wed Oct 17, 2007 9:07 am

Canadians who enter in B-2 status can't accrue unlawful presence unless a determination has been made by an immigration judge. (Anyone interested in the cite: INA 212(a)(9)(B)(i)(I).)

The 183 days you are referring is actually 180 days. A person who is unlawfully present in the U.S. for more than 180 days consecutively will trigger a 3 year bar on re-entry into the U.S., when they depart the U.S. If its a year or more, then the penalty is 10 years. But again, Canadians don't trigger either bar as B-1/B-2 visitors, unless an immigration judge makes such a determination. I've never encountered this.
Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
www.naftalawfirm.com
P: (732) 784-2877
Email: Crizzo@naftalawfirm.com
Christopher G. Rizzo, EsqCanuckAbroad VIP
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Post Thu Oct 25, 2007 6:27 am

Yes they can still enter, assuming they are otherwise admissible. Of course if the inspecting officer discovers the overstay, they can in their discretion refuse entry.
Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
www.naftalawfirm.com
P: (732) 784-2877
Email: Crizzo@naftalawfirm.com
StevenCanuckAbroad VIP
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Post Thu Oct 25, 2007 12:35 pm

What's your professional opinion on Canadians who simply have a home in the US but don't work there? This is the real crux of what a lot of people are looking into at the moment.

Going through all the stuff on the CBP website it appears be: no, you cannot reside in the US as a visitor. But on the other hand, lots of Canadian retirees do it all the time.

It seems to be basically a case of them not really caring that much and there not being huge consequences if you get caught but technically it is illegal.

Does that sum it up correctly?

I read Title 8 of the USC some time ago but the devil is in the regulations. And the caselaw of course.
Steve.
Christopher G. Rizzo, EsqCanuckAbroad VIP
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Post Fri Oct 26, 2007 12:34 pm

My opinion regarding Steven's question is that its not lawful to own a home in the U.S. and enter as a visitor. For the time you're entering, you're not a visitor under the statutory meaning, you're living in the United States. So therefore its an abuse of B2 visitor status to present yourself for visitor status to enter and reside in your own U.S. residence. Many Canadians misrepresent themselves at the border on this issue and say they are "just visiting." The fact that you choose not to engage in employment doesn't cure the abuse.

On the other hand, does this rise to a material misrepresentation, which would invoke the possibility of a lifetime exclusion? I 'm not sure. The reality is that if CBP discovers the truth, that the Canadian in fact owns a home in the U.S., after the representation was made that they were "visiting", they may very well let it slide.
Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
www.naftalawfirm.com
P: (732) 784-2877
Email: Crizzo@naftalawfirm.com

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