maximum time allowed per year for Canadians visiting USA

Obviously, a 'round the flagpole' attempt to re-enter would raise the ire of our CBP friends, and is not recommended (although is not illegal)

However there is no limit to the number of days per year one can be in US as a B2 visitor, as lawsr reluctantly admitted.

"6 months per year. Be that 2 months here and there, or 6 months at one time. Why is she staying so long would be the major question. If you spend more time in the USA than in Canada, then you would be living in the USA."

Actually I answered his question on how long one could stay in the USA. More than 6 months would require an exit and re-entry or an extension filed from within. I also suggested that leaving for one day and returning would be unwise as it usually leads to a refusal. Get your facts straight before you quote what I say. Thank you Reba for stating the real world facts about entry and exit.

"Obviously, a 'round the flagpole' attempt to re-enter would raise the ire of our CBP friends, and is not recommended (although is not illegal)"

Isn't that what I said?

The question was "per year" not "per entry". Different spelling.

No limit.

Wow this is fascinating but anyway it does say six months on the CBP website as I posted in the other thread, which is wrong. So even the person who typed up their website was generalizing. Which I've got to say every single person who has ever posted on here has done because if you wanted a legal answer you wouldn't be asking for a layman answer, because you can look up the law easily enough or hire a lawyer who you can sue later on for giving you bad advice.

Caselaw is that it is about intent and your duration of stay as there is no I-94 for Canadian visitors, although CBP can impose one if they're suspicious for whatever reason or you can request one.

So the reality is that the six-month stay thing is a rule of thumb which CBP do follow as their website illustrates and I dare say a lot of CBP personnel follow it quite strictly in determining your entry, however legally if you want to go and argue with the immigration judge later on it's mainly about your intent when you enter and complying with the other provisions of 8 USC 1101(a)(15)(B) that establish that you are a visitor to the United States, i.e. having an abode abroad, sufficient funds to cover the stay etc.

It is subjective, for example if you live on the border there may well be a better reason for your being in the US more than six months in the year and CBP may accept that at the POE.

-- Thu Sep 03, 2009 1:57 pm --

Wouldn't it be worth a sticky on this topic. I can't seem to find the other one with the caselaw quoted in it.

I note this topic always boils down to people arguing about their personal experience and quoting various laws, regulations and caselaw.

And at POE, it usually boils down to whatever the CBP officer you're facing says.

My response is usually based on how the ports actually operate, and how CBP Officers see things. My answers are obviously not always enjoyed or liked by others. BUT my answers are the day to day reality of Port operations. Yes you can spend more than six months in the USA, but the likelyhood that one can prove they are not living in the USA dissolves the longer you are here. Yes the Law states that there is no real limit to how long one can spend here, but it also states that you have to satisfy the CBP Officer that you intend to leave the country. (hard to do if you only leave two times a year)
So far my responses on this board have been to help people stay out of the red tape at the Border. Like Steven said, the actual Law can be Googled easy enough.

You seem like a very reasonable CBP. No horns on you

Ok this seems like some controversy on this one.
either 6 months per stay or six months cumulative.

I have a rather different situation that I would like you to consider.
I am a dual national holding citizenship in Australia and Canada.
Born in Alberta Ca. naturalised Australian.

I want to buy a house in Texas in the next few months. In the short to medium term I have no plans of living in it or using it at all but will lease it out but in a few years time I may wish to use it.

I have no real ties in Canada, no house, job, address or anything like that.

I have a house in the Philippines and my wife and I travel there at least yearly.

So my plan was in the future when I retire, I thought I might live in my US house for 6 months of the year then fly back to the Philippines or Australia (since I am a Canadian citizen I should be able to do that even though Australians are given a 3 month only visa on arrival.

But what if I entered the US on my Canadian passport (not from Canada but from Australia, Philippines or Mexico and left 6 months later using the Canadian passport to leave and then a short time later arrived but presented my Australian Passport stay for 3 months and exit to Mexico and iterate the above.

Would this be feasible/legal?

Im going to flamed on this but....you would probably be refused admission on the next three months with the Ausi Passport. The reason, your trying to circumvent the law. Just use the canadian passport. We are not stupid, we know its you no matter what passport you use. Just the canadian passport will get you the time needed in most cases. BUT, with no proof of a foreign residence, it will be unlikely that you would be allowed 9 straight months. (assuming you only visit your home in the Philippines yearly)

I would have to agree. Admission is granted to the person, not a particular passport.