maximum time allowed per year for Canadians visiting USA

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Re: maximum time allowed per year for Canadians visiting USA

Postby agnelson » Thu Sep 03, 2009 4:36 pm

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

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Re: maximum time allowed per year for Canadians visiting USA

Postby markdf » Fri Sep 04, 2009 2:43 am

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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?
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Re: maximum time allowed per year for Canadians visiting USA

Postby lawsrlaws » Fri Sep 04, 2009 4:43 pm

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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)
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Re: maximum time allowed per year for Canadians visiting USA

Postby agnelson » Sat Sep 05, 2009 3:20 am

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I would have to agree. Admission is granted to the person, not a particular passport.
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Re: maximum time allowed per year for Canadians visiting USA

Postby Steven » Tue Sep 08, 2009 10:34 am

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CBP tie the entry records together for each person, obviously people renew their passports so CBP do it by person, not by passport. You don't even need a passport to enter the US in many cases, e.g. if you're a US LPR or have a NEXUS card, etc.

Also the fluffiness around the six-month stay is only in relation to a Canadian (or Bermudian) visitor. There is no grey area with citizens of other countries. If you enter on the VWP, it's 90 days, period. If you enter with a B visa it's six months, period, unless you apply for and are granted an extension (and that usually only applies if you're receiving medical care or are a co-habiting partner).

You must leave by the date stated on the I-94 unless you've been granted an extension.

CBP are usually not keen on letting people back in again on B visas or the VWP who've left recently after lengthy stays, but it's at their discretion and it does happen.
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