Six Month Visit is up, but need to come back to US in March

Hi Everyone,

I'm hoping someone can answer my question. I'm a Canadian and have been visiting the US since August 1st, 2009. I am not working and am here staying with friends while I finish writing my book. I am returning to Canada on January 25th, 2010 (making sure I leave before my 6 months is up). My concern is that I need to visit New York from March 17th-21st and I will only have been back in Canada for less than 2 months. Is there a minimum amount of time I need to be back in Canada, after being in the US for 6 months before I can enter the US again?

Thank you very much for any help you can provide.

From a US immigration standpint, there is nothing 'wrong' with doing what you propose. As long as you can show that you maintain your home in canada, you will be fine for such a short follow-up visit. However, you run up against the following problems (depending on how you view them).

1. By staying out of canada for more than 6 months in any 12 month period, you are putting your Prov Medical coverage at risk. So, not accounting for time before August 1 2009, you need to spend 183 days in canada between Aug 1 2009 and July 31 2010, or your medicare is dead (its 215 days for OHIP). So, watch the days for the next while (and the days before you came this past summer. You may not care about healthcare.

2. By spending a lot of time in US, you can become taxable in US on all your income. So watch this too.

As I said, you should be fine for the next small visit. But to visit for 6 months come back to canada for a few days/weeks and then return for another 6 months (we see that posted a lot here), will be frowned upon at border, but would probably be allowed -- once. Then you would be open for scrutiny as their belief that you actaully live in canada would be evaporate.

Thank you very much agnelson. I really appreciate your help.

If one has overstayed in the US past the 6 month mark.. would one lie to Canadian customs upon returning? I know Canada customs wont mind an overstay, but if Canada enters you as being in the US for say 2 months instead of 6 will it show up on a US computer as said person only being down there for 2.. or will it say the exact time and date that one originally entered USA? Also if one has overstayed.. will US not allow a return under any circumstance even if for just a weekend visit?? thanks!

The Cdn officer simply doesn't care. He will record the date you enter canada. Then the computers will talk to each other.

Overstay by a Cdn tourist is not subject to any automatic bar by US, however, if they know you overstayed, they are unlikley to let you in, but are not required to bar you.

Hi Everyone,

First I have to say I am very thankful I found this forum... it has been a wealth of information for my current problem. Basically here's the story.

My family is Canadian and I am a Canadian citizen. We moved around a lot due to my Father's work when I was young, until we landed in Ohio when I was 13. I stayed in Ohio until I finished Highschool (all covered under my Father's work visa as family members) and I returned to Canada to do my University studies. I have just finished my University studies and now I have returned home to my family in Ohio.

I made a few mistakes before I got home here. In particular I never applied for a visa of any sort! So it seems (according to this forum and all other information I have) that I have to leave the states at the end of my six months here (which is very soon). My problem is that I don't have anywhere to go in Canada, so I would rather stay with my family and help my mom with my younger siblings and all of that.

I had thought of just going up to the border at the end of the six months leaving and re-entering the US but that seems like a bad idea (I don't quite understand why though). I guess I'm looking for an opinion here basically. What should I do at this point? I don't want to leave the U.S at all if it's avoidable... any more information would be great!

I'm also curious as to what exactly are the penalties if I am found in the US past the six months? It would take an awful lot to be able to get back to Canada on the short notice I currently have. Also, for the record I'm not concerned about provincial medicare, which seems to be a recurring theme.

Thanks!

The problem you face is that anyone (Cdn, martian, whatever) visiting US needs to have a permanent home outside US at all times.

You don't.

The penalties you would face if caught in US would be immediate removal, and possibly bars lasting 5 to 10 years.

What status does the rest of your family have now?

My father has a H-1B Professional Visa (economist), and to be honest I forget what my Mom has but she doesn't work... she just has the local one that allows her to stay with Dad. My two younger sisters both fall under the same category (12 and 13) and my 20 year old sister has the visa status where you go from being in school in the states to working there... sorry I forget the name of this one.
*EDIT* I think they have H-4 Visa status...?

I do have an older Sister who currently resides in Northern Manitoba... if I claim my residence as there at the border would that allow me to return at all?

And YIPES! thanks for the headsup regarding penalties... I was debating wanting to do some more studies here in the states, and obviously I wouldn't be able to do that with a 5 year ban!

Since you are over 21, you no longer benefit from derivative status, so you can only visit occasionally.

You can't 'claim" to live with your sister, if you don't. That's lying and will also get you banned.

You need to start living in canada.

Thanks for all the information Agnelson... just a few last quick questions.

I entered the states originally at the start of August. I had to come back to Canada right at the end of August to move the last of my things to the states as my lease expired... which of the two dates counts towards the six months? I was only gone for a weekend at the end of August, so not very long at all.

And aside from that, if I go back to Canada within my six months, can I then apply for a work visa with no penalities for it for the US (from Canada?).

Thanks so much for your help... I'm already looking into where I can live temporarily in Canada while I figure out a visa for the states!