TOTALLY A RUMOR -- a rule of 183 days/calendar year in US

lbhl
CanuckAbroad Regular



Joined: 27 Sep 2007
Posts: 31

Posted: Tue Oct 02, 2007 4:29 pm

 

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After I thoroughly checked the info. regarding how long a Canadian can travel in the US without a visa, I now can officially say IT IS TOTALLY A RUMOR that one can only stay 183 days per calendar year in the states!

Throughout many official US government websites like amcits
I absolutely see NO this rule imposed. However, what they do impose is you can only live up to 183 days PER VISIT there rather than every calendar year checked against the ACCUMULATED 183 day residency requirement.

Also the words "calendar year" is ambiguous since no knows how a calendar year is calculated and when it starts.

A Canada immigrant on 2-10 year's multiple entry B1/B2 visa with their non-Canadian passport will be typically granted half a year length of validity when they enter US. When they come back to Canada in 183 days they can even gain reentry immediately free of such "183 day/calendar year" shit rules ----- I really have never heard of this kind of regulation as my friend on B2 visa with Chinese passport has gone to US back and forth many times with an accumulated residency FAR MORE THAN than 183 days within one year. She has never been refused entry on the USA custom.

I now bet $100 for this.
Any one who can bring an extraction from OFFICIAL government web sites to convince us of the rule of "183 days per calendar year", simply post the link here and I will send you a $100 check! No kidding!

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canadiangirlforever
Junior Member



Joined: 06 Oct 2007
Posts: 21
Location: Canada

Posted: Sat Oct 06, 2007 4:50 pm

 

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Thank you soooo much for checking that out! You are awesome.

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canadiangirlforever
Junior Member



Joined: 06 Oct 2007
Posts: 21
Location: Canada

Posted: Sat Oct 06, 2007 5:42 pm

 

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This was taken from the CBP.gov site. You are right about the 183 day calendar rule; it's a myth. I'm so sick of people posting otherwise!

The burden of proof is always on the applicant. There is no set period of time Canadians must wait to re-enter the U.S. after the end of their stay, but if it appears to the CBP officer that the person applying for entry is spending more time over-all in the U.S. than in Canada, it will be up to the traveler to prove to the officer that they are not de-facto U.S. residents. One of the ways to do this is demonstrate significant ties to their home country, including proof of employment, residency, etc.

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1487
Location: North Carolina

Posted: Sun Oct 07, 2007 5:27 am

 

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but then if you ask a US CBP officer who is interrogating you what the rule is, they'll tell you 6 months in, 6 months out. I've been told this before myself by CBP.
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canadiangirlforever
Junior Member



Joined: 06 Oct 2007
Posts: 21
Location: Canada

Posted: Sun Oct 07, 2007 8:41 am

 

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I went in last year from Nov 28th '06 to Feb 28th '07 and regained entry March 15th '07. i guess it depends on the guard.

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flames9
Senior Member



Joined: 08 Mar 2007
Posts: 114
Location: Falls Church VA

Posted: Sun Oct 07, 2007 11:23 am

 

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Lot of "immigration" events depends on the guard. Each guard interprets events/materials in different ways. Can work in ur favor, or it may not.

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canadiangirlforever
Junior Member



Joined: 06 Oct 2007
Posts: 21
Location: Canada

Posted: Sun Oct 07, 2007 2:22 pm

 

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i agree with your post flames9 and i don't think that is right. I think it's terribly wrong when borderguards basically interogate you like you're a criminal. there should be a set of requirments and if you meet them, you can enter w/ no fear of being denied or interogated.

on my birthday my ex husband and i (we are getting back together) want to visit friends (we have the same birthday) and we can't look forward to, get excited or really make plans 'cause you can be denied entry depending on how the guard feels that day.

I have had a few pleasant crossings so i'm guessing there are nice and mean guards.

the first time i came to the u.s. i was fingerprinted, photographed and denied entry; it was tramatic enough that I felt like i'd have a case if i chose to sue them. i do not have a record and they have no right to treat me so badly.

i understand what they're trying to do but googling names and laughing and playing w/ people's minds (mindgames) can be tramatic and it's not right. keep the criminals out yes, remove illegals who break through the border and/or overstay, and work illegally but don't harrass people just because you have the power to.

it's scary and has made me reconsider ever seeing my friends in America again. it's too inconsist and too harsh for people who just want to visit legally.

i am sure it makes law abiding people think about doing things the wrong way because honesty seems to go against you. you get no brownie points for being a good, law abiding citizen. it just sucks!

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