When can I enter the USA again?

I've been in the US since August 2010, and I'm staying until January 2011 (5 months). Since I'm Canadian, I'm on a visa waiver program and I can't extend my stay. I know that I can only stay in the US for up to 6 months. But since I'm staying after the new year, can I technically stay till June? If not, how long do I have to go back to Canada for before I can go back to the States? A week, a month, or 6 months? Please help me.

I've been in the US since August 2010, and I'm staying until January 2011 (5 months). Since I'm Canadian, I'm on a visa waiver program and I can't extend my stay. I know that I can only stay in the US for up to 6 months. But since I'm staying after the new year, can I technically stay till June? If not, how long do I have to go back to Canada for before I can go back to the States? A week, a month, or 6 months? Please help me.

HI Amy-Rose, you actually have two options. First is that, contrary to your belief, you may file an I-539 to extend your nonimmigrant status in the U.S.

The second option is to return to Canada and then cross the border again. The 6 months stay counts from your entry to the U.S., so you will have to leave by February 2011 in order to keep your immigration history intact. While you may technically go back to the U.S. the same day or the other day after leaving, there is a great chance you will be stopped at the border if you cannot demonstrate the temporary nature of your stay in the U.S.

Please note, our firm can prepare a re-entry package for you so that it explains your entire situation to the officer.

If you need personalized professional advice, you may contact Niren & Associates at 1-866-929-0991 (toll free).

Michael Niren