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How long Canadian Citizen can stay in USA

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  • How long Canadian Citizen can stay in USA

    I was curious how long can a canadian citizen stay in US. Do they need to acquire a visitor visa? Is there certain time that they need to be outside US before then can re-enter again for a certain length of time?

  • #2
    All Visa waiver countries I think is 90 days in US

    For canadians max 6 months (without a visa ) as if they stay more than 6 months , They become resident for taxes there .

    They could move up and down pretty often but may be questioned a lot more at POE (port of entry ) than people who have valid visas iresepective of the nationalieties.

    Comment


    • #3
      Canadians can generally visit for up to 6 months and must maintain a foreign (Canadian) residence. Visits can be (and usually are) undocumented but the underlying status is B2. The 90 rule is for countries designated in the Visa Waiver Program. Canadians do not require a visa and Canada is not a designated country in this program. If a Canadian stays longer than 6 months, the danger is not in being deemed a tax resident of the US but in being out of status and deportable. A further danger in overstaying in the US is losing one's health insurance eligibility in Canada. This is the factor that brings most snowbirds home each spring.

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      • #4
        This thread is long time ago. I am not sure if anything has changed.

        I can only find information (US state travel, CBP) about there is no need for Canadian to apply visa to USA but for all the websites I check, I cannot find how long they can stay.

        1) One site says they can stay up to 6 months.
        2) Another site says immigration will just stamp the entry time on the passport and will not have expired timestamp that the Canadians need to be out of the US.

        So which one is true?

        Does anyone here have a real experience that can tell and not just those model answer from the prints.

        Thanks.

        Comment


        • #5
          Canadians can stay for up to 6 months, and this will be stamped on the passport. But, the officer can authorise a shorter stay, maybe if the Canadian has been to the US recently.
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          • #6
            Even if there is no passport stamp, the default time is 6 months.

            Originally posted by cafeconleche View Post
            Canadians can stay for up to 6 months, and this will be stamped on the passport.
            Regards,
            S K Ghori
            skg@vex.net
            http://www.vex.net/~skg/

            **NOTE**
            I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

            **DISCLAIMER**
            I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

            Comment


            • #7
              Originally posted by heresmine View Post
              Canadians can generally visit for up to 6 months and must maintain a foreign (Canadian) residence. Visits can be (and usually are) undocumented but the underlying status is B2. The 90 rule is for countries designated in the Visa Waiver Program. Canadians do not require a visa and Canada is not a designated country in this program. If a Canadian stays longer than 6 months, the danger is not in being deemed a tax resident of the US but in being out of status and deportable. A further danger in overstaying in the US is losing one's health insurance eligibility in Canada. This is the factor that brings most snowbirds home each spring.

              1) Is it the law in Canada that if a Canadian citizen is out of Canada for more than 6 months, i.e. from the 181st day, s/he will lose her/his health insurance eligibility in Canada?
              2) How will Canada know a citizen has been out of Canada for more than 6 months? By the border control record? or ??? -- which also prompts my next question ..
              3) It's now March 2011, do USA border agents stamp on our passports every time we enter and exit the USA, both by land and by air? Do Canadian counterparts do the same? And do they "talk", i.e. share these records, with each other?

              Thank you.

              Comment


              • #8
                they can stay for 6 months but if you want to stay longer i suggest you to get a visa.
                new york immigration lawyer

                Comment


                • #9
                  protecting offshore tax status

                  I read in a financial letter that if you live in a tax free country. ( Bermuda, Turks and Caicos, Caymans etc ) the states are now Taxing you as a resident on worldwide income if you stay more than 60 days. This is a departure from the old 1/2 year rule. Can any one confirm ?

                  Comment


                  • #10
                    Marrying an American next month, I-485, and 6 month clock ticking question

                    My own fault for not seeing that the I-485 costs $1070 dollars and I read all the rules. First question is the medical exam? How much is it? More importantly is I entered from Toronto and they never stamped my passport. I really cannot prove I entered legally except show my plane ticket and hope for the best.The fee is a bit rough on our budget right now so here is my question(s). How would they ever know if I lied to them about when my entry was? Secondly, everyone says 6 months but some say 6 months in a calendar year? If it is calendar year, then November, December are 2 months, clock starts over and now I have another 6 months.I really need to know who is right about this. If you THINK, please don't answer. If you KNOW, please do and direct me to a link. When I saw she never stamped my passport at the airport, I really just didn't want to rock the boat by going back to see her. Why didn't she stamp it, and what is to say I didn't just get here last week?

                    Oh, the other form to work immediately? Anyone done that and if so, can you work right away by getting the SSN. It was a little unclear, but sounds like pretty quick after the application. Honestly everything has a million pages on Visas and whatever, but the US has written nothing about a Canadian who is exempt from all the paperwork jazz.

                    Comment


                    • #11
                      USCIS has access to all airline records and can verify your arrival date.

                      Medical exam report (form I-693) from an approved US doctor is a requirement before USCIS will approve I-485 and it costs $300-500. You should also include cost of I-130 which is $420. Total comes close to $2000 without lawyer fees.

                      If you want to work, file I-765 (no adidtional cost). You might also want to apply for advance parole (form I-131, no additional cost) which allows you to travel out of US and return while I-485 is pending. Otherwise I-485 will be considered abandoned if you leave US.
                      You are allowed to submit I-130 + I-485 + I-765 + I-131 together in one package.

                      Once you get your work authorization (called EAD Employment Authorization Document) you can apply for SSN. It takes 3-5 weeks to get SSN. You can begin to work after getting EAD and SSN.

                      After you file all forms, you will be called for fingerprinting and EAD will be issued 3-6 weeks after fingerprinting.
                      Last edited by nkm-oct23; 8th January 2013, 07:13 PM.

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                      • #12
                        lawyer?

                        I have nothing to hide, very clean and clear Canadian. I am also not afraid of any paperwork .Who ever uses lawyers and why? What about the six month thing. Is it in a calendar year, or six months in a 365 day period? I mean did my clock just restart on January 1st? This question seems to be the worst guessed, not known question I keep finding.

                        Comment


                        • #13
                          I did not suggest that you have something to hide, nor did I suggest that you are afraid of paperwork. Some people get lawyers involved because their cases are complicated or they are not comfortable filling out paperwork themselves.

                          When exactly did you arrive in the US?

                          Comment


                          • #14
                            where I landed

                            Sorry, just been busy. If I went home even for a day, does the clock restart, or do I have to stay home for 6 months because I will have already done 6 months? I got here Oct 31st, O'Hare Chicago. Lots of time left, except the marriage. I wish it could be more romantic, but that isn't going to happen.



                            Originally posted by nkm-oct23 View Post
                            I did not suggest that you have something to hide, nor did I suggest that you are afraid of paperwork. Some people get lawyers involved because their cases are complicated or they are not comfortable filling out paperwork themselves.

                            When exactly did you arrive in the US?

                            Comment


                            • #15
                              How a Canadian citizen can stay in US, if husband is in US on H1B visa?

                              Hello,

                              I am in US on H1B visa. My wife is Canadian citizen and we want to stay in US for sometime be an year or so. I trying to figure out what kind of visa is required for my wife to stay in US for longer period of time (around 1 year).

                              Thanks!

                              Comment


                              • #16
                                Your wife can request entrance in H-4 status, providing proof of Canadian citizenship and your H-1 status (your I-94).
                                ------------------------------------
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                                • #17
                                  Originally posted by TheRealCanadian View Post
                                  Your wife can request entrance in H-4 status, providing proof of Canadian citizenship and your H-1 status (your I-94).
                                  Thank you for your quick reply. I have couple of related questions to0:

                                  1) So only copy of my I-94 will be sufficient or she needs to carry any other documents?
                                  2) She will get the visa on US POE or any special appointment is required with US consulate?

                                  Thank you!!

                                  Comment


                                  • #18
                                    Originally posted by gagan.komal View Post
                                    Thank you for your quick reply. I have couple of related questions to0:

                                    1) So only copy of my I-94 will be sufficient or she needs to carry any other documents?
                                    2) She will get the visa on US POE or any special appointment is required with US consulate?

                                    Thank you!!
                                    Can I get any response on this? that will be a great help!!

                                    Comment


                                    • #19
                                      Originally posted by gagan.komal View Post
                                      Can I get any response on this? that will be a great help!!
                                      You've probably already figured this out from other sources by now since it has been 2+ weeks but just to answer anyways:

                                      If your wife is a Canadian citizen she doesn't need a visa, just show up at the border with proof of Canadian citizenship (a passport or, if crossing by land, an enhanced driver's license). Your I-94--as well as a copy of your marriage certificate--will probably suffice but it doesn't hurt to also have a couple of recent paystubs to show continuing employment in the H-1B job.
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                                      • #20
                                        Length of stay for Canadian in Usa for compassionate reason?

                                        My sister recently underwent major surgery for abdominal & ovarian cancer. She requires constant assistance for all everyday functions. I am the only relative able to give her this help. With upcoming chemotherapy &possible radiation treatments I fear that I may have to stay in the USA for longer than 6 month. My normal residence is in Ontario, Canada & my sister resides in Florida. Is there anyway THAT I CAN EXTEND MY STAY FOR LONGER THAN NORMALLY PERMITTED ?

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