Canadian Visitor to US

[stephiejoyce 0]

A Canadian is allowed to visit the US without a visa for up to 6 months in a calendar year. Each visit is part of the total 180 days. My questions are...

1. Does customs/border patrol really know how long someone has been staying in the US if they enter by car and there's no passport stamp? I am not trying to work the system, but don't understand who is counting the 180 days.

2. If the Canadian wants to stay longer than 6 months in that calendar year, what are the options? Is there a visa to apply for?

Any suggestions, thoughts, or experiences are helpful.

Thanks,

Stephanie

[JeannieL 44]

When you cross into the US by car you are asked for your passport. They scan and put the information into their system. They do know when you come and go. If you have an over stay and get caught you will be banned from entering the US. Best not to overstay or try to.

[Kathryn41 3,205]

Border guards also scan the license plates of vehicles entering through the land borders and if a plate comes up showing a suspicious amount of time spent in the US, then you can expect to get pulled into secondary. You would be questioned about your physical presence in the US - and you absolutely cannot lie. Lying about something like this is called misrepresentation and is considered grounds for a life time ban on getting any sort of entry or visa to the US.

If you wish to stay in the US for more than 6 months, you can apply for a B2 visitor visa which may or may not be approved depending on the amount of time you have already spent in the US, the reason for your extended 'visit' and the strength of your ties to Canada. You would need to provide very strong 'proof of ties to Canada' - property owned, job ties (including explaining how you can support yourself without working for 6+ months as you are not allowed to work in the US while maintaining all the necessary residential ties and expenses in Canada), financial and personal responsibilities that necessitate your physical presence in Canada, ongoing residential ties (eg lease or mortgage for a primary residence), etc.

In addition, if you stay in the US for more than 6 months a year you compromise your Provincial Health insurance (it is only valid outside of the country for 6 months and is then cancelled), as well as make yourself liable for having to file a US Tax Return with the IRS. In order to exempt yourself from this you need to file a form with the IRS that establishes you have maintained closer ties to Canada than to the US than would be evidenced by your physical presence in the US.

Basically - if you are staying in the US for more than 6 months then you are really are not visiting but 'living' here and you need proper immigration documentation to do that legally.