Questions about Canadians overstaying in USA

[CanGirl 95]

I need to know if this is considering overstaying or not. I can't find any clear indication about 180 days in 1 year or not.

November 3, 2012 - April 27, 2013 - 175 days stay in USA

April 27, 2013 - May 17, 2013 - 21 days stay in Canada

May 18, 2013 - August 31, 2013 - 105 day stay in USA

There is also no clear indication about the time I have to spend in Canada before going back to the USA.

If I go by the amount of time spent in USA in 1 year (2013) it would have been 117 + 105 days for a total of 222 days. Am I just overthinking this?

[JohnR! 5,495]

If you were given 6 months on both entries then you did not overstay. Overstay only counts when you spend more than 180 days in a row in the US, which is not your case.

[Udella&Wiz 325]

Based on searching in this forum it appears that it is 180 days/visit. It is not per calendar year or even per rolling year. The 180 re-sets each time you enter the USA.

Someone will correct me if I'm wrong but it doesn't appear that you overstayed either visit so you're in the clear.

Keep in mind they could decide you've spent way too much time in the US when you cross the border next time.....but of course you're now applying for a VISA and can show that.

[CanGirl 95]

Thanks for your replies that really eases my mind. I am actually in the US now staying for 2 weeks. The CBP officer just needed to see my NOA2 for i-130 and return ticket and I was fine.

[NikLR 13,227]

As far as I've ever seen on the CBP it's 180 days per year not per visit. Since they can't tell when you left, there's no real way for them to decide beyond denying you entry or giving you a ban. If you don't have either of those don't worry about it, but I would make a plan to not visit for longer than 180 days per year in the future as if you spend more than 183 days outside of your province you stand to lose provincial health care. Just an FYI.

Oh but you're immigrating so THAT doesn't matter... LOL

Just read your siggy.

[Rob & Monika 87]

They can tell when you left when you fly. I read on here a while back where someone had a ticket to leave the country during their K-1 visa period and their AOS was denied for "leaving". The issue in the post was that they never boarded the plane but was still flagged as having left the country because they were on the passenger manifest.

[nightingalejules 678]

You'd be more likely to get in trouble on the canadian side, if you need to use healthcare, as you are supposed to be resident at least 6 months a year in Canada to qualify

[Boiler 45,516]

Canadians are usually admitted for duration of status.

[JohnR! 5,495]

Canadians are usually admitted for duration of status.

Canadians tourists are admitted for 180 days only. Duration of status apply for other categories, such as students, with the proper visa.

http://canada.usembassy.gov/visas/information-for-canadians.html

Edited April 10, 2014 by Gegel

[Boiler 45,516]

Nope

[Teddy B 17,252]

The duration of status for Canadians means that they can overstay but they cannot accrue illegal presence unless they have been told to leave by a certain date by an immigration official. In other words Canadians are not eligible for a ban unless given a mandatory exit date. Every entry is limited to 6 months or 183 days unless otherwise noted. Overstaying the 6 months is still not a good thing and not recommended for various reasons including not being able to re-enter the US for a while and losing your Canadian healthcare.

[CanGirl 95]

Canadians tourists are admitted for 180 days only. Duration of status apply for other categories, such as students, with the proper visa.

http://canada.usembassy.gov/visas/information-for-canadians.html

According to this: http://canada.usembassy.gov/visas/information-for-canadians.html

Canadian visitors are generally granted a stay in the U.S. for up to six months at the time of entry.

'At the time of entry'.. it doesn't say anything about 6 months per year. Am I correct in thinking this?

[Boiler 45,516]

Canadians do not get I 94's, well so I have read.

[NikLR 13,227]

It used to say on various CBP sites that it was 180 days. Now I can't find that anywhere, even says you don't have to wait any period of time outside the USA to reenter. BUT it does say this:

The burden of proof that the Canadian citizen is not an intended immigrant (plans to make the U.S. their primary residence) is always on the applicant. There is no set period of time Canadians must wait to reenter 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. (See list attached.)

https://help.cbp.gov/ci/fattach/get/46681/0/filename/Intentions+and+Ties.pdf

[Boiler 45,516]

That goes for any visitor.