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Georgetown Lawyer
Georgetown Lawyer, Immigration Lawyer
Category: Immigration Law
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How long can a canadian citizen stay in the US, per year

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How long can a canadian citizen stay in the US, per year? Is there a total yearly limit? If so, where is this explained in regulations or law?

cheers, thanks
Submitted: 5 years ago.
Category: Immigration Law
Expert:  Georgetown Lawyer replied 5 years ago.
Thank you for allowing me to assist you. If there is a delay in my reply, I am helping others but WILL reply to you asap. Thanks for your patience....Canadians can come into the u.s. for up to 180 days per year (or 6 months). this is not written in any regulations or law, it has developed as an unwritten policy over the years and most Canadians are told this at the border when they enter the u.s. more than once. Here is an article that is still relevant today because it has yet to be written in the law:

I hope this helps clarify. Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work (as you would like to receive credit for your work). Positive feedback is also appreciated, if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is not required. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice. If you specifically want me to answer a future question put “FOR GEORGETOWN LAWYER” in the subject line and I will reply asap.
Customer: replied 5 years ago.

Ok, to clarify. I really would like to nail this down. The State Department web site mentions nothing on 180 days per year - it specifies per visit. Where is this (the per visit limit) legally defined? I would like to confirm that the law that specifies the Canadian visa waiver / six month limit does not mention any limitation on days per year.

Is there any legal basis for the informal practice? Any case decisions? Any notion of defacto residence defined in case law, regulation, training manuals? Where does this come from, other than the culture of the CBP?


cheers, thanks

Expert:  Georgetown Lawyer replied 5 years ago.
It came from CBP and practice. it's that simple. the 180 days per year is to prevent a person from being charged with living in this country. permanent residents of the u.s. must spend at least 180 days per year in the u.s. to maintain their permanent resident status and therefore anyone who is just visiting and spending more than that time runs the risk of being accused of trying to live in the u.s. without the proper visa and eventually will be denied entry and by the way that has happened to many Canadians who have consulted with me AFTER being barred from the u.s. and after having bought houses here and pretty much living in the u.s. so the 180 days per year is a safe rule of thumb and I'm sorry there is no written regulation I can point you to.. many things in u.s. immigration is just from practice and procedure and not codified in the written law and this is one of them. I hope this helps clarify. Thanks and please be sure to click ACCEPT so that I may be given credit for my time and answers. Best regards.
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