We went to Florida from Ontario Oct 30th, 2011, returned for 2 weeks at Christmas (Dec 15-30)and then returned to Ontario April 22nd 2012. Went to US for 5 days in June. Do I have any days left in 2012. Is the 182 days calculated on a calendar year e.g. Jan to December. or an evolving year from the date of entry to a corresponding date 12 months later.
Province/Territory relating to question: Ontario
on line review, CAA and Snowbirds, talked to friends. Tried called US immigration. Unable to get satisfactory answer
You are not limited to 180 days per year. You are limited to 180 days per trip. The more you stay out, the better it is, but you are not limited to 180 days per year but per trip. Please let me know if you have any additional questions. I would be happy to answer them for you without additional charge. If there is a delay in getting back to you it is either because I am answering other questions or I had to log off, but I will be back with you as soon as possible. My goal is to provide you with top-notch service - please don't forget to leave me feedback if that is available for you to do so and a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!
All information I have received indicates we are allowed 180 days in a 12 mo period or in a calendar year. You have not answered my question, and all information I have received indicates that your information is of no use to me. I am a Canadian Citizen visiting in the US during the winter months and occasionally during the summer.
Relist: Inaccurate answer.
Wow, this is amazing! I really REALLY hate this new feedback system. The customer can put BAD SERVICE without even asking the expert any follow-up questions even though I specifically stated that you could do so. Obviously, the information that you have is making you wonder about something because if it was so clear and straight-forward, you would not have come here to ask an expert and I am an expert with a license to practice law and 10+ years of experience in this field. When I first saw your question, I hesitated to answer it because the last time I answered the same question, I got the same reaction (an unfair reaction), I got into an argument with the Canadian gentleman and everything. But guess what? I won that argument too! The sad thing is, I know I was right, I showed him proof that I was right, I even gave him an OFFICIAL U.S. government page and you know what? The gentleman never apologized and I don't even think I got paid for the correct answer that I gave him. I hope that this isn't the case with you. All I want to do is help and with this new rating system, it is very insulting to the experts. I hope they remove it soon. I do apologize, however, because after looking at my original answer, it was too short and I should have backed it up. That was my fault and I apologize. Here are TWO official links that support what I say:
Specifically, If you are from Canada, the length of stay for tourism is 6 months. Canadians may file for an extension of stay with the U.S. Citizenship and Immigration Services. This implies that if you can get an extension, then it is obvious that the maximum stay is NOT 180 days per year.
And more importantly:
Specifically, 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.
I hope that this serves to answer your question. Again, I apologize because my original answer was too short and especially for not putting the official links in my first answer. Please do not forget to leave feedback if that is an option for you as that is the only way that I can get credit for my assistance. Thank you.
10+ years of experience in various aspects of U.S. Immigration Law.
My apologies If I was abrupt and upset with your answer as it contradicted the information I have received the the CAA and Snowbirds, and all the snowbirds believe 6 mos in a year (either calendar year Jan-Dec) or evolving year (any month to the comparable month the following year. . (I thought you had some clerk type up the answer for you, .) I was in a hurry to get away to a cottage on June 29th -no internet and do not have a smart phone)
Sorry about the delay in getting back to you. I am glad you are back and saw the information that I had for you. Again, my apologies for not putting it in my original answer. Sometimes I answer questions too quickly to get to the next question. I need to slow down a little.
So yes, you can stay for 6 months at a time and you could leave for a short time and come right back for another 6 months, but the longer you stay in, the harder it will be the next time. They want to see that you are living in Canada and just visiting the U.S. and will return to Canada. Most of the time, for Canadians, they don't even bother too much, but you can never be sure. So no you do not have to technically worry about exceeding 180 days in any calendar year or in any 12 month period, but you should carry with you the evidence of your strong ties to Canada to show that you won't easily abandon the country.
Thank you for coming back and sorry about the delay. Please do not forget to leave feedback if that is an option for you as that is the only way that I can get credit for my assistance. Thank you.
Sorry, as far I concerned the question is still not answered. You are indicating that the calendar year or evolving year does not apply. 6 mos anytime.
How can you say that it is not answered? It is VERY clearly answered and it is an OFFICIAL link. What more do you want? "There is no set period of time Canadians must wait to reenter the U.S. after the end of their stay..." How could that be any less clear? You are NOT limited to 180 days per year. You are NOT limited to 180 days per any 12 month period. The ONLY thing you have to worry about is IF an immigration officer FEELS that you are spending too much time in the U.S., you have to convince them that you are not living in the U.S. and that you have strong ties to Canada and will be going back as soon as your visit is over. That's all they care about. Please do not forget to rate me positively because you gave me a bad rating before and I have now provided you with an OFFICIAL link. We can still continue to communicate without additional charge even after you do. Thank you.
And just in case you didn't see this link that is attached to that OFFICIAL site:
So please do not forget to update your rating of me. If you do not, I do not get paid for the valuable, true and correct answer that I have given you. Thank you.
Well, since you do not want to rate me so that I can get paid for my service to you, are you looking to get a refund? I don't understand how I have not answered your question.
Ok I have c licked the face Good in 3 places, don't see any submit
Thank you for your effort. Perhaps there is a pull down menu or such with my original answer? I have never been on the other side so I don't know what you see. If it doesn't work, I can always ask the admins to take care of it. Just let me know. Thanks again.
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