As a Canadian, do I need to leave the USA for my 6-month tourist visa 182-day window to reset?
Here's how I've stayed in the US:
I arrived in Hawaii on August 30, 2017. I left to Canada on December 14, 2017. I stayed 107 days.
I arrived back on Nashville on January 18, 2018. I left to Mexico on February 26, 2018. I stayed 40 days.
I arrived back in the USA on August 8, 2018. I can stay 35 more days.
Technically, I need to be out on September 12, 2018 to stay 182 days within a 12-month period. But I'm wondering if my 12-month period resets on August 30, 2018. If it does, can I just stay in the country as part of my 182 days of this second 12-month period I'm entering into? Or do I need to leave the country for everything to be ok?
Any help greatly appreciated. Thank you!
Best Answer
There is a 120-day rolling window that applies in this situation. If you exceed 120 days per year using this special formula (where stays of previous years count as fewer days - days of the prior year count as 1/3 days ,and stays of the year two years removed count as 1/6 days), then you are deemed to have become a US resident and will be subject to US taxation.
So, if you hadn't stayed any days in the previous three years in the US, you might well be able to stay 182 days in a calendar year, but if you've had stays in prior years, then you need to do the math to see how it works out.
This all assumes you don't have US citizenship or the legal right to settle or work there.
Pictures about "As a Canadian, do I need to leave the USA for my 6-month tourist visa 182-day window to reset?"
Can I come back to the US after staying for 6 months?
Maximum Period of Authorized Stay Therefore, a person who stays for six months and, instead of applying to extend their visit inside the U.S. if they are a visa holder or a Canadian, departs and attempts to return to the U.S. in less than six months from the departure date, will be barred from re-entry for six months.How long do a Canadian have to leave the US before returning?
Canadians can usually stay in the United States for a maximum of six months (about 182 days), during a 12-month period. The allowed time spent in the USA can occur during one trip or it could be the sum of several trips.What happens if a Canadian stays in the US for more than 6 months?
The Internal Revenue Service (IRS) has guidelines in place that Canadians must comply with. If you do stay for an extended period, you may have to file tax forms to the IRS, beyond six months. You can determine your liability to taxation through the substantial presence test.How soon can I re enter the USA on tourist visa?
There is no limit on the number of times you may enter the U.S. under either ESTA of a visa. However, if reentering the U.S. using ESTA soon after staying for nearly 90 days, you can expect to be questioned in detail by the immigration officer about the purpose of your visit.How To Apply For CANADIAN Visitor VISA 2019 - No Show Money Required | 10 YEARS VALIDITY
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Answer 2
There is no rule that you can only "stay 182 days within a 12-month period". On each entry as a B2 visitor, you can be admitted for 6 months (although it is in the discretion of the officer to admit you for less time or to deny you entry altogether), regardless of the length or recentness of your previous visits. Whatever time you are admitted for, that is how long you can stay on that visit.
It's theoretically possible for you to be in the US for 6 months, leave and come back the next day, and be admitted for 6 months (although again, the officer could admit you for less time or not admit you at all); and you can stay for that 6 months if that's what you were really admitted for.
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