Can a Canadian Travel to the USA twice, less than 180 days each time?
I plan to travel to the USA for less than 180 days in 2019. I will return to Canada for Christmas and New Years, then return to the USA for approx 4 months and for sure less than 180 days.
Can I do this? I've seen online 180 per calendar year (which would make this plan ok) and in other places per 12 month rolling period (which would make it not ok.)
Best Answer
US immigration law generally allows people entering in B-1 or B-2 status (which includes Canadian visitors without visas) to enter for up to six months per visit. There is a lot of misinformation out there about this.
Rather than having a strict requirement of no more than six months out of some longer time period, the US gives immigration officers the discretion to refuse entry, or sometimes to grant admission for a shorter period than six months, if they find that a visitor does not satisfy the conditions of admission as a visitor (for example, if they think you're actually living in the US and making occasional visa runs to Canada).
Canadians (and others) who spend a lot of time in the US also have to worry about US tax law, because spending more than a certain amount of time in the US makes one a US resident for income tax purposes (regardless of immigration status). Such a person must report their entire worldwide income and figure their income tax accordingly.
The answer to your question, therefore, is yes, you can do this, if the officer allows you to re-enter. If the time between your visits is very short, because the officer might decide to consider the length of the two visits together.
In any event, do pay attention to the substantial presence test and the closer connection exception.
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How many times can a Canadian enter the US?
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.How often can you enter the USA?
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 many days per year can a Canadian stay in the US?
According to the U.S. Immigration Act, followed by the USCIS, a Canadian resident who is not a U.S. citizen, nor a green card holder, can stay in the U.S. for no more than 180 days a year.How long do you have to leave the US before returning?
There is no set period you must remain outside the USA before returning but: "When traveling to the U.S. with the approved ESTA, you may only stay for up to 90 days at a time - and there should be a reasonable amount of time between visits so that the CBP Officer does not think you are trying to live here.How Long Can a Canadian Stay in the US?
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Answer 2
There is no specific rule, rather, you shouldn't be trying to live in the US by successive visits. If you visit the US for five months, leave for three weeks, and then try to return it is likely that the border guard will consider that you are trying to immigrate by default and deny you entry.
I'm not saying this can't be done, but you're going to need an extremely compelling story on your second visit.
Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.
Images: William Fortunato, Roberto Lee Cortes, Charlotte May, Kamaji Ogino