Canadian on B2 visa
I recently graduated from an American university (F1) as a Canadian citizen (May 2019), and I left the country and couldn't file OPT for administrative complication on my school's part. Therefore, I came back to America from mid-August to mid-December on a B2 tourist visa trying to take my DATs (Dental Admissions Test), but couldn't due my underestimating the breadth of the exam (6 sections, the biology section notes itself was over 500 pages long, on top of general chemistry, organic chemistry, reading comprehension, quantitative reasoning, and perceptual ability - combined with the fact that you can only take it 3 times total and every attempt is recorded, and 90-day wait periods between retakes)
So, I stayed in America for 4 months last year on a B2 (Mid Aug-Mid Dec), and came back and am planning to go take my exam in Mid-February, but flying out on Jan 29th. (so I returned around a month and a week). When they ask me for the purpose of stay, I am going to say study/take my DAT and my GREs, see my friends (I am going to my alma matter to also ask for letters of recommendation from old professors in person), and apply and interview with grad programs. As for the duration of stay, I am going to say up to 6 months but am intending to return sooner if I finish everything up earlier.
I saw that by law, Canadians are allowed to stay for up to 6 months per stay on B2, and while there isn't a specific period of time before being able to return on a B2, you would have to prove significant ties to your home country (for me, my family, friends, and home is in Canada, and I am financially dependent on my parents so I couldn't stay for periods outside of my declared stay).
While there are many conflicting statements on how long a Canadian could stay in America per year, this Forbes article from an immigration lawyer in 2019 mentions that there is no limit to how long a Canadian could stay in America on a B2 as long as you can prove that you are indeed a visitor.
I know that I will probably get grilled by a CBP officer at my POE (preclearance airport), but I am able to answer every question with my intent as a true visitor and have a squeaky clean travelling record and even a NEXUS card.
Would I be allowed to enter like this? I am getting increasingly nervous as my flight date is approaching.
Best Answer
Your understanding is correct. You can be admitted for up to 6 months and there is no rule preventing that. Or the officer can, in his/her discretion, admit you for shorter than 6 months or deny you entry altogether.
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Can I enter Canada with a B2 visa?
Can I go to other countries while I'm in the U.S. on a B1 or B2 Visa? B-1 or B-2 Visas: During your visit to the U.S., you may visit Canada or Mexico for up to 30 days and re-enter the U.S. as long as you re-enter within the period noted on the Form I-94 which you received when you first entered.How long can a Canadian stay in the U.S. on a B2?
Residents of Canada are allowed to stay in the U.S. for up to six months in any consecutive 12-month period on their virtual B2 visa. Explanation: The B2 visa is the immigration category covering leisure visits, tourism, and non-business travel.Is US tourist visa valid in Canada?
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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 to apply USA visitor visa from Canada | B1/B2 America visa kaise apply kare | My experience
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Answer 2
There is no legal limit on how much time you can spend in the United States in B-2 status within any 12 month period. Admission will generally be limited to 6 months at a time but it is not impossible to be admitted for another 6 month period shortly after a previous visit has ended.
Given your circumstances it seems likely that you would be admitted for another 6 month period since you have several positive factors including ties to Canada, compliance with the conditions of all previous visits, and the fact that your parents apparently had enough money to send you to college in the US so you have little incentive to seek unauthorized employment on this trip.
Of course, it is impossible to predict for certain whether you will be admitted but I would suggest relaxing a bit because the consequences of being denied admission at a preclearance location, as a Canadian citizen, are very light. The worst thing that is likely to happen if you are denied entry is: (1) the CBP officer puts a note on your file that will cause you to be scrutinized more closely on future visits to the US, (2) your NEXUS membership gets revoked.
Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.
Images: Nataliya Vaitkevich, Pixabay, Karolina Grabowska, Karolina Grabowska