How long can a Canadian stay in the US as a visitor after the TN status 60 days grace period?
I'm Canadian and I'm currently in the US on the TN status. I want to quit my job but stay in the US for as long as I can before I have to find a new job and get back onto the TN status. I currently work near the US/Canada border, and I drive back to Canada once a month to visit my family on the weekends, since they also live near the border.
If I quit my job, it seems like I'm allowed to maintain the TN status for 60 days after that: https://www.uscis.gov/news/news-releases/uscis-publishes-final-rule-certain-employment-based-immigrant-and-nonimmigrant-visa-programs
- Does this mean I can leave the US and return to the US with the TN status for 60 days, or do I have to stay in the US for the 60 days in order to maintain the TN status?
After 60 days grace period runs out, I can go back to Canada and come back to the US as a visitor. Various articles online say that I can stay in the US as a Canadian visitor up to 183 days within 1 year. The closest official document I can find is this link: https://help.cbp.gov/app/answers/detail/a_id/619/kw/canadian visitor
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 re-enter 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 to demonstrate significant ties to their home country, including proof of employment, residency, etc.
It doesn't explicitly say 183 days, but it does say that if asked, I need to prove that I still have ties to Canada via bank accounts, bills, etc.
- Is it safe to say that I can stay in the US for another 6 months after changing my status to visitor without too much scrutiny from the border agent?
I have Nexus, which I'll update as I change my status, and I'll also be going back to Canada a few times during my stay as a visitor via the land border. My family lives in Canada, so I want to visit them often as well.
It would be great if there are more official sources and documents that provide answers to the questions I am asking.
Thanks!
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How long can you stay in the US after TN visa expires?
Previously there was no grace period after your TN Visa expired. As of January 17, 2017, if you have a TN Visa and your job ends or your TN Visa expires, you can stay an additional 60 days. During these 60 days, you are not allowed to work.How long can a Canadian stay in the US as a visitor?
Canadian visitors are generally granted a stay in the U.S. for up to six months at the time of entry. Requests to extend or adjust a stay must be made prior to expiry to the U.S. Citizenship and Immigration Service.What happens if a Canadian stays in the US longer 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.What happens if a Canadian overstay in the US?
They can be barred from returning to the U.S. for three years, and those who overstay for longer than a year face a 10-year ban. For more information, visit the U.S. Customs and Border Protection website. A criminal record will prevent you from entering the USA or obtaining your USA immigration status.How Long Can a Canadian Stay in the US?
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