how do they know?

[JennaLyn 0]

I do have one other question...he was here in January and left Jan 22nd? It doesn't matter though right? Even though he was here in January, the time started over again while he was here? lol did you understand that?

It would mean he's spent 22 days thus far in the states this year?

And thank you for trying to find that article I am eager to read it!!

[trailmix 77]

I'm not sure about this whole calendar year vs border crossing year - 6 month time period - thing, I don't think that exists.

Krikit is the knowledgable one about this subject so I just looked up one of her previous postings about it, where she gives a link to U.S. Customs and Border Protection.

From what I am reading - the calendar year etc does not enter in to it at all. Basically what they say is that a Canadian can enter for 6 months and there is no particular amount of time you have to be out of the U.S. before that 'resets'.

What they also say is that if it seems to the border person that you are spending more time in the U.S. than in Canada, it may get complicated for you in terms of proving you are not just living in the U.S. basically.

Documents required by Canadian Citizens/Residents/Landed Immigrant to enter the U.S. and how long can they stay? link

Canadian citizens generally are not required to have a visa or a passport (until June 1, 2009) and may visit the U.S. for up to 6 months

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 demonstrate significant ties to their home country, including proof of employment, residency, etc.

Edited March 8, 2009 by trailmix

[trailmix 77]

Just want to add a note that the no passport requirement refers to land and sea entry only - just to clarify.

[JennaLyn 0]

thank you trailmix...and everyone who replied. I am a bit more confused now then I was before...

If there is no set time limit a Canadian has to "wait" before they are allowed to reenter...then how will they know if they have overstayed or not? They can't?

Aaah well, I guess I won't worry about it. I know that he is spending more time in Canada then he is in the States...our visits will only be about a week every two months...

Thank you all again!!

[Reba 2]

I'm just going by what US CBP has actually told me when I was being interrogated...erm...questioned.... 6 months per calendar year or per trip if you're on an extended stay.

[Kathryn41 3,205]

One of the ways they would know actually comes up when you apply for any sort of immigrant intent visa. There are questions that require you to list your visits to the US in detail. You are expected to put the full time you are in the US down as an answer and you really need to tell the truth because being caught out in a lie is far worse than having an overstay. Since you never know what resources they might have to 'prove' you were in the US when you say you weren't, you don't want to take the risk. So, one of the ways they find out is that you have to tell them.

Edited March 9, 2009 by Kathryn41

[Bern. 3]

Well, when I was flying back from Nevada to Canada, they scanned my passport, as ''proof'' that I left the country. Or so the lady at the check out counter told me. o_o

[canadian_wife 1,791]

I was told the same thing Ber + Ter. I was given a limted stay in July (due to my immigrant intent) and the CBP scanned my passport and said "there, nothing to worry about, the US knows you left" or something like that.

I think they know. Or maybe I've read 1984 too many times

[trailmix 77]

thank you trailmix...and everyone who replied. I am a bit more confused now then I was before...

If there is no set time limit a Canadian has to "wait" before they are allowed to reenter...then how will they know if they have overstayed or not? They can't?

Aaah well, I guess I won't worry about it. I know that he is spending more time in Canada then he is in the States...our visits will only be about a week every two months...

Thank you all again!!

Yes, if they scan your passport - they know if you've been good or bad

And no Jenna, it doesn't make a lot of logical sense. As Reba mentioned, she was told something different by the border agent when she was interrogated. The rules are apparently up for interpretation - the border agent has the final say, of course and they can certainly interpret anything the way they want to on a case by case basis.

There is no 100% accurate rule here, in my opinion. You could take the information from their own website to the border with you and you may as well be taking a comic for all the good it would do if you tried to argue the point.

[JennaLyn 0]

thank you all!! He said he doesn't believe they have scanned his passport each time he has re-entered Canada. But oh well...we'll just keep going the way we were...which either way(if we do it fiscal or calender year) he won't be over staying...

Have a great day to you all!!

and thank you again...

[amberL 0]

I am not sure how well they keep track, last time I came back into canada, the canadian BP didnt even ask to see my ID, I have heard that they can pick up on the chip in the new enhanced diver's license... but i dont have one of those. Kinda makes me wonder about who we are letting into our own country. Afterall she didnt even ask me what my name was, just where I live and how i knew my friend that picked me up in buffalo...

[coldwatersurf 5]

I travel every week across the border and i do ride shares as well. This is what I have gathered from all my rideshares who travel quite often to the US and other canadians working in US that I know. as far as what they've told me, they have to exit before their 90 days is up.(maybe the days amount have changed now). so what they usually do is come back to canada for a week and return to stay again and it is a cycle they follow. In my experience, I have been crossing the border for 1 1/2 years almost every week and holidays (leave friday & back monday). I'm sure that amounts to over 180 days i guess in a year. lol. who knows. but i have never been asked about the amount of days and if i'm not allowed to enter or not b/c of some limited time. I dont think CDN or American border really care. What the US border patrol want to know is that you have to have a great tie to Canada and that you will not immigrate illegally to their country and that you have the intention of going back home. I have gotten in trouble once for crossing the border w/ my I-130 pending and i have proven that I have no intention of moving earlier than allowed and i've always told them I'm only going to be there for a weekend/holiday. As for coming back to Canada, i dont think the Canadian border give a ####### at all. they rarely ask for my passport or scan it. All they ask is how long I've been away and what my purpose of my trip was. (and of course the tabacco/liquor question).

I also have a regular passenger that is a permanent resident in US (but works in Canada) and she says she needs to complete certain amount of days for her US citizenship. Apparently whenever she exits the country, the days she is out of the country is counted against the days for her completion date. I asked her how the gov't would even know. She says sometimes the officer scans her ID/passport/PR card. sometimes they dont. She can only assume that her days start from the day of her POE, and she'll know when she's completed the days when she's notified by US gov't.lol. i guess she doesnt really care much. maybe the border only care when you "fly" to another continent for a certain period of time. This probably didnt answer anyones question but i just found it interesting and weird and confusing. lol. i dont know if i should believe it. lol

[Reba 2]

90 days limit is for visa waiver countries, not Canada.

Yes, they honestly do care at the border. Ask anyone here who's been interogated by them just how much they do care!

[thetreble 19]

Yes, they honestly do care at the border. Ask anyone here who's been interogated by them just how much they do care!

What border driver is describing, I'd be very careful. My brother was working with a hockey program up in Colorado years ago and he would spend 3 months there, come back, spend three months there, come back for a week...

Well, he eventually got caught and while he wasn't barred, they told him to stop doing what he was doing or the next time he went up to colorado they would put a ban on him.

Again, can I just say that spending more time in someone else's country then your own is suspicious. Unless you are a 55 years old and a snowbird, I don't see why you would be spending time (as a visitor) in someone else's country without having a reason for doing it. If you don't work or go to school or have any type of residence you live at in Canada, then it appears that you are living with someone in the US then.

To me, it's not about the exact number of days. It is all about how it looks to US BP.

[warlord 72]

The US will scan your licence plate if you drive, your boarding pass and passport when you fly etc. It may not seem like they are keeping track, but over the past decade they have become a lot more strict in that way. They will most likely be scanning your licence plate when you leave the US as well, boarding pass and passport when you leave by flying as well. This then can give them an accurate record of how long a person is away.

Sure people have found ways over such as having a friend drive them over and dumping them off, but the INS should have a good database filled with all that information. Now that doesn't mean though that they are spending every waking hour to see who is overstaying or not. It just means that the information is quite possibly there if they really wanted to persue a case...