Do Canadian Visitors Have Duration Of Status?

[Jiminy Cricket 0]

I have heard this mentioned a feww times. Is it true that Canadian visitors to the US have what is called "Duration Of Status" and can stay as long as they want if they don't work?

[Anh map 2,098]

A person admitted as a visitor (visa, VWP, Canadian/Mexican) are expected to be here as a visitor. Meaning that it's not for the purposes of living in the US.

See this from the US Embassy Ottawa >>> http://canada.usembassy.gov/visas.html

[nickbits 43]

No, Canadians can only stay for 6 months of the year.

[SapphireDreams 71]

Canadians are allowed to visit for up to 180 days out of a 1 year period. There is really no way to extend that from within the US that I know of, which makes sense because if you are in the US longer than 6 months, you're technically living there and not really visiting anymore.

[Jiminy Cricket 0]

Thanks everyone!

I didn't think a Canadian tourist had "duration of status" but I've heard it mentioned a few times and wanted to check up on it.

In regards to a Canadian visitor staying longer than six months in one year, it does appear that they can. I just found this on a US embassy website. It clearly states that a Canadian citizen can request an extenion of stay before their six months is up.

Canadian citizens do not require a visa to enter the United States directly from Canada for the purposes of visiting or studying. However, as of 23 January 2007, all Canadians entering the U.S. require passports. For further information on passport requirements, please consult the relevant page on this site.

There are some exceptions to this rule -- for example, intending immigrants, fiances or investors must qualify for a visa before entry in the same manner as other nationalities. Other entrants, such as journalists, temporary workers or NAFTA professionals must present all necessary supporting documentation and/or approved petitions directly to a U.S. Customs and Border Protection Officer at the Port of Entry. For information on Visas or Doing Business in the United States, please see the relevant sections of this website.

Please be sure to check the U.S. Customs and Border Protection web site for the latest updates on U.S. entry requirements for Canadians and others.

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. All Canadians are reminded that U.S. law requires all foreigners to qualify for the desired stay and purpose at the time of their intial entry. A visitor who intends to live, work or study in the U.S. without disclosing this information beforehand may be permanently barred from the U.S.

http://canada.usembassy.gov/visas/information-for-canadians.html

Edited August 11, 2011 by Jiminy Cricket

[Anh map 2,098]

What exactly are you hoping to find/prove? The duration is 6 months and you can apply to extend. Same as folks who enter on tourist visas. If you aren't granted an extension then you would be out of status.

Stay too long (as interpreted by a CBP officer), go back to Canada and then try to return to the US you may be denied reentry and required to apply for a tourist visa.

[Jiminy Cricket 0]

What exactly are you hoping to find/prove? The duration is 6 months and you can apply to extend. Same as folks who enter on tourist visas. If you aren't granted an extension then you would be out of status.

I was hoping to find out that a Canadian citizen CAN apply for an extension without ever receiving an I-94 card, I had been told conflicting things about that because the instructions for the I-539 form specifically state that the applicant needs an I-94 card.

I have been told by an immigration attorney that it takes approx. 4 to 5 months before an I-539 form is processed, a person applying for an extension on an I-539 form is put on a "pending status", there is a 120 day grace period before time out of status begins. Is that not true?

[SapphireDreams 71]

I think you'll have a hard time getting this form approved as a Canadian. This is just my opinion, but you would need a very convincing reason and you would probably have a hard time proving that its not affecting your residency in Canada, because technically, once you are out of Canada for more than 6 months, you are no longer a resident there. Simply wanting to visit with friends or a boyfriend/girlfriend is probably not going to fly.

And if Canada doesn't see you as a resident (since you'll be gone for longer than 180 days), and you're trying to prove you're a visitor in the US, that's just not going to work. You also have to show arrangements that you have plans to go back to Canada, which would be hard to show.

Do you have assets in Canada? A house? a job? Anything? Basically what I'm saying is do you have compelling evidence that you're "visiting". I'm sure they'll also want to know how you're supporting yourself financially. You'll need some seriously good evidence here as well.

Why not just go visit for 6 months, go back to Canada for a bit, and then go back and visit again? If you truly are visiting the US, you should have a home in Canada you can surely go back to inbetween visits.

[Jiminy Cricket 0]

Thank you Sapphire.

The person in question is here visiting friends and family and was hoping to stay through the holidays and then go home to Canada.

[zyggy 9]

The extension is really for extenuating circumstances. Let's say that you were a snowbird and had the intention of returning to Canada before your 180 days. On the way back home you got into a car wreck and are in the hospital and cannot be moved for months on end because of the multiple surgeries that you need to get you back into shape to get home. That is what the extension is for. If it's for anything less than this, you will be denied.

[bigbigblake 2]

If they intend to keep visiting I would highly recommend against overstaying past the 180 days. Canadians are considered Duration of Stay but border control wont give a ######. If you don't have tons of proofs that you arn't going to do it, I doubt you will get back in.

However if they are in the process of immigrating, the Duration of Stay does not count against you and you are not automatically banned 10 years based on the current memos at Montreal.

This is just our experience with it. The Interviewer didn't care at all that my wife had been in US for over 2 years before returning to Canada.

However, when we reached the border, the first person at the car booth began to question us about it, even though we had the US visa in hand. She made a bit of a fuss regarding it, and she most definitely would have been denied crossing without a visa in hand.

[Jiminy Cricket 0]

Thank you all for your help!