Canadians on B2

[newacct 688]

I usually I agree with your advise, but can you clarify? I would say the answer is no. If as you say were true, and people could reset the clock with a quick trip back to Canada, that would basically give Canadians the potential ability to live in the US nearly full time as visitor (which I sort of get the idea the OP wants to have happen). If that were true, I imagine a lot more would be doing it.

Unless something has changed, the US generally allows Canadians 182 days per calendar year. So they're certainly not going to allow her to visit again just by dipping her toe in back in Canada for a couple of weeks. Granted, I'm assuming the first visit was the full (or close to) six months. I also concede in the end, that's going to be up to CBP one way or another, but it really seems like a stretch.

The rest of what you said is spot-on though, there are serious implications (on both sides of the border) to be mindful of when one stays in the US for a significant amount of time and out of Canada.

The US has never had a limit of number of days in the US for people from any country. There is no rule prohibiting people from any country with US visitor visas, or ESTAs, or who don't need either of those like Canadians, from going home and quickly returning to the US after having stayed in the US recently with any frequency or cumulative amount of time. As always it is up to the immigration officer to determine whether the person can show that they are not an immigrant.

[Giulianeo 0]

I usually I agree with your advise, but can you clarify? I would say the answer is no. If as you say were true, and people could reset the clock with a quick trip back to Canada, that would basically give Canadians the potential ability to live in the US nearly full time as visitor (which I sort of get the idea the OP wants to have happen). If that were true, I imagine a lot more would be doing it.

Unless something has changed, the US generally allows Canadians 182 days per calendar year. So they're certainly not going to allow her to visit again just by dipping her toe in back in Canada for a couple of weeks. Granted, I'm assuming the first visit was the full (or close to) six months. I also concede in the end, that's going to be up to CBP one way or another, but it really seems like a stretch.

The rest of what you said is spot-on though, there are serious implications (on both sides of the border) to be mindful of when one stays in the US for a significant amount of time and out of Canada.

I'm simply informing myself on regulations and options, I know of Canadians who have been able to renter on multiple instances may I add by land and not air, perhaps it differs.

I know personally a Canadian citizen who had a previous conviction in Canada and was denied entry at the airport, but had previously entered the US via land on multiple occasions.

In any case I guess there is no definitive answer and ultimately will depend on the officer reviewing the entry.

Thanks,

[EM_Vandaveer 2,370]

As a rule of thumb, she is supposed to spend at least as long a time period in Canada as she does in the US. 6 months in US, then 6 & half months in Canada, etc. She may get away with not spending enough time in Canada for a while, but sooner or later CBP will realize what's going on & deny her entry.

I am assuming you are not ready to marry yet? If she is here now, you could marry & file for her AOS (Green Card), she could not leave until she has her AP (Advance Parole), but that does not seem to be a problem...

[templeton 120]

I'm simply informing myself on regulations and options, I know of Canadians who have been able to renter on multiple instances may I add by land and not air, perhaps it differs.

I know personally a Canadian citizen who had a previous conviction in Canada and was denied entry at the airport, but had previously entered the US via land on multiple occasions.

In any case I guess there is no definitive answer and ultimately will depend on the officer reviewing the entry.

Thanks,

I'm certainly not arguing that a Canadian can't visit multiple times. Nor that prior outcomes at the border are indicative of future ones. All of that is on a case-by-case basis, determined at the time of entry by CBP.

After further research I'll concede there's no hard rule or law limiting a visitor from being in the US for more than 182 days over 12 consecutive months, however there are still definite ramifications on both sides of the border for doing so.

In the end, the rules of thumb for any other visitation apply. The visitor usually has to overcome any assumptions that they don't intend to immigrate, generally aren't spending more time in the US than away from it, and have solid ties to their home country. With a US boyfriend, seemingly few ties to Canada, planning on significant time in the US within a 12 month period...she will definitely have some big hurdles to overcome. Not doing so could result in a shortened I-94 or even refusal.

You're definitely right about your last sentence. There's no definitive answer. Only CBP can say for sure at the time she attempts to visit again.

Edited June 19, 2016 by templeton

[almost_umrican 53]

Does the Canadian have an actual B2 visa, or are they travelling without a visa on the Canadian travel priviledge?

Good point there

OP - are you sure your partner is a Canadian national or a Canadian permanent resident ? Canadian citizens do not need a B2 to travel to the US

[caliliving 606]

I dont think you guys dont understand what happens with canadians

when you cross into the USA from canada through the airport thye stamp your passort!! B2 is what they stamp it and they give you a date to return on... now, generally tehy dont always do this but if they bring you in and give you extra scrutiny, then they make sure to stamp it B2 and a return date, and they will update your online i94 as well... so you dont need to apply for a B2, they just stamp that at the border and unless you are giving them a reason to worry generally, you get in.

If she was brought in to secondary interrogation and they gave her 6 months.. meaning, they suspected she was coming to overstay or wanted to make sure she returned, i highly HIGHLY doubt if she returns for 2 weeks ad try to reenter again as a visitor, in essesnce to restart another 6 months she would get it...

the US has made it much harder for canadians to come.. i have had lots of N/C and D/S stamps in my passport and the last time i entered i did get a B2 and they did mark when i should return by.

you cant just go back into canada for a week to 'reset' the visa.. it doesnt work that way! she will need to show ties and have a harder time to get in!

the borders share informatio now. they KNOW when she last entered and if she only spends 2 weeks home it doesnt look good.

if she wants to work in canada and come every few weekends, or every month for a week that is different... but what she is doing is essentially living in the USA on a tourist visa and that isnt legal.

[caliliving 606]

Hello guys,

thanks for the replies, the Canadian is my girlfriend she currently holds a B2 visa granted till November 24th, with entry in May.

I just want to be informed in case she returns to Canada there wouldn't be any issues for her to come back.

of course she is going to have problems coming back.. they will see she entered the USA for 6 months, returned at the end of her visa and within 2 weeks is going back. she will be interrogated and brought into secondary i guarantee it!!!! i can tell you about 5 canadians i know of that have had this happen to them the last few months.. they think 'oh, ill just go and reset it and come back'. why dont you just get married? then she doesnt have to leave and you can AOS for the greencard... that will make it easier..

[az2014 381]

So you both think that a B2 tourist visa is for living in the US? Coming for 6 months, out for 2 weeks, back for 6 months..exactly how is that being a tourist visiting? Not very bright.

[Ontarkie 13,957]

Since you didn't post all the info about her B2 till after being questioned about how and why she has a B2. Some of the replies you got may vary, as they didn't account to her getting a stamp at the border after being grilled.

She's been flagged and it's almost certain they will not let her back in after a few weeks out.

Edited June 19, 2016 by Ontarkie

[JFH 12,189]

Tourist visas and visitor stamps in passports are for visiting. Not for living in the USA in 6-monthly installments. I am assuming she is not working. If she is, I want a job at that place that allows me to take 6 months off, return to work for a couple of weeks and then take another 6 months off. How is she affording visotor's medical insurance/travel insurance for such long periods with no job to pay for all this?

[caliliving 606]

Since you didn't post all the info about her B2 till after being questioned about how and why she has a B2. Some of the replies you got may vary, as they didn't account to her getting a stamp at the border after being grilled.

She's been flagged and it's almost certain they will not let her back in after a few weeks out.

generally all the canadians get a b2 now.. my mom did when she came to visit me.. if you fly they usually stamp b2. but i agree with everything.. he omitted the fact she was interrogated and brought into secondary (obviously not having a return ticket can potentially do that).

canadians used to have much more freedom going back and form pre 2011 i would say.. i know multiple canadians that have been trying to live off a tourist visa lately, and they have all had problems when crossing into the USA ie denied entry and sent back...

if you want to take the chance, you can .. she wont get a 3 year ban what they will do is just not let her enter and she will most likely have to wait at least 6 months to try again...

since i think you are canadian too and their is no way to bring her here.. if you are that serious you should marry her and then i think she could come under your visa to the USA (not sure if she would be entitled to work tho).

[Giulianeo 0]

Tourist visas and visitor stamps in passports are for visiting. Not for living in the USA in 6-monthly installments. I am assuming she is not working. If she is, I want a job at that place that allows me to take 6 months off, return to work for a couple of weeks and then take another 6 months off. How is she affording visotor's medical insurance/travel insurance for such long periods with no job to pay for all this?

As mentioned earlier I'm supporting her currently, in any case no need to branch off and image or pre-suppose situations I made a question which obviously has many answers, I will hire a immigration lawyer to follow up, I used a forum for guidance and general information.

Thank you,

[caliliving 606]

Tourist visas and visitor stamps in passports are for visiting. Not for living in the USA in 6-monthly installments. I am assuming she is not working. If she is, I want a job at that place that allows me to take 6 months off, return to work for a couple of weeks and then take another 6 months off. How is she affording visotor's medical insurance/travel insurance for such long periods with no job to pay for all this?

i visited the US for a while and i also traveled extensively across the world and i never had medical or travel insurance so that is irrelevant.. just be careful lol i dont think not being able to afford medical insurance is a huge deal...

he has a job and im sure he can support her.. i wouldnt really think that is a huge deal... but yeah, what they are doing is not going to work in 2016 lol like i said, i knew people from canada who did that for years pre 2010 and it was ok.. now, no it wont work.. the days of being waved in as a canadian visitor, and your visits not tracked are over. i would be very surprised if she was not questioned and interrogated and i highly highy doubt she would get through just based on what i have seen with other canadians lately.

if she has a degree, maybe she can do a masters program? get a student F1 visa for september.

[caliliving 606]

As mentioned earlier I'm supporting her currently, in any case no need to branch off and image or pre-suppose situations I made a question which obviously has many answers, I will hire a immigration lawyer to follow up, I used a forum for guidance and general information.

Thank you,

you dont need an immigration lawyer.. they cant work miracles.. what visa are you on? and you were canadian right? you need to see if she can a-get married and go under your visa or b-she needs to find a visa of her own.. dont waste your time on an immigration lawyer for what you need... she could also think about doing a student visa F1. if you cant bring her here on a visitor visa, then the best bet would be for her to work in canada for 6 months and try again at that point.. she just needs to spend some more time back in canada before she applies for a visitor visa again.

let me know what does happen tho!

[caliliving 606]

I'm simply informing myself on regulations and options, I know of Canadians who have been able to renter on multiple instances may I add by land and not air, perhaps it differs.

I know personally a Canadian citizen who had a previous conviction in Canada and was denied entry at the airport, but had previously entered the US via land on multiple occasions.

In any case I guess there is no definitive answer and ultimately will depend on the officer reviewing the entry.

Thanks,

he probably entered because they didnt ask him about his convictions and they never came up, and then eventually they came up.. land and border doesnt matter now they are all connected and will have all her entries and see that she just left the usa and is going back.