I think you misread my story.I was going to the USA Thats why I was DOUBLE checking how long we can stay,It has NOTHING to do with the CDN side I always just answer yes sir and no sir. I never ever challenge a US border authority.NEVER no matter what. NowThe CDN guy or girl if there being awkward(very very seldom) I will Challenge them as they can not refuse me entry and have no jurisdiction on my US travel but have found over the years just bite your tongue and no sir yes sir works like a charmAlfa38User said:You were fortunate it was not picked up on your way down!! Osooyos was the Canadian re-entry point, right? If so, your discussion was with Canadian Border services. Pretty much best to shut up and take it when some of these Border Services people are having a bad day. The US officials have great power and anyone on a power trip can say BANNED and you are, up to 5 years, NO appeal possible. Not sure the Canadians have quite as much power as that though, especially with returning Canadians.
AFIK, the new data sharing agreement is not yet in full operation for Canadians and US citzens as the legal legislation required was not yet in place based on the latest info I had. But when it does come into force, data showing our departure from Canada and our entry into USA and visa-versa will be available to both border officials with one swipe of the passport!! The same will apply to USA citizens arriving and departing Canada.
Buchanan, I knew you were aware of many of these items based on our recent prior discussions but I included them simply for completeness for any one else following the discussion.
So if you stay January 01/14 -june 30/14 you cant re-enter the US legally till January 01/15.
Tom said:That's not correct for non-Canadian aliens.
I think the act says you can stay in the US for the 182 days in any year, but the definition of a year is subject to the interpretation of the border guard, and almost exclusively they say that means six months on a rolling basis
Hfx_Cdn said:As Tom said, this topic has been covered many times on this forum. However, I do not agree with his comment that you can stay for six months, leave then re-start the clock, nor with another poster's comment that you can stay cumulative for six months in any calendar year. I think the act says you can stay in the US for the 182 days in any year, but the definition of a year is subject to the interpretation of the border guard, and almost exclusively they say that means six months on a rolling basis, so if you enter the US on December 1, you must exit by May 31. Further, if you leave at any time within that period, you must remain outside of the US for a month (30 days) or the clock keeps ticking.
The other consideration and what causes a lot of confusion is that the US IRS deems any one who stays in the US for in excess of six months to be sufficiently a resident to submit a US Income Tax Form. They use the calendar year. Remember that while you may not earn a cent in the US, it is one of only 2 countries that claims world wide income, so it does get tricky.
Ed
Further, if you leave at any time within that period, you must remain outside of the US for a month (30 days) or the clock keeps ticking.
I beg to differ The US border is very adamant that you spend no more than 180(or 182) days totally in any given year.Very adamant when I talked to themTom said:The 'general rule' has no limit on the number of entries or number of days in a given 12 months or 6 months period as far as the U.S. is concerned, irrespective which country to come from. However, it becomes a tax issue if you spend more than 182 days in a year. Two different sets of rules from two different U.S. agencies - Customs & Immigrations rules and the IRS/tax rules - and you need to satisfy both.
Here's a very brief article on the Canadian Snowbird Association web site that discusses it.