Canada and the United States of America are two neighboring countries with strong trade and cultural ties. There are over 100 border crossings between these two nations. Their citizens can travel to and from each other without visas. However, they are still subject to immigration restrictions depending on the purpose of traveling and types of travel documents. In this passage, we are going to talk about the length of stay for Canadians in the US and some traveling tips.
How Long Can Canadians Stay in the US
Not all Canadian citizens can enter the US without a visa. The duration of stay varies due to whether you travel with a visa.
How Long Can Canadians Stay in the US Without a Visa
Short-term visitors from Canada are allowed to enter the US without visas and stay for up to 6 months in a 12-month period, which is quite convenient for Canadian snowbirds who are seeking a warm place to get through the cold winter. The 12-month period counts 365 days, instead of a calendar year, from the date of arrival. For example, counting from 1, February 2024, you can stay for a maximum of 182 days upon arrival before 31, January 2025, rather than 31, December 2025. During this time frame, you can only participate in approved activities, such as tourism, vacations, friend or family visits, medical treatment, transit, business events, or other social events.
How Long Can Canadians Stay in the US with a Visa
Depending on the purpose of traveling, the following US visa types are open to Canadian citizens and each is featured with a different length of stay.
● E2 Visa (2 Years)
As one type of nonimmigrant visa, it is issued to treaty investors from a country having a treaty of commerce and navigation with the United States, such as Canada. E2 visa holders are allowed to stay in the country for no more than 2 years and it is renewable multiple times.
● H1B Work Visa (3 to 6 Years)
This is a temporary worker visa issued to foreign workers in a specialty occupation with at least a bachelor’s degree or equivalent. It must be applied under a US employer sponsor. Once obtaining the visa, the holder can stay in the country for 3 years and can extend it for another 3 years.
● Fiancé K1 Visa (90 Days)
If your fiancé is a United States citizen and you plan to visit the US to marry him/her, you should apply for this immigration visa. It is valid for 90 days. After getting married within this period, you will be eligible to apply for a Green Card (permanent resident card) and stay permanently in the United States.
● V Visa (2 Years)
If you are a spouse or child under 21 of a US Lawful Permanent Resident (LPR), this non-immigrant visa is suitable for you to unite with your family while waiting for the immigration application processing. The visa is usually valid for 2 years and extendable. The holder can legally live and work in the US.
● A Visa
It is designed for Canadian diplomats and government officials, as well as their immediate family members. They can stay in America as long as the US Secretary of State recognizes their official identity and no need to extend.
● G visa
It is designed for international organization officials and employees as well as their immediate family members. The A visa and G visa cannot be used after the official assignments end even if the visa is yet to be due.
How Long Can Canadians Stay in The US Without Filing Tax
The visa-free policy is quite attractive to Canadian snowbirds, but you should pay attention to the time you spend in the US with a certain amount of period. Those who overstay too much or who live and work in the US might be subject to US taxation supposing that they meet US tax requirements for temporary or permanent residents.
To avoid paying US tax, your accumulated length of stay should not meet the IRS’s Substantial Presence Test which implies that an individual physically stays in the US for 31 days in the current calendar year and 183 days in the US during the 3-year period ranging from the previous 2 years to the current calendar year on a weighted basis. The weighting calculation for 183 days includes all days spent in the US in the current calendar year, 1/3 of the days present in the previous year, and 1/6 of the days present in the year prior to the previous 1 year.
Therefore, how long Canadians can stay in the US without filing taxes depends on the time they have spent in the past few years based on the Substantial Presence Test. Here is an example. Supposing that you haven’t been to the US in 2024 yet and have ever stayed in the US for 120 days in 2023 and 120 days in 2022, it should be calculated as 40 days (120 divided by 3) in 2023 and 20 days (120 divided by 6) in 2022. If you decide to travel to the US in 2024, and the duration of your stay without being levied tax is 123 (183-40-20).
What Happens If a Canadian Overstays in the US
Whether you are holding a US visa or not, it is illegal to stay in the country for longer than the permitted duration of stay. What happens if a Canadian stays in the US longer than 6 months? As the US government has strict regulations on immigration, he/she will be confronted with severe penalties, such as fines, deportation, or even detention. Those who overstay in the US might be banned from entering again in the next few years.
How to Extend Your Stay in the US
Whether you enter the US with or without a visa, you are prohibited from overstaying. It is necessary to apply for an extension on the condition that you want to stay longer than your authorized stay. t is suggested to request an extension at least 45 days before the initial due date.
- Check whether your date of stay expires or not in the lower right-hand corner of your Form I-94, Arrival-Departure Record.
- If not, file Form I-539, Application to Extend/Change Nonimmigrant Status online with U.S. Citizenship and Immigration Services (USCIS).
- To extend your stay, you must persuade the Customs and Board officers that you have close connection with Canada and you are just staying for leisure or other certified activities. Acceptable proof includes property ownership certificate, employment, business or voting records in your home country, etc.
Extend of stay is only permitted on the following conditions.
- You are entering the US with a nonimmigrant visa.
- The nonimmigrant visa is still valid.
- You have not committed any crimes that disqualify you from obtaining a visa.
- You have not violated the immigration rules and conditions.
- Your passport remains valid at the time of application and during your extended stay.
You may not be granted an extension supposing that:
- You enter the US under the Visa Waiver Program (VWP).
- You are a D nonimmigrant visa holder (crew member).
- You are C nonimmigrant visa holder (transit traveler in the country).
- You are in transit through the US without a visa.
- You are a K visa holder (Fiancé of a U.S. citizen or dependent of a fiancé)
- You are an S visa holder (Informant on terrorism or organized crime as well as accompanying family members).
Entry and Exit Requirements of US
Cross-border travelers must go through a series of security checks, such as identity and citizenship confirmation, permission to enter, and so on. Here are the required documents to travel from Canada to the United States.
- A passport valid for at least 3 months. If you are traveling by air, a NEXUS card is also adaptable. If you are aged 16 years old or above and are traveling by land or cruise, you can also present a Trusted Travel Program card, Enhanced Driver’s License (EDL), Enhanced Identification Card (EIC) or a secure certificate of Indian status. Land or water travelers under 16 are allowed to use a birth certificate or a Canadian citizenship certificate as an alternative.
- A valid visa (if applicable).
- Proof of residence, employment, or education in Canada.
- Travel itinerary indicating purpose of travel and length of stay.
- Proof of funds to cover expenses during your stay.
FAQ
Q: Does a Canadian national with US permanent residence need to present a Green Card to enter the US?
A: Yes, so you can travel multiple times.
Q: Can a Canadian permanent resident enter the US without a visa?
A: No. Canadian permanent residents don’t have passports and should apply for a US visa.
Q: Does a Canadian national need a student visa to study in the US?
A: No, but registration with the Student and Exchange Visitor Information System (SEVIS) is required. The Customs and Border Protection (CBP) officer will ask for the registration form at the port of entry.
Summary
After reading this passage, you must have found the answer to the question – “How long can Canadians stay in the US?” Short-term travelers for leisure activities can stay for up to 6 months in a 12-month period without a visa. For visa-required purposes, like marriage or employment, the duration of stay ranges from a few months to years. To stay in the US without paying tax, don’t exceed 183 days weighted basis. When it comes to what happens if a Canadian stays in the US longer than 6 months, he/she might be fined, deported, or banned from entry. Therefore, it is important to pay attention to your authorized stay. If you do want to stay longer, try requesting an extension.
Erin Lo