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limits to visiting US as a visitor

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I am a Canadian citizen who has been visiting the states as a tourist for the past five months.  Would it be possible for me to go back to Canada for a weekend, and return to the states for another five months as a visitor?  Will US immigration choose to deny me entry if they see me spending too much time (even if it is not consecutively) as a tourist in the US?

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  1. Johanna K. on Aug 19, 2011 Reply

    As you have already spent a fairly significant period of time in the United States, you definitely face the possibility of increased scrutiny upon re-entry to the U.S. particularly if you are only planning to return to Canada for a weekend. You would need to provide extensive evidence of your ties to Canada and demonstrate that your visit to the U.S. is strictly temporary in nature – this proves more difficult the more time spent in the U.S. A U.S. customs officer has full discretion to refuse you entry if they feel you no longer qualify as a “visitor”.

    For tax purposes, also keep in mind that spending over 182 days in the United States during one calendar year may qualify you as a “resident alien” for U.S. tax purposes and you will likely need to file a U.S. tax return. Even if you have spent more than only 30 days in the U.S. in a calendar year, you may still be considered as having “substantial presence” in the country and you may need to file Form 8840 Closer Connection Exception Statement for Aliens with the U.S. Internal Revenue Service (IRS). Consult with a tax attorney for advice on this matter.

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  2. Leon Taylor on Dec 26, 2011 Reply

    Niren

    Was there a time (2004 ?) when USA was considering alowing visitors to be in USA for no longer than 30 ,days even as a

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