If you are a Canadian citizen, you may have wondered how long you can stay in the United States without a visa. The US is a popular destination for Canadians, whether for tourism, business, education, or family reasons.
However, there are rules and regulations that limit the duration of your stay and affect your legal status, tax obligations, and health insurance coverage. In this article, we will answer the question: How long can a Canadian remain in the USA?
Duration Without a Visa
One of the benefits of being a Canadian citizen is that you do not need a visa to enter the US as a visitor, a business traveler, or a transit traveler. This means that you can travel to the US for purposes such as tourism, shopping, visiting friends or relatives, attending meetings or conferences, or passing through to another country. However, this does not mean that you can stay in the US indefinitely.
There is a limit on how long you can remain in the US without a visa, and it is based on a rolling 365-day period. The maximum length of stay for Canadians without a visa is 180 days per year.
How do you calculate the 180 days?
You have to count the number of days that you have spent in the US in the past 365 days, including the day of your arrival and departure. For example, if you entered the US on January 1, 2023, and left on January 31, 2023, you have spent 31 days in the US. If you want to re-enter the US on June 1, 2023, you have to subtract the 31 days from the 180 days, which gives you 149 days. This means that you can stay in the US for up to 149 days from June 1, 2023, without a visa.
The duration of your stay is not determined by the date on your passport stamp or the date on your electronic I-94 form, which is a record of your arrival and departure. These dates are only estimates and may not reflect the actual number of days that you are allowed to stay in the US. The final decision on your admission and length of stay is made by the US Customs and Border Protection (CBP) officer at the port of entry.
Duration With a Visa
There are different visa categories for different purposes, such as B-1/B-2 for temporary visitors, F-1 for students, H-1B for skilled workers, K-1 for fiancé(e)s, and A-1 for diplomats. The length of stay for Canadians with a visa varies depending on the visa category and the validity period. The visa category determines the maximum length of stay that is allowed for each entry, while the validity period determines how long the visa is valid for multiple entries.
For example, a B-1/B-2 visa may allow a maximum stay of six months per entry, but it may be valid for 10 years for multiple entries. A F-1 visa may allow a stay for the duration of the academic program, but it may be valid for five years for multiple entries. A H-1B visa may allow a stay for up to three years, but it may be extended for another three years. A K-1 visa may allow a stay for 90 days, but it may not be extended or renewed. An A-1 visa may allow a stay for the duration of the diplomatic assignment, but it may be valid for five years for multiple entries.
The duration of stay for Canadians with a visa is not determined by the date on the visa sticker, but by the date on the passport stamp or the electronic I-94 form. The US Customs and Border Protection (CBP) officer at the port of entry will stamp the passport and issue the I-94 form with the date of admission, the visa category, and the date of expiration.
| Visa Category | Purpose | Maximum Length of Stay per Entry | Validity Period for Multiple Entries |
|---|---|---|---|
| B-1/B-2 | Temporary visitor for business or pleasure | 6 months | 10 years |
| F-1 | Student | Duration of academic program | 5 years |
| H-1B | Skilled worker | 3 years (extendable for another 3 years) | N/A |
| K-1 | Fiancé(e) of a US citizen | 90 days (not extendable or renewable) | N/A |
| A-1 | Diplomat or government official | Duration of diplomatic assignment | 5 years |
What If You Stay Overtime?
Staying in the US beyond the authorized period of stay can have serious legal repercussions for Canadians. Overstaying can result in deportation, inadmissibility, or visa cancellation. These consequences can affect the ability of Canadians to return to the US in the future or to apply for other immigration benefits.
Deportation is the removal of a foreign national from the US by the US Department of Homeland Security (DHS). Canadians who overstay may be subject to deportation if they are caught by the immigration authorities or if they commit a crime or violate the immigration law. Deportation can also trigger a ban on re-entry, which can range from three years to permanently, depending on the length of the overstay and the circumstances of the case. Inadmissibility is the inability of a foreign national to enter the US or to adjust their status within the US.
Canadians who overstay may become inadmissible if they leave the US and try to re-enter. Inadmissibility can also affect the eligibility of Canadians to apply for a visa, a green card, or a waiver of inadmissibility. Canadians who overstay for more than 180 days but less than one year are inadmissible for three years, while those who overstay for more than one year are inadmissible for 10 years.
Visa cancellation is the revocation of a valid visa by the US Department of State (DOS) or the US Customs and Border Protection (CBP). People who overstay may have their visa cancelled if they try to use it to enter the US again or if they apply for a new visa at a US embassy or consulate. Visa cancellation can also affect the validity of other visas that Canadians may have in their passports.
| Consequence | Definition | Effect |
|---|---|---|
| Deportation | Removal of a foreign national from the US by the DHS | Ban on re-entry for 3 years to permanently |
| Inadmissibility | Inability of a foreign national to enter the US or to adjust their status within the US | Ineligibility for a visa, a green card, or a waiver of inadmissibility for 3 years to 10 years |
| Visa cancellation | Revocation of a valid visa by the DOS or the CBP | Invalidity of other visas in the passport |
Don’t Forget the Taxes
Those who stay in the US for too long may be considered as US residents for tax purposes, even if they are not US citizens or green card holders. This can happen if they meet the substantial presence test, which calculates the number of days that they have spent in the US over three years. The substantial presence test is as follows:
- Count the number of days that you were present in the US in the current year
- Add one-third of the days that you were present in the US in the previous year
- Add one-sixth of the days that you were present in the US in the year before the previous year
- If the total is 183 days or more, and you were present in the US for at least 31 days in the current year, you are a US resident for tax purposes
For example, if you were present in the US for 120 days in 2023, 90 days in 2022, and 60 days in 2021, the total is 195 days (120 + 90/3 + 60/6), which means that you are a US resident for tax purposes in 2023. If you are a US resident for tax purposes, you have to file a US tax return and report your worldwide income, just like a US citizen or a green card holder.
You may also have to file a Canadian tax return and report your worldwide income, depending on your residency status in Canada. This can result in double taxation, which means that you have to pay taxes on the same income in both countries. However, you may be able to avoid or reduce double taxation by claiming foreign tax credits, foreign earned income exclusion, or tax treaty benefits.
There are different rules for GST Registration, and other models of opening a business in both countries. Foreign tax credits are credits that you can claim on your US tax return for the taxes that you have paid or accrued in Canada or another foreign country. Foreign tax credits can reduce your US tax liability by the amount of the foreign taxes, up to the limit of your US tax on the foreign income.
Foreign tax credits are subject to various rules and limitations, such as the source and type of income, the foreign tax rate, and the allocation of deductions. Foreign earned income exclusion is an exclusion that you can claim on your US tax return for the income that you have earned from working in Canada or another foreign country.
Foreign earned income exclusion can exclude up to $108,700 of your foreign earned income from your US taxable income in 2023. Foreign earned income exclusion is subject to various rules and requirements, such as the bona fide residence test or the physical presence test, the foreign earned income definition, and the housing exclusion or deduction. Tax treaty benefits are benefits that you can claim on your US tax return or your Canadian tax return based on the provisions of the Canada-US Tax Treaty.
The Canada-US Tax Treaty is an agreement between the two countries that aims to prevent double taxation and promote cooperation on tax matters. The Canada-US Tax Treaty can override or modify the domestic tax laws of both countries, and provide relief or exemption for certain types of income, such as pensions, dividends, interest, royalties, or capital gains.
FAQs
Do I need a passport to enter the US as a Canadian?
Yes, you need a valid Canadian passport to enter the US by air, land, or sea. You may also need an Electronic System for Travel Authorization (ESTA) if you enter by air or sea under the Visa Waiver Program. You do not need an ESTA if you enter by land or if you have a valid US visa.
How can I extend my stay in the US if I have a valid visa?
You can apply for an extension of stay in the US if you have a valid visa and a valid reason to stay longer. You have to file a Form I-539, Application to Extend/Change Nonimmigrant Status, with the US Citizenship and Immigration Services (USCIS) before your authorized period of stay expires. You have to pay a fee and provide supporting documents, such as a letter of explanation, a proof of financial support, and a copy of your passport and visa.
How can I check my I-94 form online?
You can check your I-94 form online by visiting the official website of the US Customs and Border Protection (CBP) at [this link]. You have to enter your personal information, such as your name, date of birth, passport number, and country of citizenship. You can then view, print, or download your I-94 form, which shows your date of arrival, date of departure, visa category, and date of expiration.
The Bottom Line
If you are thinking of visiting or staying in the US, we suggest that you do the following:
- Make sure your passport is valid and apply for a visa if required
- Keep track of your days of presence in the US and adhere to the authorized period of stay
- Have your documents ready and answer the questions of the CBP officer at the port of entry
- Get legal help if you overstay or encounter any immigration issues
- Talk to a tax professional to determine your tax liability and your eligibility for tax relief
- Get adequate health insurance coverage and keep your provincial health insurance eligibility