Area of Law: USA Travel and Immigration
Answer # 1098
What happens if someone stays longer than the allowed time period?Region: Ontario Answer # 1098
It is illegal for a Canadian to stay in the United States for longer than six months, during a 12-month period, without the appropriate visa. A U.S. Customs and Border (CBA) officer may allow a traveller in for longer periods if they are able to show that they have ties to Canada, and that they are legitimately visiting the US for pleasure. A snowbird can establish their ties to Canada through things like proof of having a permanent home, family, business, a driver’s licence and having voted in Canada.
However, an officer has the authority to refuse a visitor entry if they believe that person is no longer a temporary visitor, and has abandoned Canada and is living permanently in the United States.
There are penalties for those caught overstaying their visit. They can be barred from returning to the U.S. for three years, and those who overstay for longer than a year face a 10-year ban.
For more information, visit the U.S. Customs and Border Protection website.
A criminal record will prevent you from entering the USA or obtaining your USA immigration status. To erase your Canadian criminal record, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.
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