Days in U.S.
Posted date : Sep 30, 2019.
Thank you for the Member Advisory outlining the entry/exit initiative between Canada and the U.S., particularly as it relates to immigration rules.
I entered the U.S. on November 15, 2018 and returned 179 days later on May 13, 2019.
The clock starts again on November 15 and it seems to me that it will be the same date every year going forward. While I can see that the date could change to a later date, it can never be an earlier date.
I could shorten my stay to four months and return for the month of October without using up the 182 days, but my 12-month period will always start on November 15. Am I correct?
Don Bowder
Oakville, ON
Response :
Ed.: Pretty close. As you stated in a later e-mail –
“Therefore, you calculate by looking back over the last 365 days. If you have been in the U.S. for more than 180 days within the last 365 days, you are offside and subject to deportation. You may also be refused entry to the U.S. in the future.”
If you shortened your trip to four months, then it would be totally legal to return in October the following year, or even September. But then your 365 days for the new trip would start on the day in October (or even September) when you crossed again.
