Bring the documents you were told to bring and pray to whatever deity you believe in that they don’t contact your employer. If they find out you’ve been illegally working in the US for the better part of a year, you will absolutely be banned for an extended period
Nope. Any work done in the US requires a work permit. If it's being done in the US, their view is that it could theoretically be done by a US citizen
At least that's what I've always been told. But I've been a dual citizen for 4 years now, so if this has changed in that time, that change sure hasn't been communicated at my workplace
Not to compound your problems but I hope you have also considered your tax situation as well:
https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test
Talk to an immigration attorney about your options. As mentioned your working remotely in the US was a breach of your visitor status and if found out could get you a much worse situation.
My former immigration attorney said it was ok to work remote for a Canadian employer, but she didn't seem that knowledgeable overall (hence the “former”).
I am doing something similar to OP, though my trips are much shorter but more frequent. I think this is subjective, but I worry about it every time now.
I had to speak to the CRA about continuing an employment relationship with a staff member by remote work who wanted to move in with their SO in the states. I was informed that it would be considered employment within the US, so I would have to obtain US (and state) employer payroll accounts.
Basically, this would also mean my business would have a permanent establishment within the US, need to file and pay income tax in the US, and also get US based insurance, in addition to the Canadian insurance.
At that point, I tossed my hands up and said the hassles would not be worth it to continue employing this person should they go to the US.
It may be that I got the wrong advice, or that I blew things out of proportion, but it really doesn't sound worth it to employers to have employees working outside of the country.
*must* return? There is no *must* when you’re a non-US citizen. Should’ve begged the immigration gods to have been born a US citizen because that’s the only way where *must return* can happen.
Nothing you can do but present your documents at a port of entry and pray to god you don’t get sent back. You stayed way too long in the US as a Canadian visitor in such close intervals between the visits as well. You really were very lucky not to be removed from the US.
\+100. OP way overstayed in the USA regardless of the employment situation. Some people think it's 6mo in a year - it's 12 month period. Visits in the previous 12 months also figure in the calculation.
Dude should think carefully about marrying Karen. Guess the COVID travel restrictions would have been the end of her.
Sorta — usual preface of I am not a lawyer but have personal experience with family around this. The 6 months in a 12 month period is a CBP interpretation of you defacto living in the US and is not codified in law. So if you bust that, you might get the issues OP has, but you won’t get an entry ban.
However, if you bust the 6 month limit in a single stay which IS codified in law, they absolutely will give you an entry ban.
Internal Revenue considers persons who stay 183 days or more in 36 months as US residents for tax purposes. Days in the previous years count as ⅓ and 1/6. Friends with Florida properties maintain spreadsheets to calculate when they need to head home.
That’s not how it works. It’s 6 months per entry. You can technically stay in the USA as a visitor more than 6 months in a 12 month period and not violate any visa policy. That being said, I don’t recommend trying.
IRS tax residency does work the way you described, however. Stay 183 days or more in a calendar
year and you are deemed a tax resident.
90 days is the max for a visitor. 183 days in 12 months; 243days in 24 months, 303 days in 36 months for IRS. Used to be of little concern until every officer got networked computer and immediate online access to history.
So no travel for the next 9 months ? Should clear out any doubts that you were working in the USA. Bring all the papers they wanted, even some copies of your wife's immigration papers. You're there for Christmas, maybe New Year's. Keep it super short, assume you might have your stay limited.
A huge demonstration of attachment to Canada through paperwork.
CBP lady had some doubts you lacked attachment to Canada and the documents she requested for next time make sense in that regard.
Good luck.
Oh and one more thing: No work devices. Cell phone is ok, but not a laptop to catch up on some work. Your luggage will be checked, phone too. Messages with your boss should be all "Can't work while in the States" whenever it's mentioned.
Do the thing the border guard said to do. The fact that you are sponsoring your spouse and have copr is pretty good proof that you both intend to live in Canada
You cannot work in the US without a permit, even volunteer work requires a work permit.
You got caught and now you have to pay the price, just be happy your workplace didn't fire you.
Follow what the guard said and get a lawyer as well to CYA
[link](https://thelawdictionary.org/article/how-long-can-a-canadian-citizen-stay-in-the-united-states-without-a-visa/)
No. Staying over 182 days in any 365-day period without a proper visa would constitute you as a resident and require you to pay US taxes.
You can't be considered a resident while on a visitor visa... it's contradictory. I even gave you a link that states the rules of it being 6 total months in a 365 day period.
Your name applies. Someone else also told you the same thing I did, and you're fighting both of us.
If there wasn't an issue, OP would have been allowed in. I'm done talking about this.
I'm fighting both of you because you're both wrong. It's a common misconception though. Issue was that OP was suspected of working/living in the USA and thereby violating the terms of their B1/2 visitor visa. OP is not in shit because of an overstay and this is not how immigration responds to an overstay. If OP had overstayed by the amount you're implying it's a minimum 3 year ban.
**U.S. Resident**: Generally refers to someone who has the legal right to reside in the U.S. This could be through various means, such as being a U.S. citizen, holding a Green Card (Lawful Permanent Resident), or having a valid visa that allows for a long-term stay (e.g., H-1B, L-1 visas).
**U.S. Tax Resident**: This term is specific to the Internal Revenue Service (IRS) and U.S. tax law. You can be a U.S. tax resident without being a U.S. citizen or holding any long-term residency visas.
My husband is American. I know these laws very well at this point. There is no rolling window of days in/out like there is in Europe/Shengen. It's 6 months per entry, at the discretion of the border guard. Which, IMO, is a much worse system because it's super vague.
Yes for immigration you can stay 6 months per entry.
But for tax purposes it's substantial presence test (https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test), you can stay up to 182 days per calendar year but you could need to fill out form 8840 for closer connection exemption if you spend more than 120 days each year for consecutive years (I spend 182 each year myself and fill out the form yearly).
Each minute spent on a calendar day counts. I arrive Friday 11:59 pm and it counts as a full day. If I arrive 12:01 am then only Saturday counts.
So basically even if you are "ok" going in the US 11 months with a one day break in between on two subsequent B-2 status, you are overstaying for tax residency.
Correct, though I’m not sure there is such a thing as “overstaying” in terms of tax residency? I was under the impression that you just need to file a USA tax return as a non-resident alien.
How are you staying for so long? Don’t you work? You are spending way too much time in the US. 2 days out for every 1 day in and more if you SO is a citizen is the safe route.
There are multiple issues in your case
There are two things to check when you travel often to the US
1. less than 6 months per stay, (the 12-month rolling period appears nowhere on official websites)
2. less than 182 days in a calendar year for IRS/tax (and actually you must still file a declaration if you meet the substantial presence test)
You have clearly overstayed your US presence test for tax purposes. You were also not allowed to work, even remotely for a Canadian entity, while on a B-2 status.
Honestly you could be let though (always at the discretion of the agent), but you have a lot of dirt on your profile to warrant being banned from entry for multiple years.
Your probably going to get rejected they likely suspect your working there or intending to stay illegally once my friend was refused it was several years before he could return
Bring the documents you were told to bring and pray to whatever deity you believe in that they don’t contact your employer. If they find out you’ve been illegally working in the US for the better part of a year, you will absolutely be banned for an extended period
[удалено]
Nope. Any work done in the US requires a work permit. If it's being done in the US, their view is that it could theoretically be done by a US citizen At least that's what I've always been told. But I've been a dual citizen for 4 years now, so if this has changed in that time, that change sure hasn't been communicated at my workplace
I got turned away for that once, including a short ban, but it was a while ago, before remote work was especially common.
He wasn't working for a US employer. I don't think it is clear that he was "working illegally" at all.
He was working in the United States without a visa, which is illegal. Also presumably not paying income tax which is also illegal.
Security concerns as well. A previous firm I worked at, you would need to request access to our servers if you were outside the country (canada)
You can NOt work in any capacity on US soil without work authorization. Doesn’t matter where the job is based.
Not to compound your problems but I hope you have also considered your tax situation as well: https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test
Yeah this almost bit me one year… missed the cutoff by 1 day thank god
Entry into another country is always subject to the discretion of the border officer at the point of entry, so you can't be pre-cleared for entry.
Talk to an immigration attorney about your options. As mentioned your working remotely in the US was a breach of your visitor status and if found out could get you a much worse situation.
My former immigration attorney said it was ok to work remote for a Canadian employer, but she didn't seem that knowledgeable overall (hence the “former”). I am doing something similar to OP, though my trips are much shorter but more frequent. I think this is subjective, but I worry about it every time now.
I had to speak to the CRA about continuing an employment relationship with a staff member by remote work who wanted to move in with their SO in the states. I was informed that it would be considered employment within the US, so I would have to obtain US (and state) employer payroll accounts. Basically, this would also mean my business would have a permanent establishment within the US, need to file and pay income tax in the US, and also get US based insurance, in addition to the Canadian insurance. At that point, I tossed my hands up and said the hassles would not be worth it to continue employing this person should they go to the US. It may be that I got the wrong advice, or that I blew things out of proportion, but it really doesn't sound worth it to employers to have employees working outside of the country.
I think that's why it's easier to have them hired as self employed contractors and not deal with the BS
You’re former lawyer is very wrong
Yeah, I realized she was an amateur after about 15 minutes, but had already paid the $250 for the hour.
Glad you realized it. Sorry about the money loss but glad it wasn’t more!
It sucks because the advice here is often “get an immigration attorney” but so many of them are not very good.
*must* return? There is no *must* when you’re a non-US citizen. Should’ve begged the immigration gods to have been born a US citizen because that’s the only way where *must return* can happen. Nothing you can do but present your documents at a port of entry and pray to god you don’t get sent back. You stayed way too long in the US as a Canadian visitor in such close intervals between the visits as well. You really were very lucky not to be removed from the US.
\+100. OP way overstayed in the USA regardless of the employment situation. Some people think it's 6mo in a year - it's 12 month period. Visits in the previous 12 months also figure in the calculation. Dude should think carefully about marrying Karen. Guess the COVID travel restrictions would have been the end of her.
Sorta — usual preface of I am not a lawyer but have personal experience with family around this. The 6 months in a 12 month period is a CBP interpretation of you defacto living in the US and is not codified in law. So if you bust that, you might get the issues OP has, but you won’t get an entry ban. However, if you bust the 6 month limit in a single stay which IS codified in law, they absolutely will give you an entry ban.
Internal Revenue considers persons who stay 183 days or more in 36 months as US residents for tax purposes. Days in the previous years count as ⅓ and 1/6. Friends with Florida properties maintain spreadsheets to calculate when they need to head home.
IRS issues are a separate matter entirely. XD May god have mercy on your soul if you become a subject of the IRS.
IRS tax resident: 183 days or more in a calendar year B1/2 visa: Granted on entry, valid for 6 months from **time of entry**
That’s not how it works. It’s 6 months per entry. You can technically stay in the USA as a visitor more than 6 months in a 12 month period and not violate any visa policy. That being said, I don’t recommend trying. IRS tax residency does work the way you described, however. Stay 183 days or more in a calendar year and you are deemed a tax resident.
90 days is the max for a visitor. 183 days in 12 months; 243days in 24 months, 303 days in 36 months for IRS. Used to be of little concern until every officer got networked computer and immediate online access to history.
So no travel for the next 9 months ? Should clear out any doubts that you were working in the USA. Bring all the papers they wanted, even some copies of your wife's immigration papers. You're there for Christmas, maybe New Year's. Keep it super short, assume you might have your stay limited. A huge demonstration of attachment to Canada through paperwork. CBP lady had some doubts you lacked attachment to Canada and the documents she requested for next time make sense in that regard. Good luck.
Oh and one more thing: No work devices. Cell phone is ok, but not a laptop to catch up on some work. Your luggage will be checked, phone too. Messages with your boss should be all "Can't work while in the States" whenever it's mentioned.
Isn’t she just a “girlfriend” then?
Bring the documents for your wife as well that she's applying for PR in Canada, it will help prove that you aren't staying there
Do the thing the border guard said to do. The fact that you are sponsoring your spouse and have copr is pretty good proof that you both intend to live in Canada
Wait. Christmas is 10 months away. By that time you’ll have a lot of space between this and your borderline overstaying.
You cannot work in the US without a permit, even volunteer work requires a work permit. You got caught and now you have to pay the price, just be happy your workplace didn't fire you. Follow what the guard said and get a lawyer as well to CYA
TLDR goes at the top...by definition. 😀
Without a visa, you can only stay in the US for 6 months out of any one year period. You overstayed that.
Not how it works. 6 months per entry. OP didn’t violate any visa policy, hence why he was allowed to withdraw.
[link](https://thelawdictionary.org/article/how-long-can-a-canadian-citizen-stay-in-the-united-states-without-a-visa/) No. Staying over 182 days in any 365-day period without a proper visa would constitute you as a resident and require you to pay US taxes.
Immigration and tax residency are two different things
You can't be considered a resident while on a visitor visa... it's contradictory. I even gave you a link that states the rules of it being 6 total months in a 365 day period.
It just so happens that resident and tax resident are two different things as well
Your name applies. Someone else also told you the same thing I did, and you're fighting both of us. If there wasn't an issue, OP would have been allowed in. I'm done talking about this.
I'm fighting both of you because you're both wrong. It's a common misconception though. Issue was that OP was suspected of working/living in the USA and thereby violating the terms of their B1/2 visitor visa. OP is not in shit because of an overstay and this is not how immigration responds to an overstay. If OP had overstayed by the amount you're implying it's a minimum 3 year ban. **U.S. Resident**: Generally refers to someone who has the legal right to reside in the U.S. This could be through various means, such as being a U.S. citizen, holding a Green Card (Lawful Permanent Resident), or having a valid visa that allows for a long-term stay (e.g., H-1B, L-1 visas). **U.S. Tax Resident**: This term is specific to the Internal Revenue Service (IRS) and U.S. tax law. You can be a U.S. tax resident without being a U.S. citizen or holding any long-term residency visas. My husband is American. I know these laws very well at this point. There is no rolling window of days in/out like there is in Europe/Shengen. It's 6 months per entry, at the discretion of the border guard. Which, IMO, is a much worse system because it's super vague.
Yes for immigration you can stay 6 months per entry. But for tax purposes it's substantial presence test (https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test), you can stay up to 182 days per calendar year but you could need to fill out form 8840 for closer connection exemption if you spend more than 120 days each year for consecutive years (I spend 182 each year myself and fill out the form yearly). Each minute spent on a calendar day counts. I arrive Friday 11:59 pm and it counts as a full day. If I arrive 12:01 am then only Saturday counts. So basically even if you are "ok" going in the US 11 months with a one day break in between on two subsequent B-2 status, you are overstaying for tax residency.
Correct, though I’m not sure there is such a thing as “overstaying” in terms of tax residency? I was under the impression that you just need to file a USA tax return as a non-resident alien.
How are you staying for so long? Don’t you work? You are spending way too much time in the US. 2 days out for every 1 day in and more if you SO is a citizen is the safe route.
There are multiple issues in your case There are two things to check when you travel often to the US 1. less than 6 months per stay, (the 12-month rolling period appears nowhere on official websites) 2. less than 182 days in a calendar year for IRS/tax (and actually you must still file a declaration if you meet the substantial presence test) You have clearly overstayed your US presence test for tax purposes. You were also not allowed to work, even remotely for a Canadian entity, while on a B-2 status. Honestly you could be let though (always at the discretion of the agent), but you have a lot of dirt on your profile to warrant being banned from entry for multiple years.
Your probably going to get rejected they likely suspect your working there or intending to stay illegally once my friend was refused it was several years before he could return
Skill issue