Canda-USA visit, re-entry and duration

Upvote:1

People who come up with clever schemes to fool the CBP / CBSA usually fail. The cleverer the scheme, the surer the failure. You try to read the letter of the law and say "hey! here's a loophole if I read by the letter!". You are not a unique snowflake; someone else already tried this; the border guards quite probably have seen all them tricks before. Do not try to be clever with the border guard!

In other words: you get a six months entry stamp into the USA, all is well, you cross into Canada, let's say they let it pass (this is already not guaranteed, they can see from the lack of Indian stamps you have not left the USA for six months). Now you stay in Canada for six months and want to go back the United States. This is where the story ends. It's crystal clear at this point you are no longer living in India but somewhere else.

Upvote:2

Q1: yes, in theory that's fine, but it is of course subject to being granted six months' entry by the officer at the border. A six-month period of admission is the default, so she will most likely get that.

Q2: moving between Canada and the US is fine. The six-month period of admission is for each entry, so if she returns to one country after an absence of a month, she could get another six months. However, if she is suspected of using the visitor visa to live in the country, she could be granted a shorter period or denied entry altogether.

The US will generally start restricting her stay if it becomes apparent that she's spending close to half of her time in the country. This is less likely to happen if she crosses the border less frequently, of course.

I suspect, but do not know, that the same is true in Canada.

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