Canadian Visitor - stay in the USA and back in Canada?

Upvote:1

What you are describing is an odd form of Flagpoling. Both the US and Canada consider this illegitimate behavior. Circumventing the 6-month visitor period by transferring yourself back and forth is likely to end up badly.

You will likely have to explain:

  • Where do you permanently reside?
  • Why are you constantly shuffling back and forth from the US/Canada?
  • If you are a non-citizen of either country, when do you plan to go back to your home country?
  • Are you a permanent resident of either country? Why not?

Some things that could happen include:

  • Revocation of a visa/permit (you no longer meet the "visitor" requirements).
  • Denied entry (immigration issues in one country causes issues in the other).
  • Being chased for taxes, as you could be considered a "resident".

This isn't likely to happen on the first or second time, but once stamps start to pile up in your passport, they will become hard to miss by even the most lazy of officers.

Unless I stand corrected, persons of Indian nationality have their current passports bound to their previous expired passports. This will cause further issues.

Some additional reads:

http://www.canadavisa.com/canada-immigration-discussion-board/threads/flagpoling.61183/

http://www.canadavisa.com/canada-immigration-discussion-board/threads/flagpoling-a-guide-for-canadian-workers.142161/

https://www.immigroup.com/news/flagpoling-your-way-new-work-or-study-permit-or-permanent-residence

https://www.quora.com/Flagpoling-Is-it-illegal-to-flagpole-from-Canada-into-US-and-back-even-if-you-have-a-valid-visa-for-both-countries?share=1

Upvote:6

Visitor visa, in both Canada and the US, are intended for short and occasional visits. You are not allowed to work or live in either. Both countries have the right to refuse you entry if they believe that you are using the visa to live in their country, rather than visit it.

Each time you enter each country you are gong to have to answer questions about what you are doing there, why you are making these long, regular visits, what you were doing in the other country, and how you are supporting yourself. The more times yo do this the more interested they are going to be in the answers and the less likely they are to let you in if they don't like them.

Now if you are wealthy enough that you don't need to work (and can show that), or own a business that is supporting you (and can show that), they will probably let you do this quite a few times. If not, they are very quickly going to wonder where your money is coming from, and suspect that you are working in one or both of the countries. At that point they will refuse you entry.

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