I-194 Waiver Forum

Staying in U.S. longer than 6 months in a year

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JohnB posted

@J Rogers,

I have a female friend who is Canadian and she is seeing a man who lives in the United States. They seem to think that she can come into the U.S., and that she can periodically leave and that within a 12 month span she can be here longer than a total of 6 months. She says as long as the time is broken up, she can be here more than 6 months out of the year.

That is not correct, is it?

Also, do you know if the U.S. and Canada share data on who is coming and leaving? That would be the only way that the U.S. would know exactly how long someone had been in the Country. Otherwise, they only see people entering.

W

@JohnB

This was what I thought and did for a while. It's literally the reason that got me banned for 5 years. So tell your friend not to do the same or they'll eventually find a reason to deny her entry.

Yes they know who's coming and leaving, as when you look up your i94 travel history it does say when you've left so they know exactly how long you've been in & away from the US

J Rogers Trusted

@JohnB

W is correct. I do a lot of waivers, and although roughly 75% are criminal records, 25% have nothing to do with that, and are misrepresentations, overstays, working without proper authorization, or even just tried to claim asylum and was refused.

I have a client who did a waiver because as a truck driver, he tried to offload a shipment at Walmart, but they were backed up. When he was finally done, he was over the allowable safe driving period. So he stayed overnight. HE got caught for overstaying...1 day.

The rules are VERY specific. 180 days in a calendar year. So in ANY 12 month period, you can only stay for up to 6 months, regardless of whether it is consecutive or broken up.

Beu

@J Rogers wow. Can you kindly confirm when the 180 days start counting. Do they start counting from January 1st of every year? If someone entered dec 1st and stayed till may. Would that count as 6 months or would December be calculated into the precious year?

J Rogers Trusted

@Beu

The best example is this. I travel to the US today. (I haven't been in over a year) The "year" starts today. So from July 20 2022 to July 19 2023.

In ANY 12 month period, 180 days maximum.

Beu

Thanks I understand that but I am wondering how this will be calculated. My friend went in October 1, 2021, stayed 2 months. Came to Canada for december. Returns to the us in January and spent about 150 days total in the us between January and July 2022 in breakable bits: does he mean he has overstayed? Will the 2 months between oct and December be counted. What do you think? @J Rogers

J Rogers Trusted

@Beu

Yes, your friend absolutely overstayed. Will they (Homeland Security) KNOW, is the key issue.

The "year" started in October. 60 days. Then before October he tacked on another 150 days. It doesn't matter if it is in a row. The big mistake people make is assuming coming back to Canada for a period of time wipes out the days they have already accumulated. Its a very common mistake.

The bad part for your friend, if caught, is that the overstay is so recent. They will not get a waiver for at least 3-5 years. So if they get caught in 2022, they will be unable to get a waiver until 2025 at least, but even then only maybe and for 1 year.

JohnB2

@J Rogers

I was told by a CBP officer that it's discretionary and and that an officer could grant someone could be in the U.S. for up to a year. Which then I would guess means they need to stay away for a year before coming back. I'm not sure how the "granting" process would work unless it's based on what the person says to the officer at the time they are crossing into the U.S.

Are you familiar with this duration being discretionary?

J Rogers Trusted

@JohnB2

A CBP officer told one of my clients he would have his waiver "in a couple of weeks". I could FILL this forum with stories of things Homeland Security is wrong about, but it would take too long.

CPB officers can technically look the other way on ANY issue if they want, just like if they caught you with a bag of coke they could ignore it and say "party on".

The rules are pretty specific about overstaying. You can apply for a longer stay, with mitigating circumstances, but everyone also forgets that has to be REPORTED, which also means you have consequences on the Canadian side.

The Homeland Security website is very specific. 180 days in a 12 month period.

Beu

@J Rogers you are right. I thought i was the only person they told 2 weeks. A cbp officer also told me in about 2 weeks I would get the waiver. Now I'm presently around 77 days and nothing yet. I don't get it. They can get away with anything.

candra1

@Beu 77 days it's definitely taking long this time.. I think they till processing April applicants

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