Question about how long I can stay in the U.S.
Posted date : Dec 16, 2021.
Hi there! I went to the U.S. on Jan 14, 2021 and returned on July 1, 2021 (total 169 days) and I plan on going back to the U.S. on October 31 for another six months (end of April). Am I allowed to re-enter the U.S., since it would be considered more than 180 days total for 2021? I looked into the taxes and spoke to a tax lawyer and he said that I just have to apply for the treaty exemption form before June 15, 2022 in order to avoid paying taxes in the U.S. for 2021. I’d appreciate any help/suggestions regarding the immigration and/or tax situation.
Eva P., Toronto, ON
Ed.: And here we go! Your suggested travel dates would total nine months in the prior 12-month period. Immigration allows you only six months, so you are breaking the law. When caught, and you undoubtedly will be, you will probably be banned from the U.S. for five or 10 years.
As to the tax question, I am sure that your lawyer knows about the tax situations and can file for you. You should fill out a Form 8840 every year, though, as it simply declares your “Closer Connection” to Canada.