Q: Staying in Canada for 6 months
I got divorced recently, and my ex-wife went back to Canada with my two kids (one and four years old). I live in New York, and I have a court order to see the kids twice a month. However, it’s kind of hard going back and forth every month and crossing the border, and every time I do, the officers at the border ask me too many questions about the reason for my visit. So my question is, can I stay in Canada for 6 months? I’m a U.S. citizen, and if I can, how does it work? Should I tell them at the border that I will stay for 6 months?
Thanks in advance.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
As a U.S. citizen, you can generally stay in Canada as a visitor for up to six months. When you arrive at the border, it's important to be transparent about the duration and purpose of your stay. Mention that you intend to visit your children, and have documentation ready, such as the court order and any communication with your ex-wife regarding visits, to support your statement.
If you plan to stay for the full six months, consider applying for an extension before the initial six-month period ends. This application is made to Immigration, Refugees and Citizenship Canada (IRCC). It's advisable to do this at least 30 days before your status expires. Keep in mind, while in Canada, you won't be permitted to work or study without the appropriate visas.
Regarding your frequent travels, carrying evidence of your ties to the U.S., like employment details, property ownership, or other significant connections, can help demonstrate your intent to return to the U.S. after your visits. It's also good practice to have a clear travel itinerary for each visit.
Remember, each entry into Canada is subject to the discretion of the border officers, so having all the necessary documentation and a clear explanation can facilitate smoother border crossings. It's always recommended to seek advice from an immigration lawyer for specific guidance tailored to your situation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
