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Hey I’m from Canada and looking to move to the US… or snowbird around 6 months a year rather, because I have no opportunity to get a green card or specific Visa.
So my work is simply to be a french/english translator and write articles through eLance (elance.com) and oDesk (odesk.com). I just pay my rent wherever I go and live a simple life.
I’m concerned about my right to work (legally) when I spend these 6 months in the US. Technically, my main residence would still be in Canada, so does that mean that I can work remotely as usual from my US apartment and pay my stuff without any problem? Or do I need a VISA to make ANY money from within the states?
Note that the clients on these websites are from all over the world. Taxes might get a little complicated as well I know, but at least I would like to know if I can work in the first place.
I hope I can reach someone with a similar situation or the knowledge to enlighten me on this. Thanks.
That bit about "six months in the USA "is NOT carved in stone . It is actually dependant on the US Immigration officer that you deal with, at the US port of entry. It is his/her total decision, about HOW LONG you can stay in the USA. They may decide that you can only stay 30 days. Its totally up to them.
The decision is NOT appealable, either. Like or not, that is how it works, in reality.
By the way, the EXACT same rules apply to Americans, entering Canada, as visitors. NOTE that word, VISITOR.
A VISITOR to the USA may NOT work, attend school, or use any public services. Period.
In order to what you want..........you need a US work permit.
If you can do your work in Canada, stay there. Simple Solution.
Jim B
if you were a US citizen, you can certainly snowbird within the country if your employer/employment situation (if you're still working) allows for such. otherwise, it's been the retirees that can afford snowbirding
Services rendered for compensation mean income thus employment which requires the respective visa. travel.state.gov or uscis.gov are two official sites for OP's research.
As an immigration attorney since 1988 and a KeatsConnelly financial planner since 2004, I have a somewhat different perspective.
Over the next 18 months, US Customs and Border Protection or CBP will be rolling out a new tracking system and a new policy at US ports-of-entry. Under the new policy you will receive an I-94 card (later just a stamp in your passport) granting you a maximum stay of six months minus one day. If you remain outside the US for six months between visits to the US, you should have no difficulty receiving the maximum authorized stay for each visit. If you remain outside the US less than six months, the CBP may restrict your stay to a period less than the maximum. See my recent blog post on this subject.
If you do freelance work online while visiting the US, there are additional issues that you need to be aware of. Completing limited engagements online as an independent contractor (freelancer) is employment in the eyes of the US immigration authorities. Whether it is employment situated in the US, requiring permission from US Citizenship and Immigration Services or CIS (formerly INS), is a separate question. Work is situated in the US to the extent that you have a business presence in the US. To avoid establishing a US presence,
Perform work through your Canadian company; if you do not have one, start one
Avoid online mention of a US address; business profiles, contracts, emails, all communications of any kind refer to your Canadian business address
Everything (e.g., payments received, cash distributions to you, and shipments of work product) runs through your Canadian business address; forward from your Canadian business address to your Florida home as needed
Make major business related purchases in Canada
Apply for, receive, and document reimbursement from your Canadian company for purchases you make in the US (e.g., the business percentage of your monthly internet bill)
Avoid performing work simply as an individual if possible
Avoid soliciting, accepting, and working on assignments for US clients while in the US
In effect, you are telecommuting to your Canadian job. I should add that by following these suggestions, you are not being deceptive: you are being consistent and professional. By following these sugggestions, absent changes in US immigration rules, you should be able to visit the US for almost six months of each year, meet your freelance commitments, and not have to worry about CBP or CIS.
If you wish to live full time in the US and keep more of what you earn by establishing US tax residence, do not be discouraged by the challenge of obtaining a green card. You do not need a green card. Explore the option of moving your freelance company to the US as an E-2 (Treaty Investor)--not an L-1 (Intracompany Transferee). Check out my recent blog post on the subject of E-2 as a relocation strategy. I would strongly encourage you to engage a US immigration attorney (not me) well versed in E-2 matters now to help you design the Canadian entity and organize your freelance work so that you are most likely to qualify for the E-2 sometime in the near future.
Quote:
You can visit, six months at a time, all the while maitaining your Cdn residence, much like retired "snowbirds" do.
The authorities would "bother" with you only if your travel records show that you are spending more time in US than in your home country.
So a good rule of thumb is leave US for as long as you were last visiting, and you should be fine.
Of couse, since you specify your affinity for American women, you could choose one -- or have one choose you -- and marry her, and immigrate that way.
That bit about "six months in the USA "is NOT carved in stone . It is actually dependant on the US Immigration officer that you deal with, at the US port of entry. It is his/her total decision, about HOW LONG you can stay in the USA. They may decide that you can only stay 30 days. Its totally up to them.
The decision is NOT appealable, either. Like or not, that is how it works, in reality.
By the way, the EXACT same rules apply to Americans, entering Canada, as visitors. NOTE that word, VISITOR.
I am sorry, but this is BS.
As American citizen I've been to Canada and have never had any visas issued. Just a stamp at the point of entry, which is not a visa.
Heck, I've even been to Toronto several times while still on GC and with my original passport - still no visas issued by Canada
I would say that as long as they keep paying you in your Canadian account, you will be safe. It's the same job you have, you can do it from anywhere, and you can do it while being "on vacation" around here. So, technically, you can't, but it's not like you are taking a US job, you are just working while you are traveling through the land of the free and home of the brave and it should work out just fine for you.
I would say that as long as they keep paying you in your Canadian account, you will be safe. It's the same job you have, you can do it from anywhere, and you can do it while being "on vacation" around here. So, technically, you can't, but it's not like you are taking a US job, you are just working while you are traveling through the land of the free and home of the brave and it should work out just fine for you.
This is your opinion and NOT reality. You can't do your Canadian job in the US legally, it's considered work.
OP, how old are you? If you are 30 and show up at the border for a 6 month "holiday" they are going to be suspicious - if you have proof of having your living expenses for the 6 months on hand that would help - otherwise they are going to wonder how you can support yourself. If you tell them the truth, you'll be turned away.
I hope I can reach someone with a similar situation or the knowledge to enlighten me on this. Thanks.
The knowledge to enlighten you is contained within the USCIS website which you'll find linked in the first "sticky" on this forum. This is the ONLY place you should be looking for this information and, if you can't find what you need right there, you can contact them directly through the website for further enlightenment. Good luck.
RiskyDiagram
Are you just trolling or do you enjoy sharing partially illegal/partially false information?
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