Here's how I've stayed in the US:

I arrived in Hawaii on August 30, 2017. I left to Canada on December 14, 2017. I stayed 107 days.

I arrived back on Nashville on January 18, 2018. I left to Mexico on February 26, 2018. I stayed 40 days.

I arrived back in the USA on August 8, 2018. I can stay 35 more days.

Technically, I need to be out on September 12, 2018 to stay 182 days within a 12-month period. But I'm wondering if my 12-month period resets on August 30, 2018. If it does, can I just stay in the country as part of my 182 days of this second 12-month period I'm entering into? Or do I need to leave the country for everything to be ok?

Any help greatly appreciated. Thank you!

  • 3
    Where did you find about the 182 day rule?
    – JonathanReez
    Aug 9 '18 at 23:55
  • 1
    Are you pretty much living in the US?
    – Traveller
    Aug 10 '18 at 1:50
  • 1
    Does seem like you are trying to live in the USA, maybe try the proper routes to live there?
    – BritishSam
    Aug 10 '18 at 8:01
  • 1
    @JonathanReez the 182-day rule arises from US tax law, not US immigration law.
    – phoog
    Aug 10 '18 at 8:58

There is a 120-day rolling window that applies in this situation. If you exceed 120 days per year using this special formula (where stays of previous years count as fewer days - days of the prior year count as 1/3 days ,and stays of the year two years removed count as 1/6 days), then you are deemed to have become a US resident and will be subject to US taxation.

So, if you hadn't stayed any days in the previous three years in the US, you might well be able to stay 182 days in a calendar year, but if you've had stays in prior years, then you need to do the math to see how it works out.

This all assumes you don't have US citizenship or the legal right to settle or work there.

  • The question doesn't seem to be about taxation
    – user102008
    Aug 10 '18 at 4:29
  • @user102008 but Canadian retirees (for example) are typically diligent about avoiding US tax residency. Immigration requirements are somewhat looser. For a visitor uninterested in legal technicalities, the source of a given restriction is unimportant, but complying with the most restrictive requirement can be important indeed.
    – phoog
    Aug 10 '18 at 9:01
  • @user102008 The question is vague about its intent. Is the poster allowed in the US? Likely. Will there be tax implications if the poster stays too long, even as a tourist/visitor? Yes. Aug 10 '18 at 12:34

There is no rule that you can only "stay 182 days within a 12-month period". On each entry as a B2 visitor, you can be admitted for 6 months (although it is in the discretion of the officer to admit you for less time or to deny you entry altogether), regardless of the length or recentness of your previous visits. Whatever time you are admitted for, that is how long you can stay on that visit.

It's theoretically possible for you to be in the US for 6 months, leave and come back the next day, and be admitted for 6 months (although again, the officer could admit you for less time or not admit you at all); and you can stay for that 6 months if that's what you were really admitted for.

  • 1
    What about tax residency?
    – phoog
    Aug 10 '18 at 8:59
  • @phoog I got downvoted for responding that there would be tax implications, but you're exactly right. If the person followed this theoretical situation, (s)he would be paying US tax in the calendar year in which (s)he spent more than 182 days (and perhaps fewer, based on that rolling formula I posted). Aug 10 '18 at 12:35
  • @JimMacKenzie it bears mention that the reason for concern is that a nonresident alien is subject to taxation only on income that can be connected to the US (rental income from a vacation home, for example, or investment income), while a tax resident is subject to taxation on worldwide income.
    – phoog
    Aug 10 '18 at 12:45

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