Immigration Issues/6-month Period


Followup To
Question -

Thank you for your reply.  I repeat: I know absolutely nothing of US immigration laws.  Let me rephrase my question: Many Canadians spend the winter in Florida, where some own a condo or a house.  How do they do it?  What is the "fast track"?  A letter of employment?  I'm sure that would do it.  Is there a site that I should go to for answers?   

Hello.  I would like to purchase a home and live in Orange County, California.  I know nothing about US immigration laws.  Can you tell me about the 6-month period?  Would I be able to reside there for six months continuous, and is this 6 months in a period of 12? Can that be repeated year after year?  On  the other hand, would I be able to use my timeshare in Puerto Vallarta to break my residency after 6 months and then come back after one week and start all over?  Can you advise me please?
Answer -
I have no idea what you are asking.  What six motn period?  In what visa status.  You cannot get a visitor's visa to come and stay every six months.  If you are a permanent resident, purchasing a house would add strength to the argument that you are a resident but if you are continually out of the US for six months at a time, USCIS may determine that you do not intend to reside in the US.  Also, as a permanent resident, you must declare and pay US taxes on all worldwide income.  This is a fact specific analysis and you will need to schedule a consultation with a qualified immigration attorney to get case specific advice.

Half of your question appears to imply that your are entering on a visitor's visa (they are unlikely to let you do this frequently since you need to have a foreign address that you have no intent to abandon and ties to your country of residence- you also may not work in any way while in the US on a visitor's visa) bur the other half of your question refers to your "residency" in the US, which is absolutely incompatible with visitor status.  It is very unlikely that any bank would finance a home purchase in the US for an alien that has no legal status to remain here, however, that is beyond the scope of your question and would depend on the bank and your situation.

Canadians are visa exempt (you never said that you were Canadian and, in fact, you still have not) and have a much easier time than many other aliens.  There are a variety of ways to do this but it would require a discussion and analysis of your situation that is far beyond what can be done in this forum.  You will need to either study and learn about basic immigration law to determine what will accomplish your goals or consult with an experienced immigration practitioner.

Immigration Issues

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James D. Mills, Esq.


I can answer questions regarding business and family immigration, deportation, removal, exclusion, the immigration consequences of crimes and structuring criminal cases to eliminate or mininize immigration consequences.


I have been a licensed immigration attorney and a member of the American Immigration Lawyer's association for more than five years.

American Immigration Lawyer's Association.

Juris Doctorate, Rutgers School of Law- Camden, 1997

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