Dear Bird Talk, Has anyone ever questioned the U.S. government about why we have to include days on which we come home for Christmas – trips away from the U.S. – as part of our 182 allowed days in the U.S. It seems to me that if we are not there, we shouldn’t have to count those days. Leslie Bailey Port Severn, ON Ed.: It has been made quite clear to us by the USCBP Agency that, when we reside temporarily in the United States for the winter, short trips out of the country, including cruises or visits home for the holidays, should not be deducted from our days in the U.S. for immigration purposes. Dear Bird Talk, Is someone with a DUI conviction permitted to enter the U.S.? Ronald Bova Amherst, NS Ed.: This would be determined on a case-bycase basis by the U.S. Customs and Border Protection agent. So, be honest and humble and best of luck! Bird Talk Featuring the letters & concerns of our members SEND YOUR LETTERS TO Bird Talk, c/o CSANews 180 Lesmill Road Toronto, Ontario M3B 2T5 Online at www.snowbirds.org/bird-talk or by e-mail: csawriteus@snowbirds.org Bird Talk Dear Bird Talk, In your experience, is it difficult to make application to stay in the U.S. full time? Is it a dual citizenship? How do you apply? Do you need a lawyer? I’m of the age at which owning and keeping up two homes in two countries is too much. I would like to stay in my U.S. home all year, but not give up my Canadian citizenship. Karon Kaminski Windsor, ON Ed.: To stay in the U.S. full time, you must qualify under the U.S. Immigration Act. If you qualify – such as by being married to an American – you must make application for a visa based on that qualification. If you do not qualify, you cannot stay in the U.S. full time. Dear Bird Talk, Can you leave your RV and/or car in the U.S. for longer than six months? I’ve read that a Canadian RV/car which is insured in Canada, cannot be left in the U.S. for longer than six months. I know many who leave their RV/car in the U.S. and take out insurance through a state insurance company. Is there a way to leave your RV/ car in the U.S. and be fully insured? Sue and Paul Kelly Gravenhurst, ON Ed.: If your car, truck or RV is titled and registered in Canada, it cannot remain in the United States for longer than 12 months. Otherwise, it will be considered a vehicle illegally imported into the United States, which will void your Canadian insurance policy. If you want to insure a vehicle in the United States, it has to be registered in a state and insured by an insurance company licensed to sell insurance in that state. Dear Bird Talk, On the 8840 form, the very first question is about your type of U.S. visa and the date you entered the U.S., so what type of visa are we issued and, as for the date, I live a few miles from the border and go over on day trips as well as for three months in Florida... what should I put? Mark Appel Stevensville, ON Ed.: When you enter the United States as a visitor (not on business), you are granted a B2 visa for tourism or medical care. You should state the first day in the calendar year on which you entered the country and add up all of the days that you spent in the U.S. between January 1 and December 31 of that particular year. Dear Bird Talk, In your spring 2023 edition, in the Bird Talk section, there was a question from Mr. William Gordon who wanted to know if there were any capital gains to be repaid following the sale of their mobile home on leased land. Your answer was that, given the gains made on the sale, there would be a tax on the capital gain. My question is, which government will tax the capital gain? American, Canadian or both? Thanks in advance for your response. Francois Gauthier (no location provided) Ed.: If you do not own the land, your property is not considered “real estate.” However, a capital gain on the sale of the mobile home is taxable in the United States. A U.S. tax return would be required to be filed in the year following the year of the sale. When you file your Canadian tax return, you would declare a deduction for the amount of tax that you paid in the U.S. in order to avoid double taxation. CSANews | SUMMER 2023 | 9
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