The AILA CBP Liaison Committee has provided the following practice pointers regarding admission, visa stamps, I-94 records, and registration requirements for Canadian citizens entering the United States.
I. Visa Requirements
Unlike travelers from ESTA-eligible countries, nationals of most other countries generally require a visa stamp issued by a U.S. consulate to enter the United States.
However, Canadian citizens are generally exempt from this requirement. Exceptions apply: Canadians seeking status under E (Treaty Trader/Investor) or K (Fiancé/e) classifications, or those on diplomatic visas, must still have a valid visa stamp in their passport.
II. Admission as a Visitor (B-1 / B-2)
Canadian citizens are typically admitted in B-1 (Business) or B-2 (Tourism) status for a default period of up to 6 months. However, U.S. Customs and Border Protection (CBP) officers possess full discretion to limit this duration based on the traveler's itinerary or stated purpose of entry.
Example: If a traveler states their purpose is solely to "attend a wedding" or "go to a business meeting," the CBP officer may limit the authorized stay to just one week to match that specific event.
III. Determining Remaining Admissibility
When a traveler re-enters the U.S. after a short trip, CBP officers have the discretion to either honor the remaining time from a previous admission or grant a fresh 6-month period.
Scenario:
- Jan 5, 2025: Canadian enters and is granted 6 months (until July 4, 2025).
- March 1: Traveler departs the U.S.
- April 15: Traveler re-enters the U.S.
CBP Options:
- Resume Original Period: Admit the traveler until the original expiration date of July 4, 2025; OR
- New Admission: Grant a fresh six-month period expiring on October 14, 2025.
IV. Passport Stamps vs. Electronic I-94 Records
CBP has largely phased out physical entry stamps in passports. Therefore, after every entry, travelers must visit theCBP I-94 Websiteto download their latest I-94 record.
The I-94 record is the sole governing document for:
- Your Class of Admission (Status); and
- Your "Admit Until" Date (Authorized period of stay).
Note: A visa stamp or a USCIS approval notice does not control your lawful stay; the I-94 does. Furthermore, CBP will generally not grant a stay beyond the expiration date of your passport.
V. Critical Reminders
- Download Every Time: All foreign nationals (including Canadians) must retrieve their I-94 after each arrival.
- Personal Responsibility: Foreign nationals are solely responsible for tracking the lawful admission periods for themselves and their accompanying family members.
VI. The "Six Months Per Year" Myth
There is widespread confusion regarding time limits for Canadians.
- No Statutory Limit: U.S. immigration law does not explicitly state that Canadians are limited to "6 months per year."
- No Statutory Right: Conversely, the law does not grant Canadians the right to stay more than 6 months per year.
- Officer Discretion: Every entry is subject to the CBP officer's discretion.
⚠ Warning: If a visitor spends more time in the U.S. than in their home country, CBP officers are likely to question their source of income and ties to Canada (intent to return). (Note: This alert does not cover Canadian provincial health insurance requirements regarding residency.)
VII. Registration Requirements
General Rule: If a Canadian citizen is issued an I-94 upon entry, they are generally exempt from separate USCIS registration requirements. This covers most air travelers.
⚠ Important Exceptions: Foreign nationals over the age of 14 must register with USCIS within 30 days of entry if they are not issued an I-94.
- Parents/Guardians: Must register children who will stay longer than 30 days if required.
- Land/Sea Entry: If you enter by land or sea, stay longer than 30 days, and were not issued an I-94, you must register usingForm G-325R.
Pro Tip: To facilitate land/sea entry, Canadians can apply for a provisional I-94 online ($6 USD) at theCBP Websitebefore travel.
- Note: This may require going through Secondary Inspection.
- Cost: Land/Sea I-94s cost $6 (often referred to as $30 in older contexts, but currently $6 for the provisional application). Air entry fees are included in the ticket.
VIII. Risks of Refusal and Detention
- Preclearance (e.g., YVR, YUL): If admission is refused at a Preclearance location in Canada, the traveler is typically just turned away and not detained.
- Third Country/Land Border: If refused entry while attempting to enter from a third country (e.g., Mexico) and that country refuses to accept the traveler back, CBP may be required to detain the traveler until they can be repatriated to Canada.
- Expedited Removal: While Preclearance officers generally do not issue "Expedited Removal" orders, they can still make a finding of inadmissibility, which creates a permanent record.
