Navigating U.S. Entry and Stay Rules for Canadian Visitors Without Entry Proof

For Canadian visitors, entering the U.S. without receiving formal entry documentation, like an I-94 form, can create uncertainty around how long they’re allowed to stay. In this guide, we’ll clarify the rules around Canadian entry, the differences between visa exemption and the Visa Waiver Program, and essential steps for Canadians planning extended stays or applying for immigration benefits.

Canada is unique in that its citizens generally do not require a visa to enter the United States. This “visa exempt” status means that Canadians can enter the U.S. without first obtaining a visa, unlike many foreign nationals who must apply for and receive a visa before seeking entry. It’s important to note that being visa exempt is not the same as being eligible for the Visa Waiver Program (VWP), which applies to specific countries whose citizens must register with ESTA before entering the U.S. Canadians bypass this requirement altogether and do not need ESTA authorization.

Some exceptions to this visa exemption exist. For example, Canadians who wish to enter the U.S. on an E-1 Treaty Trader or E-2 Treaty Investor visa must first apply for and receive these visas before entry. However, for most purposes, Canadians may enter the U.S. as visitors without obtaining a visa in advance.

Foreign visitors entering the U.S. typically receive a form I-94, which records their entry date and the length of time they are permitted to stay in the U.S. However, Canadians entering by land usually do not receive this form, making it challenging to know exactly how long they’re allowed to stay or if they’re at risk of overstaying. Canadians who do not receive an I-94 are considered “non-controlled,” meaning they do not have a clear departure date recorded.

There are exceptions to this. Canadians entering the U.S. by air or sea or those entering with a B-1/B-2 visa or TN (NAFTA Professional) status typically receive an I-94. This entry record specifies their allowed duration of stay and helps avoid any overstays. Canadians who enter without an I-94 are often unaware of when they will begin to accrue unlawful presence, which can lead to severe penalties like being barred from re-entering the U.S.

There’s no unified answer for how long a non-controlled Canadian can stay in the U.S. without accumulating unlawful presence, as different U.S. agencies interpret this differently. The U.S. Customs and Border Protection (CBP) enforces a six-month stay limit. CBP’s policy states that after six months, a non-controlled Canadian would begin accruing unlawful presence unless they extend, change, or adjust their status. Even though USCIS and the U.S. Department of State have issued conflicting conclusions on this question, since CBP typically enforces the six-month rule, it’s safest for non-controlled Canadians to assume a six-month limit on their stay.

For Canadians planning to extend their stay or apply for a status adjustment, providing proof of their entry date is essential. But without an I-94, they may face challenges in providing this information. The U.S. government allows Canadians in this situation to submit a sworn affidavit explaining the details of their most recent entry. Supporting documents—such as receipts for transportation, hotels, or purchases near the time of entry—can add credibility to the affidavit. Additionally, checking the CBP’s online travel history can be helpful, as some entries may be recorded there. If available, a printout of this travel history, along with the affidavit and supporting documents, can serve as proof of entry.

Canadian visitors who are not issued an I-94 on their entry should keep in mind the six-month guideline to avoid penalties and should gather any records of their arrival. If staying longer or applying for a status change, Canadians should prepare an affidavit with documentation of their entry date.

If you have questions about your stay in the U.S. or need assistance applying for a change or adjustment of status, Scott Legal, P.C. offers free resources and consultations to guide you through your immigration process.