Understanding U.S. Entry Rules for Canadian Visitors: How Long Can Canadians Stay Without Proof of Entry?

For Canadian citizens visiting the United States, the question of how long they are allowed to stay can be confusing—especially when the individual is not issued any documents upon entry. Unlike most other foreign nationals, Canadians generally do not need a visa to enter the U.S., which means they often don’t receive an I-94 entry record. This lack of documentation can make it unclear when they need to leave and what they should do if they plan to stay longer or apply for immigration benefits while in the U.S.

Canadians are generally “visa exempt,” meaning they are allowed to enter the U.S. without obtaining a visa first. This is distinct from the Visa Waiver Program (VWP), which applies to citizens from certain countries who must register under the ESTA system before travel. In contrast, Canadians do not have to apply for ESTA and can typically enter the U.S. by presenting valid identification.

There are certain visas from which Canadians are not exempt, though these are the exception. For example, Canadians applying for E-1 Treaty Trader or E-2 Treaty Investor visas must secure the visa before entering the U.S.

In most cases, foreign visitors to the U.S. receive a form I-94, which indicates their entry date and how long they are permitted to stay. This is particularly true for Canadians entering the U.S. by air or sea, or those entering in TN (NAFTA Professional) status. For these Canadians, the I-94 specifies their allowed duration of stay and can help prevent unintentional overstays.

Many Canadians, however, are not issued this form, particularly when entering by land. Without an I-94, it’s difficult for them to determine their authorized stay period and know when they would begin accruing unlawful presence if they overstay. Canadians who enter by land and do not receive an I-94 are commonly referred to as “non-controlled Canadians.”

This is where it gets tricky. Different U.S. government agencies have varying perspectives on how long a non-controlled Canadian is permitted to stay in the U.S. without accruing unlawful presence.

Customs and Border Protection (CBP) generally allows non-controlled Canadians a maximum stay of six months. If they stay beyond six months without extending or adjusting their status, CBP considers them to be unlawfully present. USCIS and the Department of State do not have such a strict interpretation, and tend to focus on whether non-controlled Canadians have complied with the terms of their status. However, given CBP’s more conservative approach, non-controlled Canadians are advised to assume a six-month limit on their stay to avoid potential immigration penalties.

When a non-controlled Canadian decides to apply for an extension, change, or adjustment of status, they may be asked to prove their entry date. This can be challenging without an I-94. Fortunately, the U.S. government allows Canadians to submit a detailed affidavit that explains when and how they entered. To strengthen this affidavit, they should provide supporting documentation, such as transportation receipts, hotel bills, or purchase records from their arrival date. It’s also beneficial to check the CBP’s website, as some entries may be logged in the travel history database, which can be printed and submitted as proof.

For Canadians planning to stay in the U.S. for extended periods, it’s wise to be mindful of the six-month guideline and seek an extension or change in status if they need to stay longer. Additionally, they should gather any possible documentation upon entry, as it could be helpful if they later need to prove their lawful entry date.

If you are a Canadian visitor with questions about your stay in the U.S. or need assistance applying for a change or extension of status, reach out to us at Scott Legal, P.C. We offer free resources and consultations to guide you through your immigration journey.