For Canadian citizens visiting the United States, understanding how long they can remain in the country can be confusing. Unlike most foreign nationals, Canadians generally do not need a visa to enter the U.S., and often do not receive an I-94 entry record. This lack of documentation can make it unclear when they must leave or what steps to take if they plan to stay longer or apply for immigration benefits.
Visa Exemption for Canadians
Canadian citizens are considered visa exempt, which means they can enter the U.S. without obtaining a visa beforehand. This is different from the Visa Waiver Program, which applies to citizens of certain countries who must register under the ESTA system before travelling. Canadians do not need ESTA and can typically enter the U.S. by presenting valid identification such as a passport.
Exceptions to Visa Exemption
There are exceptions to this rule. Canadians applying for certain visa categories, such as E-1 Treaty Trader or E-2 Treaty Investor visas, must secure the visa before entering the U.S. These cases are relatively rare but important for business travellers to keep in mind.
The Role of the I-94 and Non-Controlled Canadians
Most foreign visitors to the U.S. receive a Form I-94, which records their entry date and authorised stay period. Canadians entering by air or sea, or those admitted in TN (NAFTA Professional) status, usually receive an I-94. This document is crucial because it specifies how long they can remain in the U.S. and helps prevent accidental overstays.
What Does Non-Controlled Mean?
Many Canadians entering by land do not receive an I-94. These individuals are often referred to as non-controlled Canadians. Without an I-94, it becomes difficult to determine the authorised stay period and when unlawful presence might begin if they overstay.
How Long Can Non-Controlled Canadians Stay in the U.S.?
This is where things get complicated. Different U.S. agencies interpret the rules differently.
CBP Interpretation of Stay Duration
Customs and Border Protection generally allows non-controlled Canadians to stay for up to six months. Staying beyond this period without extending or adjusting status may lead CBP to consider the individual unlawfully present.
USCIS and Department of State Perspective
USCIS and the Department of State tend to focus on whether the visitor complied with the terms of their status rather than imposing a strict six-month limit. However, given CBP’s conservative stance, Canadians should assume a six-month maximum stay to avoid immigration penalties or complications during future entries.
Documenting Entry and Applying for Extensions
If a non-controlled Canadian wishes to apply for an extension, change, or adjustment of status, they may need to prove their entry date. Without an I-94, this can be challenging.
How to Prove Entry Without an I-94
The U.S. government allows applicants to submit a detailed affidavit explaining when and how they entered. Supporting documentation such as transportation receipts, hotel invoices, or purchase records from the arrival date can strengthen the affidavit. Additionally, Canadians should check the CBP website for their travel history. Some entries may be logged in the system and can be printed as proof.
Practical Considerations for Canadians Visiting the U.S.
For Canadians planning extended stays in the U.S., it is wise to assume a six-month limit unless they have documentation stating otherwise. If they need to remain longer, they should apply for an extension or change of status before their authorised period ends. Keeping records of entry and travel, including receipts and itineraries, can help avoid complications later. Checking CBP’s online travel history is another useful step to ensure accurate documentation.
Charting Your Path Forward
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, Scott Legal, P.C. can help. We offer free resources, webinars, and consultations to guide you through your immigration journey. Download our free Canadian visa guide, sign up for our next webinar, or schedule a consultation with our experienced legal team today.
