Canadian citizens, short–term visitor – Visa Not required

Canadian citizens travelling by air to the USA for purposes of pleasure, are only required to have a valid passport or NEXUS card to enter the USA.

If coming by land or sea, Canadian citizens are required to present a Canadian passport or one the following travel documents:

• Enhanced Driver’s License / Enhanced Identification Card
• NEXUS Card
• FAST / EXPRESS Card
• SENTRI Enrollment Card

With any of these accepted travel documents, Canadian citizens may visit the USA for up-to six months without a visa. However, there are many rules regarding travelling to the USA as a visitor, student, or to work, that often involve Visas and travel permits. To get help, ask a lawyer now.

Longer-stay, and other circumstances – Visa required

Canadian citizens do require a visa to enter the USA if they are going to visit for longer than six months, or if their visit is for reasons other than pleasure, such as to:

• engage in business
• work
• marry a USA Citizen
• invest in the USA
• study in the USA

Canadian permanent residents

Whether a permanent resident of Canada requires a visa to visit the USA depends on their country of citizenship and if they have the appropriate travel documents. The Visa Waiver Program (VWP), administered by the Department of Homeland Security, permits citizens of certain countries to travel to the USA for business or as tourists for stays of up-to 90 days without a visa.

To be exempt from obtaining a visitor visa, the person must:

• be a citizen of a country that is eligible for the Visa Waiver Program (VWP),
• have a valid e-Passport, and
• have a valid Electronic System for Travel Authorization (ESTA) approval prior to travel

New requirements for visitors staying for 30 days or longer

According to US Citizenship and Immigration Services (USCIS), under section 262 of the U.S. Immigration and Nationality Act (INA), visitors

“14 years of age or older who were not fingerprinted or registered when applying for a U.S. visa and who remain in the United States for 30 days or longer, must apply for registration and fingerprinting.”

Canadian citizens have been exempted from the fingerprinting requirement.

Most Canadians when entering the U.S. are automatically issued an electronic I-94 which is proof of legal entry into the United States, and therefore this requirement does not apply to them as they are considered registered.

However, there are circumstances where an I-94 might not be automatically generated, including Canadian visitors who enter the United States at land ports of entry.

To confirm if you have been issued an I-94 visit, https://i94.cbp.dhs.gov/home. If you have, there is nothing further to do. If you have not been issued an I-94, you must register with the U.S. federal government before your next visit of 30 days or more.

How to register

Those required to register should create a USCIS online account and register using the newly created online portal.

Penalties for not registering

Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration and stayed more than 30 days could face civil or even criminal or civil penalties.

Refugees

Individuals with Canadian Refugee status (convention refugees and people in need of protection) wishing to travel to the USA are subject to the same requirements as Canadian permanent residents. However, in place of a passport, they must have a Refugee Travel Document. Applications for Refugee Travel Document are made to Passport Canada, and must include proof of status in Canada.

Native American Indians born in Canada

An Aboriginal person, who qualifies as a “Native American Indian born in Canada with at least 50% American Indian blood” does not require a visa and passport to enter the USA by land. Instead, they should have their tribal identity card to present to the CBP Officer. However, if travelling to the USA by air, they do require a passport.

For more information, visit the US Department of State website.

Get help

A criminal record will prevent you from entering the USA or obtaining your USA immigration status. To erase your Canadian criminal record, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.

There are many rules regarding travelling to the USA as a visitor, student, or to work, often involving Visas and travel permits. To get help, ask a lawyer now.

								
You now have 3 options:
								

									
More answers about USA Travel and Immigration
									
Master List: 2,500 Legal Answers
																													
																		
Government Links