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How long can a Canadian remain in the USA?

Region: Ontario Answer # 1097

Canadians can usually stay in the United States for a maximum of six months (about 182 days), during a 12-month period. The allowed time spent in the USA can occur during one trip or it could be the sum of several trips.

Canadian citizens 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.

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.

For information regarding visiting the United States for pleasure, including what travel documents are required, view topic #1030 Do Canadians need a visa to visit the USA?

For information on how to calculate the number of eligible days, visit the U.S. Customs and Border Protection 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 a number of laws governing long term holidays and property ownership in the USA, as well as travelling there as a visitor, student, or to work, often involving Visas and travel permits. To get help, ask a lawyer now.

 


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