It is illegal for a Canadian to stay in the United States for longer than six months, during a 12-month period, without the appropriate visa. A U.S. Customs and Border (CBA) officer may allow a traveller in for longer periods if they are able to show that they have ties to Canada, and that they are legitimately visiting the US for pleasure. A snowbird can establish their ties to Canada through things like proof of having a permanent home, family, business, a driver’s licence and having voted in Canada.

However, an officer has the authority to refuse a visitor entry if they believe that person is no longer a temporary visitor, and has abandoned Canada and is living permanently in the United States.

There are penalties for those caught overstaying their visit. They can be barred from returning to the U.S. for three years, and those who overstay for longer than a year face a 10-year ban.

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.

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. To get help, ask a lawyer now.

								
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