Travel for Canadian Citizens
CANADIANS TRAVELING TO THE UNITED STATES
Visas
Canadian citizens as well as landed immigrants in Canada who are British subjects, citizens of a British Commonwealth country, or citizens of Ireland, do NOT need to obtain a visa stamp in order to apply for admission to the United States. The only exceptions to the general visa waiver policy are for those individuals entering the U.S. as treaty traders or investors (E), as the fiancé of a U.S. citizen (K), or as immigrants. All travelers should be prepared to present documentary evidence of identity, citizenship, and (if applicable) resident status in Canada.
Passports
Canadian citizens as well as landed immigrants in Canada who are British subjects, citizens of a British Commonwealth country, citizens of Ireland, do NOT need a passport to enter the U.S. except after a visit outside the Western Hemisphere. However, the Canadian Department of Foreign Affairs and International Trade (DFAIT) strongly urges all Canadians traveling to the United States to obtain a passport before leaving Canada. Absent a passport, Canadians must present proof of citizenship when entering the United States. If proof of citizenship does not have a photograph (such as birth or baptismal certificates) it MUST be accompanied with valid photo identification.
Dual Nationality
Some Canadians may have American as well as Canadian citizenship through birth in the United States, naturalization, or descent. Canadians who are also American citizens should always identify themselves as an American citizen when entering the United States. For more information on dual nationality, consult the “Dual Nationality” section of the American Citizen Information Services Web site
Admissibility and Entry
Once at an American border or at an inland port of entry, Canadians are subject to American law. INS can refuse entry to persons with criminal records or persons who cannot demonstrate that they have a legitimate reason to enter the United States.
When a Canadian has been refused entry to the United States, a permanent record is created in a computerized database. This information is readily available at all land border and inland ports of entry, as well as at INS pre-clearance facilities in Canada. An initial refused entry does not necessarily mean entry will be denied in the future. At the time of denial, INS will advise on what is needed to facilitate re-entry. However, if an attempt to enter the United States at another port of entry is made without first addressing the defects of the first attempted entry, persons may be subject to fines, seizure of vehicles, or both. There are appeal procedures, but they are prolonged and costly. Also, under U.S. law, an alien denied entry at the border by Customs or Immigration does not have the right or privilege of contacting an attorney.
However, at pre-clearance facilities in Canada, a person may chose to withdraw their request to enter the United States. This step may be taken before being interviewed further or before luggage is inspected. But despite this, U.S. officials may make a record of the attempted entry. The option of withdrawing entry at land borders or inland ports is rarely available, since the person is already on U.S. soil.
If a Canadian citizen is denied TN classification at a pre-clearance facility or at a port of entry, absent fraud or material misrepresentation, the petition is denied without prejudice. The alien may make a second attempt at another time or at another pre-clearance facility or port of entry without the first denial affecting the adjudication of the subsequent TN application.
Expedited Removal
As of April 1, 1997, ‘expedited removal’ allows INS, with the concurrence of a supervisor, to bar non-citizens (including Canadians) from the U.S. for five years if, in their judgment, the person presented false documents or misrepresented themselves. There is no formal appeal process under expedited removal.
Pre-Clearance
U.S. Immigration has pre-clearance facilities at seven Canadian airports: Vancouver, Calgary, Edmonton, Winnipeg, Toronto, Montreal (Dorval), and Ottawa. Pre-clearance is also available at the Victoria, British Columbia ferry terminal for travel to Port Angeles, Washington.
Canadians using U.S. pre-clearance facilities are still required to meet U.S. entry requirements. American officials are allowed to inspect luggage and refuse entry into the United States. However, while on Canadian soil, Canadians continue to have rights under Canadian law including the Charter of Rights and Freedoms. Refusal to cooperate with U.S. officials may result in being refused entry. As noted above, at pre-clearance sites, an application for entry may also be withdrawn.
U.S. Border Fees
American border officials collect a US$6 per person fee (payable only in U.S. dollars) to issue an Arrival/Departure Document, Form I-94. This form is distributed to Canadian citizens and landed immigrants from the United Kingdom, countries of the British Commonwealth, or Ireland who are entering the U.S. to study or work and to visitors from other countries. This fee does NOT apply to Canadian citizens or landed immigrants from the British Commonwealth or Ireland who are entering the U.S. for a temporary visit for pleasure or business, or to all travelers arriving in the United States by air.
Taxation Status
Canadians living or traveling in the United States but maintaining residential ties in Canada, they are usually considered a factual resident of Canada for taxation purposes. However, many complicated issues and differing situations are involved. Canadians should review their situation with the Canada Customs and Revenue Agency (CCRA) to avoid surprises. The CCRA publication Canadian Residents Going Down South provides information for individuals.
Canadian residents spending part of the year in the United States could be considered either a resident alien or a non-resident alien for U.S. taxation purposes. Resident aliens are generally taxed in the United States on income from all sources worldwide; non-resident aliens are generally taxed in the United States only on income from U.S. sources. It is important, therefore, to determine their status by contacting the U.S. authorities.
Crime and Punishment
While in the United States, Canadians are subject to U.S. laws and regulations. Canadian citizenship confers NO immunity, special protection, or rights to preferential treatment.
If arrested in the U.S., Canadians have a right to speak with a consular officer and/or to have the nearest Canadian government office informed of the arrest. Under Article 36 of the Vienna Convention on Consular Relations, arresting authorities in the United States are required to inform Canadian citizens of this right without delay.
Canadian Consular Assistance in the United States
DFAIT has a number of Canadian government offices in the United States. The Embassy is located in Washington, DC, and there are consulates in Atlanta, Boston, Buffalo, Chicago, Dallas, Detroit, Los Angels, Miami, Minneapolis, New York, and Seattle. There is an honorary consul in San Juan, Puerto Rico. The Australian Consulate General in Honolulu, Hawaii, will assist Canadians in an emergency.
Information about Canadian consulates and missions in the United States:
Emergency Consular Services:
Canadian government offices abroad offer 24-hour assistance. During non-office hours, a telephone call you make to an office abroad will be automatically transferred to a consular officer in Ottawa or you will be asked to leave a message on an answering machine. In either case, there will be a prompt response. If you leave a recorded message, make sure that it is clear and that you leave a telephone number or a full contact address. In addition, you can make a collect call to the Department of Foreign Affairs and International Trade in Ottawa at (613) 996-8885. You may wish to use the Canada Direct service if it is available.
Passport Service
Canadian government offices in the United States provide only emergency passport services. Full passport services, including mail-in applications are available through the Central Passport Office in Hull, Quebec. Passport applications mailed from the United States takes 20 working days (excluding mailing time) if all information and documentation have been provided.
Regular passport services for Canadian citizens residing in the United States:
Source: “Crossing the 49th: Advice for Canadians Travelling to the United States”. Department of Foreign Affairs and International Trade.
Baker Law Corporation