Many Canadians travel to the U.S. for business, vacation, or family visits. But what if you want to live there? The rules for visiting are different from those for moving. This post will explain when you need a visa, the exceptions, and your options for a long-term stay.
1. Do Canadians Need a Visa to Enter the U.S.?
For short visits, no visa is required. Canadians can enter the U.S. for:
- Tourism or visiting family (up to 6 months)
- Business meetings or conferences
- Short-term study programs (under 18 hours per week)
Canadians only need to show:
- A valid Canadian passport
- Proof of ties to Canada (job, home, etc.)
- Return travel plans
However, this does NOT apply if you want to live, work, or study long-term in the U.S.
2. Moving to the U.S.: When Do Canadians Need a Visa?
You’ll need a visa if you plan to move to the U.S.. This includes:
- Working in the U.S.
- Attending full-time school or university
- Starting a business
- Living with a U.S. citizen spouse
Standard U.S. Visa Options for Canadians:
- TN Visa (under NAFTA/USMCA): For certain professionals like engineers, accountants, and scientists.
- H-1B Visa: For specialized jobs that require a degree.
- L-1 Visa: For company transfers within the same organization.
- E-2 Visa: For investors starting or managing a business.
- Family-based Green Card: If you have a U.S. citizen spouse, parent, or child.
3. Are There Any Exceptions?
Yes, but they are limited:
- Dual Citizens: If you’re both a Canadian and U.S. citizen, no visa is needed.
- Green Card Holders: If you already have U.S. permanent residency, you don’t need a visa.
- Certain Government or Diplomatic Roles: Special rules apply to diplomats and officials.
4. What Happens If You Move Without a Visa?
Trying to live in the U.S. without the right visa can lead to:
- Denial of entry at the border
- Deportation
- Bans from re-entering the U.S. for several years
Even though Canadians have more flexible travel rules, you must follow U.S. immigration laws if you want to stay long-term.
5. How to Apply for the Right Visa
- Determine the correct visa type based on your purpose (work, family, business, etc.).
- Gather required documents, such as job offers, proof of family relationships, or investment details.
- Submit your application to the U.S. Embassy or Consulate in Canada or apply at the border for some visas (like the TN visa).
- Attend an interview if required.
Key Takeaways
- Short visits (tourism/business): Canadians do not need a visa.
- Living, working, or studying: A visa is required.
- Don’t risk legal trouble: Apply for the proper visa before moving.
If you’re unsure which visa is correct, consult an immigration lawyer to avoid mistakes that could affect your status.
Schedule a Consultation with an Immigration Lawyer
Citations
We Can Help!
You may have questions regarding a U.S. immigration matter. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
