US Entry and Stay for Canadians: Under Non-Controlled Entry

Canadian citizens enjoy a unique status in US immigration law, often quickly entering the country under their “visa-exempt” status. However, this simplicity brings its own set of complexities, particularly concerning the Form I-94 and the idea of “non-controlled” entry. This article aims to clarify these concepts and guide Canadian citizens in navigating their US entry and stay.

I-94 Admission Record and Its Importance

The I-94, whether physical or electronic, is a pivotal document for individuals admitted under TN Visa status issued by US Customs and Border Protection (CBP). The shift to electronic I-94s has led to specific entries not involving the form, resulting in what is termed as “non-controlled alien” entries. Canadian citizens need to verify their admission type and duration of stay. Any discrepancies should be promptly addressed at CBP deferred inspection sites.

The Process of Verification of Entry

Upon entering the US, Canadian citizens often do not require a visa stamp or Form I-94, particularly at land ports of entry. This process contrasts with air or sea entries, where an electronic I-94 is typically issued. In both scenarios, it’s crucial to confirm your admission status and the authorized duration of your stay to avoid any immigration issues.

Understanding “Non-Controlled” Entry for Canadians

For Canadians admitted without an I-94, generally known as “non-controlled Canadians,” the legal stay is typically six months. Overstaying this period can lead to severe immigration penalties, such as a three or 10-year bar from the US. Evidence of a “non-controlled” entry can be established through various means, including CBP travel history, affidavits, purchase receipts, accommodation proofs, and travel itineraries.

Considerations for Canadian Visitors

1. Always verify admission status and stay duration: Whether you have an I-94 or are admitted as a “non-controlled Canadian,” always ensure you understand the length of your legal stay.
2. Evidence of Admission: Keep records of your entry into the US, such as travel tickets, hotel bookings, and purchase receipts, to prove your “non-controlled” status if needed.
3. Seek Legal Advice for Complex Situations: If unsure about your status or facing immigration issues, consult with a US immigration attorney for guidance.

Conclusion: Ensuring a Compliant and Stress-Free Stay

Canadian citizens’ visa-exempt status offers a convenient way to enter the US. However, understanding the nuances of the I-94 form and “non-controlled” entry is essential to ensure a compliant and hassle-free stay. Always stay informed and prepared to substantiate your entry and stay duration to navigate US immigration successfully.