Canadian citizens are visa-exempt and generally do not require a visa stamp before entering the United States. When entering the United States via a land port, Canadians are often admitted without CBP Form I-94, a passport stamp, or any other admission record. We discuss admission to the United States as a “non-controlled Canadian” with no I-94 here.
What is an I-94, and what am I supposed to do with it?
When you are admitted to the United States under TN Visa status, you will receive a corresponding I-94, either physically stapled in your passport, or electronically. US Customs and Border Protection (CBP) has now transitioned primarily to issuing electronic I-94 arrival and departure records. When a foreign national is admitted without record, this is commonly referred to as a “non-controlled alien“. Admission as a non-controlled alien can cause confusion about the length of stay and when you must leave the United States.
What is an I-94, and what am I supposed to do with it?
Entry to the United States as a Canadian Citizen
Canadian citizens who enter the United States are treated differently than visitors of other nationalities. This is because in most cases, except for K visas and E visas, Canadians are “visa-exempt” and are admitted to the United States without a visa stamp. In most instances, a Canadian is admitted to the United States at a land port with a simple smile and a wave! No official stamp or CBP Form I-94 is issued. A “non-controlled Canadian.”
However, not all Canadian entries are “non-controlled” admissions. When a Canadian enters the United States via sea or air, an electronic Form I-94 is typically issued and tied to the passport used upon entry. In some cases, CBP will also place a physical stamp along with handwritten notations on the passport. This will often indicate the port of entry, admission status, and dates of admission.
It is important to verify how you were admitted and how long you are permitted to stay. If there were issues with your admission status or period of authorized stay, you should have them corrected immediately.
How do I get my CBP Form I-94 Record?
How do I correct a mistake on my I-94 at a CBP deferred inspection site?
When entering the United States it is important that your entry is properly recorded by US Customs and Border Protection (CBP). If your entry was recorded improperly, you should get it corrected as soon as possible. This can be done through one of the many CBP deferred inspection sites in the United States.
How do I correct a mistake on my I-94 at a CBP deferred inspection site?
I was admitted to the United States as a “non-controlled Canadian” with no I-94, how long can I stay?
According to CBP, the status of a Canadian citizen who enters the United States via a land port is admitted for up to 6 months. After 6 months, they would be required to depart the United States, extend their status, or change to another legal immigration status. Staying beyond 6 months or not properly maintaining status can lead to serious immigration consequences including the 3 or 10-year bar.
How can I prove that I was admitted as a “non-controlled Canadian”?
If you were legally admitted to the United States as a non-controlled Canadian, there are several ways you can prove that you were legally admitted without CBP Form I-94. For example:
- Although you might not have been issued an I-94 your travel might still be recorded with CBP. Your travel history can prove your entry as a “non-controlled Canadian.” Click Here to View your Travel History with CBP.
- An affidavit that details how, when, and where you entered the United States.
- Receipts at the time of entry from the purchase of gas, food, etc.
- Proof of hotel or other accommodations.
- Any other proof to support the entry such as travel itinerary, photos, concert or sporting events attended, etc.
In our experience, a simple affidavit supporting the legal entry is sufficient and can be used when changing status, extending status, or filing an application for adjustment of status.
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