Many Canadians regularly cross the U.S. border for work, study, business, or family visits. While travel is usually smooth, certain situations can lead to extra questions or even denial of entry by U.S. Customs and Border Protection (CBP). This applies to Canadians with:
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A TN Visa (TN Status)
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A U.S. Green Card
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Another U.S. nonimmigrant visa (like H-1B, F-1, B-1/B-2, E-1/E-2)
In this article, we’ll explain when you should take extra caution when crossing into the U.S., especially if your employment has changed, you’ve had legal or immigration issues, or you’ve been out of the U.S. for long periods.
Who This Applies To
You should read this guide if you are:
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A Canadian citizen working in the U.S. on a TN, H-1B, or other work visa
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A U.S. permanent resident (Green Card holder)
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A student, tourist, or business visitor entering the U.S.
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Someone with past immigration or legal issues
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Anyone whose status or travel history may raise questions at the U.S. border
Why Caution Is Sometimes Necessary
Even though Canadians are generally visa-exempt for many U.S. travel purposes, you’re subject to more rules and documentation requirements when you hold a specific visa or U.S. residency. Border agents have the authority to:
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Question your eligibility
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Review your immigration history
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Deny you entry, even if your visa or Green Card is valid
Being prepared and knowing the risks in advance can help prevent problems at the border.
Situations Where Canadians Should Be Careful
1. You Changed Jobs or Positions While on a TN or H-1B or Work Visa
If you’re on a work visa and:
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Switched employers.
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Got promoted or changed job duties.
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Took time off or left the position temporarily.
- Substative changes in employment, investment, or conditions under which the visa was approved.
You may need to reapply or update your status. A TN Visa is job-specific, and changes without proper documentation can lead to the denial of reentry.
Important for Canadians: TN applications can be made directly at the border, but a job change still requires a new support letter and review by an officer.
2. You Work in a TN Category That Receives Extra Scrutiny
Some TN job categories are more likely to be questioned by CBP officers because they are often misused or vague. These include:
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Management Consultant
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Computer Systems Analyst
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Scientific Technician/Technologist
Officers may ask for more details about your degree, job duties, and how your position qualifies under USMCA (formerly NAFTA). Always bring a detailed, updated TN support letter and proof of qualifications.
3. You Have a Criminal Record or Past Immigration Violations
Even minor criminal offenses in Canada, like DUI, theft, or assault, can make you inadmissible to the U.S., especially if they involve “moral turpitude” or drugs. Other red flags include:
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Past overstays or unauthorized work in the U.S.
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Previous entry refusals
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Removal proceedings or deportation from the U.S.
Canadian travelers are often surprised when older offenses or minor convictions cause major problems at the border. If you’re unsure, speak with a licensed U.S. immigration attorney before attempting to cross.
4. You Spent Too Much Time Outside the U.S. as a Green Card Holder
Green Card holders (including Canadians) must be careful not to abandon their U.S. permanent residence. Long absences, especially over 180 days, can trigger questioning at the port of entry. Bring strong evidence that you’ve maintained your U.S. ties, like:
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U.S. tax returns
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Lease or mortgage agreements
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Employment verification
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Utility bills or bank records
If you plan to be out of the U.S. for more than a year, apply for a reentry permit before leaving.
5. Your Maintenance of Status Is in Question
You may face questioning at the border if:
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Your visa has expired
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You are not currently employed in your TN/H-1B job
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You’ve taken a break from school while on an F-1 student visa
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You’ve had gaps in your authorized stay or visa status
Always bring current proof of your status, including employer letters, visa approval notices, or student enrollment letters.
What Canadians Should Bring to the Border
| Status | Recommended Documents |
|---|---|
| TN Visa | Passport, updated TN support letter, proof of employment, I-94 if renewing |
| Green Card Holder | Green Card, reentry permit (if needed), proof of U.S. residence |
| H-1B | I-797 approval, passport, letter from employer |
| F-1 Student | Valid I-20, proof of enrollment, recent transcripts |
| Any Past Issues | Legal letters, waiver approvals, copies of old denials |
Print documents and carry originals when possible. Digital copies may not be accepted by CBP.
When to Talk to an Immigration Attorney
You should consult a U.S. immigration lawyer before traveling if:
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You changed jobs or roles on a TN or H-1B visa
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You work in a TN occupation under scrutiny
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You have criminal charges or convictions (even if resolved in Canada)
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You were previously denied entry to the U.S.
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You are a Green Card holder who has been outside the U.S. for more than 6 months
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You have a pending immigration application
An attorney can help you gather proper documents, assess risks, and prepare for questions at the port of entry.
Citations
We Can Help!
If you have questions about U.S. Immigration for Canadians, 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. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
