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Canadian questions

Do Canadian citizens need an I-94?

Sometimes. Most Canadians traveling to the USA simply drive to the border and are waved through. This indicates that they are admitted as tourists for up to six months. If your intent is anything else, you must stop at the office and fill out an I-94 that corresponds to your desired status. Of course, you'll also need the appropriate documentation. There is a small fee for the I-94; if you fly or take a ship, the fee is built into your fare.

Do Canadian citizens need a visa?

Sometimes. Most Canadian non-immigrants do not need one. The only exception are the K visas for fiances and spouses of US citizens. Canadian immigrants do need an immigrant visa.

Do Canadians get a special "break" when it comes to immigration?

Yes, to some extent. Canadians benefit from the following special rules.

Canadian citizens do not need to get a visa for most activities in the US. Their paperwork can be processed at the port of entry. However, Canadian citizens still need to comply with the same immigration laws as everybody else. This means, among other things:
- Do not work without the appropriate status.
- Leave the US within the permitted time.
Pitfall Warning: If you were waved through at the border, you are considered a tourist admitted for six months. If that is not what you meant to get, be sure to get out of the car and stop at the office! Also, be sure to keep evidence of when you leave the US, in case there ever is a question.
Canadian citizens (and Mexicans) can benefit from special NAFTA-only rules. Specifically, Canadian citizens can get TN status.
Canadians currently do not need a passport to enter the USA. This is set to change in a few years, though.

I am a landed immigrant in Canada. Do I get any benefits?

Unfortunately, no. You will be treated as a citizen of your home country until you become a naturalized Canadian. This includes having to get a visa, as well as any other respect of immigration law.

Note that there used to be a rule about certain landed immigrants being allowed to come to the US without a visa. This rule has been repealed.

I am a landed immigrant in Canada. Will there be a problem getting an H-1B or a US Green Card?

Not from the US side. You should research whether such a long term move out of Canada may cause you to lose Canadian Permanent Residency, though.

I have an H-1B and have been offered Canadian Permanent Residency. Will there be a problem?

Not from the US side. If you want to keep your H-1B job, you should research whether not moving to Canada immediately may cause you to lose Canadian Permanent Residency?

I have an Green Card and have been offered Canadian Permanent Residency. Will there be a problem?

The US takes the position that you cannot be a permanent resident in two countries. Accepting Canadian Permanent Residency is strong evidence that you are abandoning your Green Card and may cause you to lose your Green Card immediately.

I am currently working in the US under a TN (NAFTA) visa. One of the requirements for this visa is that the person will return to his home country after 1 year. Can I apply for an H-1B while under a TN visa? I heard that if during the H-1B process I go back home and try to come back to the US, there's a probability that I may be denied entry, because of applying for an H-1B while on a TN. Is this true?

Thanks to Rod for this question!

First of all, a TN does not require you to return after one year. Rather, it expires after one year - but you can have it extended.

You can change to H-1B while you have a TN. This is often a good option if your long-term plans include a Green Card, since there can be difficulties applying for a Green Card while holding a TN.

It is indeed a theoretical possibility that you will be denied admission after filing a change of status to H-1B, but realistically it is unusual.

DO be aware that if you leave the USA while the H-1B is pending, your change of status will be considered abandoned. The H-1B petition itself will still be perfectly valid, but you will not automatically change from TN status to H-1B. Instead, you have to leave the USA again, and return showing the H-1B petition at the border. As a Canadian, there is usually no need to stop and get a visa at a US consulate.

Once the H-1B petition is approved, you can freely leave the USA and return, and you will change status on the effective date even if you departed in the meantime.

This web site is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. I made an attempt to provide somewhat accurate information as of the time of this writing, but the situation may well have changed by the time you read this. I am not a lawyer. I have no legal training. Please, if in doubt, be sure to use the services of a professional lawyer whom you trust. Keep in mind that there are no guarantees in immigration law. Most decisions are discretionary in nature, and even a competent immigration lawyer cannot guarantee success.

If you have further questions, please consider posting them in the newsgroup alt.visa.us, where there are a number of helpful individuals. I discourage emailing me directly. If you still want to email me your question, please send them through the Contact page. Don't expect an immediate answer, and I reserve the right to ignore your mail completely, too!

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