Logo of Chang & Boos
HomeAbout UsResourcesWhat's NewContact UsSearchWeb LinksDisclaimer





Bookmark and Share


Follow us on Twitter

Visa and Passport Exemptions for Citizens of Canada

Written by Henry J. Chang
Updated May 24, 2008

General

A nonimmigrant alien must normally be in possession of a valid passport and a valid nonimmigrant visa or border crossing identification card. However, certain nationals are exempt from passport and visa requirements and may simply request admission at a port of entry. These exemptions appear in Title 8 of the Code of Federal Regulations ("CFR") at §212.1; the visa waiver for citizens of Canada appears at 8 CFR §212.1(a)(1).

Visa and Passport Requirements for Canadians until June 1, 2009

The current language of 8 CFR §212.1(a)(1) is as follows:

Canadian citizens. A visa is not required. A passport is not required for Canadian citizens entering the United States from within the Western Hemisphere by land or sea, or as participants in the NEXUS Air program at a NEXUS Air kiosk pursuant to 8 CFR §235.1(e). A passport is otherwise required for Canadian citizens arriving in the United States by aircraft. (Revision effective January 23, 2007)

Visa Requirements

Citizens of Canada are visa-exempt for most nonimmigrant (temporary) purposes. However, there are exceptions:

  1. Pursuant to 8 CFR §212.1(h), Canadian citizens require a visa to enter the United States as K fiancés; and
  2. Pursuant to 8 CFR §212.1(l), Canadian citizens require a visa to enter the United States as E treaty traders or investors.

Also, 8 CFR §212.1(a)(1) does not exempt citizens of Canada from the requirement of a visa for immigrant (permanent) purposes.

Passport Requirements

Prior to implementation of the Western Hemisphere Travel Initiative ("WHTI"), Canadian citizens did not require a passport except after travel outside the Western Hemisphere. However, since January 23, 2007, all United States citizens and nonimmigrant aliens from Canada, Bermuda and Mexico have been required to present a valid passport (or NEXUS Air card) when departing from or entering the U.S. by air from within the Western Hemisphere (the United States, Canada, Mexico, the Caribbean, and Bermuda).

The above passport requirement does not yet apply at land or sea ports of entry. However, it will become effective at land and sea ports of entry on June 1, 2009 (see below).

Acceptable Documents at Land or Sea Ports of Entry Until June 1, 2009

As of January 23, 2007, U.S. Customs & Border Protection ("USCBP") officers at land and sea ports of entry no longer accept oral declarations of citizenship. USCBP has indicated that the following documents will be required to establish both identity and citizenship:

Single Document Option - One of the following documents should be presented to prove both identity and citizenship.

  1. Canadian Passport;
  2. Trusted Traveler Cards (NEXUS, SENTRI, or FAST)*;
  3. Provincial Issued Enhanced Driver’s License (when available – this secure driver’s license will denote identity and citizenship.)*;
  4. Enhanced Tribal Cards (when available); and
  5. Indian and Northern Affairs Canada Card.

* Frequent Land Border Crossers — to expedite processing into the United States, USCBP recommends using one of the above asterisked documents.

Two Document Option - Canadian citizens who do not have one of the documents from the list above must present BOTH an identification and citizenship document from each of the columns below.

Identification Documents*

  1. Driver’s license or identification card issued by a federal, state, provincial, county, territory, or municipal authority; and
  2. Canadian military identification card.

* All identification documents must have a photo, name and date of birth.

Citizenship Documents

  1. Canadian birth certificate;
  2. Canadian citizenship card; and
  3. Canadian certificate of citizenship without photo.

Procedures for Children

Effective January 31, 2008, U.S. and Canadian citizen children ages 18 and under will be expected to present a birth certificate.

Visa and Passport Requirements for Canadians on or after June 1, 2009

On April 3, 2008, the United States Department of Homeland Security issued its Final Rule on the implementation of WHTI at land and sea ports-of-entry, which becomes effective on June 1, 2009. As of June 1, 2009, the text of 8 CFR §212.1(1)(a) will be as follows:

Section 212.1 Documentary requirements for nonimmigrants.

(a) Citizens of Canada or Bermuda, Bahamian nationals or British subjects resident in certain islands. (1) Canadian citizens. A visa is generally not required for Canadian citizens, except those Canadians that fall under nonimmigrant visa categories E, K, S, or V as provided in paragraphs (h), (l), and (m) of this section and 22 CFR 41.2. A valid unexpired passport is required for Canadian citizens arriving in the United States, except when meeting one of the following requirements:

  1. NEXUS Program. A Canadian citizen who is traveling as a participant in the NEXUS program, and who is not otherwise required to present a passport and visa as provided in paragraphs (h), (l), and (m) of this section and 22 CFR 41.2, may present a valid unexpired NEXUS program card when using a NEXUS Air kiosk or when entering the United States from contiguous territory or adjacent islands at a land or sea port-of-entry. A Canadian citizen who enters the United States by pleasure vessel from Canada under the remote inspection system may present a valid unexpired NEXUS program card.
  2. FAST Program. A Canadian citizen who is traveling as a participant in the FAST program, and who is not otherwise required to present a passport and visa as provided in paragraphs (h), (l), and (m) of this section and 22 CFR 41.2, may present a valid unexpired FAST card at a land or sea port-of-entry prior to entering the United States from contiguous territory or adjacent islands.
  3. SENTRI Program. A Canadian citizen who is traveling as a participant in the SENTRI program, and who is not otherwise required to present a passport and visa as provided in paragraphs (h), (l), and (m) of this section and 22 CFR 41.2, may present a valid unexpired SENTRI card at a land or sea port-of-entry prior to entering the United States from contiguous territory or adjacent islands.
  4. Canadian Indians. If designated by the Secretary of Homeland Security, a Canadian citizen holder of a Indian and Northern Affairs Canada card issued by the Canadian Department of Indian Affairs and North Development, Director of Land and Trust Services in conformance with security standards agreed upon by the Governments of Canada and the United States, and containing a machine readable zone and who is arriving from Canada may present the card prior to entering the United States at a land port-of-entry.
  5. Children. A child who is a Canadian citizen arriving from contiguous territory may present for admission to the United States at sea or land ports-of-entry certain other documents if the arrival meets the requirements described below.

    1. Children Under Age 16. A Canadian citizen who is under the age of 16 is permitted to present an original or a copy of his or her birth certificate, a Canadian Citizenship Card, or a Canadian Naturalization Certificate when arriving in the United States from contiguous territory at land or sea ports-of-entry.
    2. Groups of Children Under Age 19. A Canadian citizen, under age 19 who is traveling with a public or private school group, religious group, social or cultural organization, or team associated with a youth sport organization is permitted to present an original or a copy of his or her birth certificate, a Canadian Citizenship Card, or a Canadian Naturalization Certificate when arriving in the United States from contiguous territory at land or sea ports-of-entry, when the group, organization or team is under the supervision of an adult affiliated with the organization and when the child has parental or legal guardian consent to travel. For purposes of this paragraph, an adult is considered to be a person who is age 19 or older. The following requirements will apply:

      1. The group, organization, or team must provide to CBP upon crossing the border, on organizational letterhead:

        1. The name of the group, organization or team, and the name of the supervising adult;
        2. A trip itinerary, including the stated purpose of the trip, the location of the destination, and the length of stay;
        3. A list of the children on the trip;
        4. For each child, the primary address, primary phone number, date of birth, place of birth, and name of a parent or legal guardian.
      2. The adult leading the group, organization, or team must demonstrate parental or legal guardian consent by certifying in the writing submitted in paragraph (a)(1)(v)(B)(1) of this section that he or she has obtained for each child the consent of at least one parent or legal guardian.
      3. The inspection procedure described in this paragraph is limited to members of the group, organization, or team who are under age 19. Other members of the group, organization, or team must comply with other applicable document and/or inspection requirements found in this part or parts 211 or 235 of this subchapter.

Visa Exemption No Longer Available to Canadian Permanent Residents Holding Commonwealth Citizenship

Previously, aliens having common nationality (i.e. Commonwealth countries and Ireland) with Canadian nationals or with British subjects in Bermuda, and who have their residence in Canada or Bermuda, were also visa exempt. This included citizens from the following countries: Antigua and Barbuda, Australia, The Bahamas, Bangladesh, Barbados, Belize, Botswana, Brunei, Cameroon, Canada, Cyprus, Dominica, Fiji, The Gambia, Ghana, Grenada, Guyana, India, Ireland, Jamaica, Kenya, Kiribati, Lesotho, Malawi, Malaysia, Maldives, Malta, Mauritius, Namibia, Nauru, New Zealand, Nigeria, Pakistan, Papua New Guinea, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Seychelles, Sierra Leone, Singapore, Solomon Islands, South Africa, Sri Lanka, Swaziland, Tanzania, Tonga, Trinidad and Tobago, Tuvalu, Uganda, United Kingdom (including colonies, territories, and dependencies), Vanuatu, Western Samoa, Zambia, and Zimbabwe.

However, since March 17, 2003, Canadian permanent residents (formerly known as "landed immigrants") from having Commonwealth citizenship have required passports and visas to enter the United States. However, citizens of countries participating in the visa waiver program are still able to enter the United States without a visa under B-1 or B-2 status for up to 90 days.

Consulates in Canada currently accept nonimmigrant visa applications from permanent residents of Canada. Most visa applications submitted by Canadian permanent residents from British Commonwealth countries will require a personal interview. Only the following applicants may apply by mail (or diplomatic courier where available):

  1. Applicants for A, G and NATO visas;
  2. Bearers of diplomatic and official passports;
  3. Applicants 16 years of age or younger; and
  4. Applicants 60 years of age or older.

However, in situations where such mail-in applicants must travel immediately, they should instead book an appointment for a personal interview.

HomeAbout UsResourcesWhat's NewContact UsSearchWeb LinksDisclaimer