General Exemption from Passport and Visa Requirements

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.

Numerous exemptions from visa requirements appear in Title 8 of the Code of Federal Regulations ("CFR") at §212.1. The most notable visa waiver is contained in 8 CFR §212.1(a)(1). 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.

Citizens of Canada are therefore visa-exempt for most nonimmigrant 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 fiances; 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 or Bermuda from the requirement of a visa for immigrant purposes.

Passport Requirement Applicable to Canadian Citizens in Certain Cases

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 be required to present a valid passport (or NEXUS Air card) at air ports-of-entry when departing from or entering the U.S. from within the Western Hemisphere.

The passport requirement does not yet apply to land or sea ports of entry. The date on which land ports-of-entry will require valid passports has not yet been confirmed. However, as early as January 1, 2008, U.S. citizens traveling between the U.S. and Canada, Mexico, the Caribbean, and Bermuda by land or sea (including ferries), could be required to present a valid United States Passport or other acceptable document (likely a NEXUS card).

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):

Applicants for A, G and NATO visas;
Bearers of diplomatic and official passports;
Applicants 16 years of age or younger; and
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.