Canadian citizens enjoy unique treatment under U.S. immigration law, but that does not mean they are exempt from inspection, time limits, or documentation rules. Recent enforcement trends underscore the importance of understanding how Customs and Border Protection (CBP) handles admissions, I-94 records, and visitor intent at the border.

This article provides an overview of visa requirements, length of stay, I-94 rules, registration obligations, and key risks that Canadian citizens should be aware of before entering the United States.

Who Needs a Visa

In most situations, Canadian citizens may travel to the United States as visitors without first obtaining a visa stamp. However, there are important exceptions.

A visa is required where a Canadian citizen is:

Applying for E-1 or E-2 treaty trader/investor status,
Applying for a K visa (fiancé(e) or related category), or
Traveling in a diplomatic or certain official capacities.

By contrast, nationals of most other countries must secure a visa from a U.S. consulate or use ESTA (if eligible) before seeking admission.

Visitor Status and Length of Stay

When entering as a visitor, Canadian citizens are typically admitted in:

B-1 status for temporary business, or
B-2 status for tourism or pleasure.

In many cases, CBP will grant up to six months of authorized stay. However, the key point is that this is not automatic. The inspecting officer may admit the traveler for:

A period tied specifically to the stated purpose of travel (e.g., a week for a wedding or a short business meeting), or
Either the remaining time on a prior admission or a new six-month period, depending on the facts and the officer’s discretion.

Each entry is treated as a separate admission, and CBP retains full authority to shorten or deny a stay based on travel history, ties to Canada, or concerns about possible U.S. residence without proper status.

The Role of the I-94: Your Real “Expiration Date”

CBP now rarely stamps passports with the old-style entry stamp. Instead, the I-94 Arrival/Departure Record is the controlling document.

The I-94 governs:

The immigration category in which the person was admitted (e.g., B-1, B-2), and
The date through which they are authorized to remain in the United States.

Canadian travelers (like other foreign nationals) must check and download their I-94 after every entry.

If the I-94 expires, even if the passport appears valid, the individual is out of status and may begin to accrue unlawful presence. CBP will also not admit travelers beyond the validity of their passport, so keeping a passport current is essential.

No “Six-Month Per Year” Rule – But Real Limits Still Apply

A common misconception is that Canadian citizens are limited to “six months per year” in the United States. In fact:

There is no specific U.S. immigration rule that caps Canadians at six months in a calendar year;
There is also no entitlement to more than six months on any entry.

What matters in practice is the overall travel pattern. When a Canadian visitor spends more time in the U.S. than in Canada, CBP will frequently question:

How the person is supporting themselves,
Whether they maintain a residence and ties in Canada, and
Whether they are effectively living in the U.S. on a visitor visa, which is not permitted.

Frequent, lengthy stays can lead to shorter admissions, increased scrutiny, or even refusal of entry.

USCIS Registration Requirements and Exceptions

Canadian citizens who enter the U.S. and are issued an I-94 are generally exempt from the USCIS registration requirement.

In practice:

Canadians arriving by air are usually issued an electronic I-94 and are therefore exempt from registration.

There are two important exceptions:

Turning 14 in the United States Any foreign national, including a Canadian citizen, who turns 14 while in the U.S. and will remain for 30 days or more, must register with USCIS within 30 days of their 14th birthday by submitting Form G-325R.

Parents or legal guardians are responsible for completing this registration where required.
Land or Sea Entries Without an I-94
Canadian visitors who:
- Enter by land or sea,
- Are not issued an I-94, and
- Remain in the U.S. for 30 days or longer,

must register using the same form.

Canadians planning to stay 30 consecutive days or more after entering by land or sea can request an I-94 at the time of entry via this form.

There is a $30 fee for I-94s issued at land or sea borders.

Refusals of Admission and Possible Detention

For Canadians applying for admission:

At a Canadian land port of entry, or
At a pre-flight inspection in Canada,

A refusal typically results in the traveler simply being returned to Canada, absent any serious criminal issues. In many instances:

Pre-flight inspection facilities do not issue expedited removal orders, although CBP may still make a finding of inadmissibility that can affect future travel.

If a Canadian citizen attempts to enter the U.S. from a third country (for example, from Mexico), is refused admission, and that country will not take them back, CBP may have no choice but to detain the person until they can be processed and returned to Canada.

Practical Takeaways for Canadian Travelers

Before entering the U.S., Canadian citizens should:

Always review and download the I-94 after each entry and calendar the expiration date.
Understand that each admission is discretionary, and prior six-month entries do not guarantee future six-month stays.
Avoid patterns that appear to be de facto residence in the U.S. under visitor status.
Confirm whether any USCIS registration is required, especially for minors or land/sea entries without an I-94.
Keep passports valid well beyond the intended period of stay.

Conclusion

While Canadian citizens benefit from visa exemptions in many situations, they are still subject to U.S. immigration rules and CBP discretion at each entry. Misunderstanding how I-94 records work, assuming an automatic six-month stay, or spending more time in the U.S. than in Canada can all lead to problems at the border.

Canadian citizens who travel frequently, plan extended stays, or combine U.S. visits with work or business activities should seek individualized legal advice to avoid inadvertently violating U.S. immigration law.

If you have questions about your specific situation or how these rules may affect your travel plans, please e-mail PSBP Partner Chris Prescott at cprescott@psbplaw.com.