The Canadian Snowbird in America – Crossing the U.S. Border

Despite the close relationship between Canada and the United States, anytime you cross the border you must not forget you are entering another country with different legal, customs and tax implications. When entering the United States, you can do so without the physical issuing of a U.S. Immigration Visa if your purpose is simply to spend your winters there.

Under U.S. immigration rules, spending your winters in the U.S. would be referred to as a temporary pleasure trip. The U.S. visa category that is automatically assigned to you for this purpose is the B-2 visa. This visa is available to temporary visitors only and does not allow you to work or establish long-term residence in the U.S. There is no application to complete, nor will you physically receive a visa document or stamp in your Passport.

Under current rules, B-2 visitors are automatically entitled to be in the U.S. for a maximum of 6 months in the calendar year. Under this visa category, your stay in the U.S. must be temporary and you must demonstrate a clear intention to depart prior to the end of the authorized period of your stay. If you leave the U.S. and re-enter later, the 6-month period starts over. However, you cannot keep leaving the U.S. at the end of each 6-month period and assume that a new 6-month period has begun. Again, this must be distinguished from the period of time that is granted by U.S. immigration once you make your entry at a U.S. border point.

As of January 23, 2007, all Canadian citizens traveling by air between Canada and the U.S. are required to present a valid Canadian passport to enter or re-enter the U.S. Although a U.S. Customs and Border Protection (USCBP) officer may accept an oral declaration of your citizenship, it is recommended that at minimum you carry your passport and perhaps additional documents that establish citizenship or Canadian residency such as a birth certificate or driver’s licence.

If you make frequent trips to the U.S., U.S. immigration officials may question you about your residency intentions. You should carry documented evidence to prove that your intention is not to establish permanent U.S. residence. To that end, we recommend that you carry a “Border Binder” with you to support your Canadian residency position.