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Canadian with an American spouse could raise a red flag at the U.S.-Canada border, lawyer says
As Canadians gear up for the holiday season, many will be taking trips to the United States. Canadian travellers are at the discretion of American border officers, who may ask questions about relationship status, work history and living situation.
It could raise a red flag if a Canadian is going to the U.S. and has an American spouse, immigration lawyer Ksenia Tchern McCallum at Tchern McCallum Immigration Law told National Post over email. That’s because some people may visit and then remain in the U.S. to apply for a visa within the country.
Amid ongoing tensions between Canada and the U.S. and recent changes to American travel policies , it’s important for Canadians to be informed ahead of reaching border. Travelling to the U.S. for Canadians is “not business as usual.”
“The U.S. now has enhanced security which includes obtaining fingerprints and photographs of visitors. Canadians who stay 30 days or longer must register with the U.S. Citizenship and Immigration Services after they enter the country. And, those who don’t comply face fines up to $5,000 or jail time,” she said.
To avoid the red flag being raised about a cross-border relationship, Canadians going to the U.S. should be prepared to explain to officers how they maintain the relationship and “what concrete ties they have to Canada that demonstrate they will return after their visit,” said Tchern McCallum.
“This can include a full-time job, family obligations, a lease or mortgage, pets, or any other commitments that anchor them to Canada,” she said.
If a relationship is new, there might not be an established back and forth history of travel between the countries, she said. Officers may ask more detailed questions. They could inquire about the purpose of the visit, length of stay, living arrangements, and who is covering expenses.
“Having an itinerary and answers prepared can significantly ease the process,” Tchern McCallum advised.
“If there is a future intention for the American spouse to sponsor the Canadian spouse (or vice versa), the Canadian can be upfront about this. Explaining that you understand the proper immigration process, that you are not trying to immigrate without authorization, and that any future move will be done through a formal application often reassures officers.”
She added: “It shows transparency, awareness of the rules, and respect for U.S. immigration requirements.”
More advice for Canadians going to the U.S. includes making sure to have “supporting evidence of your ties to Canada” if travel plans are for a prolonged period of time.
“This could include an employment confirmation letter, pay stubs, bank statements, lease or mortgage statements, utility bills, etc.,” she said. “Proof of insurance and financial ability to support yourself while in the U.S. is also important, especially for Canadians staying over 30 days.”
Tchern McCallum also said that Canadian travellers, in particular snowbirds, who want to avoid being turned away at the border should have a return flight booked. “If not, you’ll be flagged,” she said in a news release by iAmbic Communications.
“Have you overstayed the pre-determined time of your visit in the past? If so, you could be questioned or refused entry,” she said.
Canadian travellers who visit the U.S. frequently should also be prepared to be questioned about it and provide detailed answers. She said it’s best not to be evasive, as that could also lead to denied entry.
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