Home  Features Getting Around Crossing over to the USA
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Crossing over to the USA |
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Automobile Insurance
If you are entering the United States by personal automobile, you
should check with your insurance agent to verify that your existing
coverage is valid or sufficient for the US areas you will be visiting
and for the duration of your visit. If you are going to remain in a
specific location in the United States for a considerable period of
time, you should verify with the local authorities that your vehicle
registration and driver's licence will remain valid.
Many states have mandatory automobile insurance
requirements, and many require motorists to carry appropriate proof of
insurance. Each state’s motor vehicles department can give you more
specific information. The American Automobile Association (AAA) and the
Canadian Automobile Association (CAA) can provide detailed information
to their members.
If you are in the United States and wish to drive to Mexico in your
personal vehicle, you may need to purchase liability insurance as well
as additional auto insurance. Contact your insurance agent and the
local Mexican tourist office for information.
US Customs and Border Protection
Very specific US regulations govern what you may bring into the United
States. These cover gifts, alcohol, tobacco and vehicles. Also included
are various prohibited and restricted items such as lottery tickets,
liquor-filled candy, seditious and treasonable materials, obscene or
pornographic materials, products made by convicts or forced labour and
products, such as ivory, made from endangered species. Switchblade
knives are prohibited, except those owned by persons with only one arm.
Transit for Cruises
Many Canadians enter the United States on their way to join sea cruises
to other countries. You must have a valid Canadian passport for such a
trip. Some of the countries you may be visiting will not permit entry
without a passport. A passport is also important to re-enter the United
States at the end of the cruise.
Ship authorities may retain your passport during the cruise, in
accordance with their own administrative regulations and to facilitate
clearance with US Customs. Passengers should obtain a receipt for their
passport, and the passport should be returned at the end of the cruise.
Canadian Taxation Status
If you are living or travelling in the United States but maintain
residential ties in Canada, you are usually considered a factual
resident of Canada for taxation purposes. However, many factors are
taken into account in determining your status for income tax purposes,
so you should review your situation with the Canada Revenue Agency
(CRA) to avoid surprises.
US Taxation Status
If you are a Canadian resident spending part of the year in the United
States, you could be considered either a resident alien or a
non-resident alien for US taxation purposes. Resident aliens are
generally taxed in the United States on income from all sources
worldwide; non-resident aliens are generally taxed in the United States
only on income from US sources. It is important, therefore, for you to
determine your status by contacting the US authorities.
Admissibility and Entry
As soon as you stop at the US border or at an inland port of entry, you
are subject to US law. US Customs can refuse entry to persons with
criminal records or persons who cannot demonstrate that they have a
legitimate reason to enter the United States.
Generally, the criteria for admissibility as a temporary
visitor include, but are not limited to: proof of citizenship; evidence
of residential, employment and/or educational ties to Canada;
legitimate purpose for the trip; reasonable length of stay; and proof
of financial support while in the United States.
In a nutshell, this "test" helps determine whether you are travelling
for legitimate reasons, have the financial resources for your travel
and living expenses, and intend to return home. The US official at the
point of entry is the sole judge of your admissibility.
Under US law, as an alien detained at the border by Customs or
Immigration, you do not have the right or privilege of contacting your
lawyer. Visitors to the United States should be aware that the driver
of a vehicle can be held responsible for the ineligibility of
passengers, regardless of prior knowledge or association.
The permanent US record created when a Canadian has been refused entry
to the United States becomes part of a computerized database readily
available at all land border and inland ports of entry, as well as at
US Department of Homeland Security Customs and Border Protection (CBP)
preclearance facilities in Canada.
An initial refused entry does not necessarily mean you are banned from
entering the United States in the future. At the time of refusal you
will normally be advised of the requirements you have to meet to
re-apply for entry (such as obtaining a “waiver” or producing
documentation supporting your intention to return to Canada at the end
of the trip).
If, however, you attempt to enter the country at another port of entry
without first trying to satisfy these requirements, you could be fined
or have your vehicle seized, or both. There are appeal procedures, but
they are prolonged, costly and unlikely to reverse the original
decision. If you have a past criminal conviction, you could also be
detained for deportation at a CBP detention centre.
What you say in response to questioning by Customs officers can be used
against you if you are considered inadmissible. Many persons have had
their vehicles or vessels seized because they pretended to be Canadian
citizens when they were actually landed immigrants or visitors to
Canada. Others have lost vehicles or vessels because they carried
passengers who pretended to be Canadian citizens, did not admit to
having a criminal record, or pretended to be visitors while planning to
look for work in the United States. Again, as a driver, you can be held
responsible for the misdeeds of your passengers regardless of knowledge
or association.
You can choose to withdraw your request to enter the United States if
border officials at a preclearance facility in Canada are questioning
your application. This step can be taken before you are interviewed
further or your belongings are searched. Despite your taking this
approach, US officials may nonetheless make a record of your attempted
entry in the US Customs and Border Protection database. The option to
withdraw your application for entry is rarely available at land border
or inland ports of entry, since at that point you are already on US
soil.
Expedited Removal
Canadians travelling to the United States should note that US Customs
and Border Protection’s “expedited removal” procedure allows a Customs
agent, with the concurrence of a supervisor, to bar non-citizens from
the United States for five years if, in their judgment, the individuals
presented false documentation or misrepresented themselves. Canadians
should be aware that lying to a border official is a serious offence.
Expedited removal is part of comprehensive reforms intended to control
illegal immigration. There is no formal appeal process under expedited
removal, but if you believe the law has been misapplied in your case,
you can request a supervisory review by writing to the US Department of
Homeland Security Customs and Border Protection district director
responsible for the port of entry where the decision was made.
If you intend to work or reside permanently in the United States, a
Memorandum of Creation of Record of Lawful Permanent Residence (Form
I-181) must be filed at the port of entry. Although applicants accepted
under the Jay Treaty are not required to apply for a permanent resident
(green) card (Form I-551), possession of the card does make it easier
to travel and establish eligibility for benefits.
Precautions
The same rules apply in the United States as at home, only more so. You
are usually at greater risk than locals; indeed, in some areas of the
United States, tourists and non-locals could be targeted. Accordingly,
you should follow these rules:
- Know where you are and where you are going at all times. Carefully plan road trips in advance.
- Do not pick up hitchhikers.
- Keep valuables out of sight, and never leave them in a parked vehicle.
- Leave a copy of your itinerary and proof of citizenship (for
example, Canadian birth certificate or certificate of Canadian
citizenship) with a family member or friend who can be contacted in an
emergency.
- Call home regularly if you do not have a fixed schedule.
- Keep a separate record of your traveller’s cheques, credit cards
and medical insurance, and ensure that the information is also
available to someone back home.
- Do not carry your passport, tickets, identification documents,
cash, credit cards and insurance papers together. Keep them separate so
that in the event of theft or loss you do not lose everything.
- Use the safety deposit box at your hotel. Never leave valuables in your room.
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