Canadians historically have crossed the border and have not been issued an I-94, nor have their passport been stamped. Snowbirds came to Florida or Arizona, and stay the entire winter, which might stretch more than 6 months. The Customs and Border Patrol (hereinafter CBP) has recently, without any warning whatsoever, started issuing I-94. Since the I-94 is issued electronically, the Canadian nationals may not even know about it and thereby have illegal stay.
Moreover under 8 CFR §214.2(b)(2), Canadian visitor’s with a B visa has to be given a minimum of 6 months. I-94s might be given for shorter duration.
This procedure, done very quietly by CBP, might put a lot of Canadians in illegal status. Then depending on the length of their illegal stay, they may be barred from entering the United States for 3 to 10 years. This bar means no cross border shopping or even visiting your winter home down south.
Please go here to check your I-94 and get the date by which time you will need to leave USA.
For more information, please contact Banerjee & Associates.
