This video is based on an article by Elena Ashford, published on April 17, 2025, by Law360 Canada, titled “Top 10 Tips for Canadian Citizens Crossing the U.S. Border.“
The Government of Canada has recently updated the official travel advisory for Canadians who intend to travel to the United States. The United States Travel Advice webpage posted by the Government of Canada states the following:
“Every country or territory decides who can enter or exit through its borders and the Government of Canada cannot intervene on your behalf if you do not meet entry or exit requirements for the United States. Individual border agents often have significant discretion in making those determinations. U.S. authorities strictly enforce entry requirements. Expect scrutiny at ports of entry, including of electronic devices. Comply and be forthcoming in all interactions with border authorities. If you are denied entry, you could be detained while awaiting deportation.”
The current state of affairs makes even a thought about crossing the United States border an uncomfortable experience. In current climate, Canadians feel nervous to go on vacation or attend a business meeting in the United States. The volume of calls from Canadians who are concerned about crossing the U.S. border got me thinking that sharing the top tips on border-crossing is an absolute must.
Assess your purpose of entry to the United States and make sure that the intended scope of activities does not breach any immigration regulations.
This tip is for Canadians who wish to enter the United States as business visitors. Some of them have no idea that they require work permits and that the intended activities fall under the work permit category and not a business visitor category. The biggest misperception is: if someone is not paid in the United States, they are considered a business visitor. The fact that you are not paid in the U.S. has nothing to do with whether you require a work permit or not. It is all about the nature of the activities to be performed in the United States, and not the pay or the trip duration. Even based on the frequency of past visits to the U.S., the border officer may determine that the Canadian citizen intends to work in the United States without a valid work authorization and may deny them entry. Contact me if you are not sure whether you require a U.S. work permit or not. If you do not require a work permit but you are entering the U.S. for business-related purposes, you still need to know what supporting documentation to carry with you to support your business visitor purpose of entry.
If you intended to enter the United Status for a 30-day trip or for longer duration, you must comply with the new Alien Registration Requirements published on the USCIS website.
Those individuals who do not undergo mandatory registration will be charged with a misdemeanor and will, upon conviction, be fined up to $5,000 USD or be imprisoned up to 6 months, or both. This mandatory registration process requirement is new. It is an option to keep your trips for under 30 days in duration at a time, so you don’t have to undergo the mandatory registration process.
If you are travelling to the United States by air, make sure to take with you the printout of your return flight.
Do not simply have the return flight itinerary saved somewhere in your email. Have a printed page of your return flight and be ready to show it to the border official as evidence of your scheduled return to Canada. This is the main evidence of your intention to return to Canada and the duration of your intended U.S. visit. This is not the time to have a one-way ticket.
If you are going to the United States for leisure, make sure to print all your itineraries and be ready to present them for border officer’s review upon their request.
Once your print these documents, do not keep them in your luggage. Be ready to present them without delay if the officer asks to see your hotel reservation, confirmation of the cruise vacation trip, a concert or a sport event ticket, etc. It is better to be over-prepared. There is no need to provide supporting documentation if you are not asked to provide it.
Do not disclose more information than required when being asked questions by the U.S. border officers.
It sets a wrong tone when someone rambles when being asked questions. No officer likes when the traveller goes on a rant when being asked a direct question. Listen to questions and keep your answers short and to a point. Be truthful when answering questions.
Be prepared for your electronic devices to be searched.
This is not a new development. The U.S. Customs and Border Protection officers are authorized to search any traveller’s electronic devices. If you refuse to provide passwords to your electronic devices such as a cell phone or a laptop, the officers may seize them for an investigative purpose. You have to be compliant while dealing with the CBP officers. A CBP officer has a discretion to ban you from entering the United States for several years or permanently if you misrepresent any information or if you are acting in a confrontational manner.
If you have strong political views reflected on your social media accounts, be prepared that you may be denied entry to the United States.
Besides searching your electronic devices, the CBP officers may ask you for a list of your social media accounts for the purpose of viewing them. I recommend being truthful and compliant if you are asked for a list of your social media accounts. If you need to be able to cross the U.S. border either for work or personal reasons, you should abstain from actively positing your political views on social media.
Do not attempt to travel to the United States with someone who has a criminal record or who has been pardoned in Canada.
The U.S. Department of Homeland Security does not recognize Canadian record suspensions (pardons).In fact, anyone who is granted a pardon in Canada automatically comes to attention of a CBP officer when trying to cross the U.S. border. If your friend or a family member has a criminal record for or they have been pardoned, they may not be allowed to enter the United States without a valid waiver, which takes a year to obtain. That said, a single DUI conviction does not make someone inadmissible to the United States.
Your demeanour of being nervous is a red flag when crossing the border.
Border officers are trained to screen any traveller for unusual behaviour. Simply showing that you are nervous may led you to a secondary inspection. I recommend calming your nerves and realizing that you are not doing anything wrong if you remain truthful about the purpose and duration of your visit. Answer officer’s questions truthfully and in a confident manner. Don’t stumble on your words. Simply listen to the questions you are asked and answer them. Be respectful. No officer tolerates attitude. Any border-crossing interaction is a personal interaction with an officer who is doing their job, and their job is to screen for odd behaviour. On the opposite side, trying to befriend the border officer with your small talk is also not the way to approach the interaction. Be friendly but don’t start a friendly conversation with the officer if they don’t start one with you. The officer is the one who sets the tone for the interaction with you.
Make sure you that you know the items that you are prohibited from bringing to the United States and the items that you have to declare when going across the US border.
Even if you have a Nexus pass, it may be taken away for non-compliance. Think ahead when planning your trip and make sure that you are compliant with the cross-border import/export regulations. Your car and your personal belongings will be searched if you are sent to a secondary inspection. I once dealt with a case where carrying a hand-cream that contained hemp resulted in a long-term ban to the United States.
Hopefully, you will find these border-crossing tips helpful. Personal circumstances require a personal approach. It is always advisable to consult a lawyer about your specific situation. Contact our Siskinds Immigration Team with your border-crossing questions.