Demonstrating Visitor Intent at the Canada-U.S. Border

As a cross-border immigration lawyer based in Windsor, Ontario, Christina Loebach supports businesses, families, and professionals in Canada and the U.S. This blog post will examine what a Canada Border Services Agency (CBSA) officer considers when determining whether to admit a visitor to Canada. This blog post will be especially useful to persons considering longer or more frequent visits to Canada.

Temporary Intent and Visitor Status

Temporary intent means that the temporary resident (visitor, student, or worker) intends to leave Canada by the end of the period authorized for their stay. In other words, the person is temporarily admitted to Canada and must leave by the deadline they are given. Most visitors, including U.S. citizens and green card holders who are crossing via land border, are given an authorized period of stay of up to six months. However, the border officer may authorize their stay for a shorter period. The onus is on the temporary resident to convince the officer that they will leave Canada after their authorized period of stay. The standard is “more likely than not” that you will leave Canada after your authorized stay.

Factors assessed by the officer in making this determination include:

• Length of time you plan on spending in Canada;

• Means of support;

• Obligations and ties to home country;

• Purpose and context of the stay;

• Credibility of documents and information submitted; and

• Past compliance with immigration requirements.

When an officer has concerns about one of the above-noted factors, it may make entering Canada more difficult. If you are concerned that your border crossing experience is taking a turn for the worse, consider voluntarily withdrawing your application to enter Canada that day and seek legal counsel. Depending on the circumstances, you may also request to speak to a supervisor if you believe that the border officer was not treating you fairly.

Immediately after the interaction, write down everything you can remember. Having written details about the conversation, including the questions you were asked and your responses, may help you or your lawyer understand why the officer did not want to admit you to Canada.

If you would like Christina to provide legal advice on border issues or visitor status, please schedule a consultation.