Top 10 Things You Need to Know About the U.S.- Canada Land Border Closure
This summary will provide information about the current state of the U.S.-Canada Land Border Closure.
On March 20, 2020, the U.S. and Canadian officials mutually agreed that non-essential travel between the United States and Canada should be temporarily suspended. There have been multiple extensions of that suspension. Most recently, these measures were again extended, now at least until November 21, 2020.
Until these restrictions are relaxed, here are ten things you should know about the U.S.-Canada land border closure:
1. The U.S. travel restrictions apply only to the land ports of entry (including passenger rail and ferry travel). They do not apply to travel by air or by sea. They also do not apply to freight rail.
Although the U.S. agreed to close its shared land border with Canada, it still allows Canadians to fly to the country for leisure travel. Conversely, Canada won't allow Americans to enter for non-essential travel by any mode of transport unless they get a special exemption.
2. The land border is not actually “closed” but travel to the United States from Canada is limited to “essential travel” which includes but is not limited to:
a. U.S. citizens and LPRs,
b. International students,
c. People traveling to receive medical treatment,
d. Emergency responders/public health officials,
e. Truck drivers moving cargo or other individuals engaged in international trade,
f. Official government/ diplomatic travel,
g. Members of the U.S. armed forces and their spouses and children who are returning tothe U.S. or who are engaged in military-related travel or operations.
3. The only travel that the Federal Register notices define as per se non-essential is tourist travel.
Most U.S. ports of entry read this to mean that only B1/B2 travel is prohibited, while other ports of entry read the restrictions more narrowly and require proof of essentiality. Note that business visitors are allowed to enter the U.S. from Canada or Mexico, and do not have to be essential, as long as they arrive in the U.S. by air. When in doubt, call the port of entry!
4. In practice, most ports of entry consider employment-based dependents to be “essential,” so long as they are traveling in a dependent status such as TD, H-4, or L-2. If family members seek admission as visitors, they will likely be refused admission.
5. If an essential traveler is traveling in a car with someone who is non-essential (such as a parent dropping an F-1 child off at school), everyone in the vehicle will be refused admission. When in doubt, you can fly to the U.S.!
6. CBP is still performing routine adjudications of TN and L-1 petitions at the land ports of entry, although some land ports are requiring proof that the proposed employment is “essential” while others are not. When in doubt, call the port of entry!
7. Despite Canada’s Quarantine Act , Canadian citizens currently present in the U.S. who wish to “flagpole” by entering Canada, making a U-turn, and applying at the border crossing/port of entry for a TN or L, may still do so as they do not need to leave their vehicle prior to returning to the U.S.
8. Most third country nationals currently cannot enter Canada by land or by air in order to flagpole or to apply for a U.S. visa at a U.S. Consulate in Canada due to Canada’s current travel restrictions, which go beyond the restrictions imposed by the land border agreement between the U.S. and Canada. Whether people can enter Canada is a matter of Canadian immigration law and may require consultation with a Canadian immigration lawyer.
9. CBP has limited the locations at which Canadian citizens can apply for nonimmigrant waivers on Form I-192. CBP encourages people to file applications online.
10. Canada’s Quarantine Act requires anyone who is permitted to enter Canada to self-isolate for 14 days following entry to Canada (unless they are flag-poling). They should plan accordingly and be prepared to present, verbally or in writing, a quarantine plan that conforms to Canada’s strict requirements.
NOTE: Those travelers who qualify for ESTA (Electronic System for Travel Authorization) who are in transit to the U.S. from a COVID-barred country who elect to go to a non-COVID-barred country ( e.g. , Mexico) for 14 days in order to facilitate admission to the U.S. should not book their flight into the U.S. until after they have cleared their 14 days in the non-COVID barred country. If they book the flight into the U.S. within the 14 days and the flight is after the 14-day time period, the ESTA approval will be automatically cancelled.
*Information in this article is provided by American Immigration Lawyers Association AILA Doc. No. 20092434.
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