[zudnic]

I agree with everyone. When a Canadian crosses into the United States and answers an US Immigration Officer (not all US Customs Agents are immigration empowered) purpose of trip questions. Usually Canadians seek entry as a tourist, well if he lets in your assumed to have B-1/2 visa status. Since Canadians are exempted from carrying immigration documentation showing this status like an I-94 entry/exit record. Canadians are also exempted under federal laws from overstay penalties. This is what the U.S Consulate info states about Canadian citizens:

Canadian citizens do not require a visa to enter the United States. Canadian citizens are not issued visas in any category except when entering in the following non-immigrant categories: Diplomatic ("A" and "G" visas), Treaty Trader/ Treaty Investor ("E" visas), Fiancé(e) of U.S. citizens ("K1/K2" visas), or spouse of a U.S. citizen (K3/K4 visas). Please refer to individual categories for more detailed information on the above visa classifications.

Canadian citizens do not require a visa to study in the United States. If you plan to study, you should go directly to the border or the airport with proof of your Canadian citizenship, the I-20 form issued by the school (or Form DS-2019 in the case of a person going as an exchange visitor), and evidence of means of support. The educational institution in the U.S. should be able to answer all questions related to you entering the U.S.

Canadian citizens who have been approved for an H, L, O, P, Q, or R nonimmigrant category, should proceed to Customs and Border Protection at a port of entry with form your I-797.

The reason Canadians are issued visa's in those visa classifications. Those non immigrant classes have the closest next step stone in U.S immigration becoming a "green" card holder and citizenship. UN like Mexicans that also includes some NAFTA related visa's also can adjust to perm status non immigrant category. Reality if you want non immigrant status and eventually want U.S citizenship thats the only reason a Canadian needs a visa of any kind.

Students the schools and its suggested to get some form of rubber stamp proof that you've been legally admitted into the United States. Many states have laws about giving certain services to foreign nationals like Drivers Licenses based on legal admittance proof of entering the U.S. Social Security and the IRS can at times require proof as well with legal status. Depends on location some don't deal with lots of Canadians and treat like all Foreigners. Even if state law singles out Canadians like Florida. Sometimes DMV or utilities clerks are UN aware that Florida state law is aware of special alien status Canadians have in United States law and getting a license can be a hassle.


Another red tape area. Lawyers make good livings specializing in NAFTA immigration--most companies want to ensure things are 100% rubber stamped legal. Since 9 times out of 10 getting a NAFTA visa is just that a rubber stamp--for a lawyer its a large bill for little effort. So some Immigration Officers develop "local" rules that create red tape based on that its a real non immigrant process. Most federal law that deal with permits, rules, and such gives the director or head of the government agency the ability to bend them and develop ways to enforce them. The current heads of both the Department Of Homeland Security and The State Department have written rules that Canadians inside the U.S are assumed to have B1/2 visa status by mere presence.

USCIS and DOS clarified that the following individuals are not subject to overstay penalties, since they did not enter the United States on a nonimmigrant visa: • Individuals who come on immigrant visas; • Those who enter the United States under a visa waiver program (WB or WT status on the Visa Waiver Pilot Program or Guam Visa Waiver Program); • Individuals who are not required to obtain visas under 8 C.F.R. § 212.1(c) (e.g., Canadians); • Those who enter without inspection; and • Those who are admitted to the United States in parole status. It is important to understand that individuals in these categories who stay longer than the authorized period of stay are still in violation of their status, but they are not subject to I.N.A. § 222(g).

The Attorney General authorizes the period an alien can stay inside the United States. Since Canadians are not required to obtain visas under 8 CFR 212.1 to be in the United States Canadians have been authorized "duration of status" That is never ending while inside, past the border. You've been "paroled" by an immigration officer.

An immigration judge finds in the course of exclusion, deportation or removal proceedings that a status violation has occurred, resulting in a termination of the alien's period of authorized stay; or • INS (DHS) determines in the course of adjudicating an application for an immigration benefit that there has been a status violation, resulting in a denial of the benefit

The above deals with overstay. Once paroled into the United States the only person that can remove a Canadian or determine a status violation is an immigration judge. Since a Canadian does not need a visa or an I-94 marking entry or exit. While inside the United States a Canadian has "law full" presence at all times. Since no overstay penalties for Canadians this pretty much make it near impossible to be removed from the United States even by INS because they'd need to adjudicate, i.e an immigration judge to take away your granted "parole" status. As they need to apply due process of law.

The million dollar question. Is a cruising permit an immigration benefit? Nope. When a Canadian goes to Florida by car or plane. Do you clear customs in Florida? Not usually all commercial airports in British Columbia have U.S Customs clearance, entry and exit points via immigration officers. Granted if you fly they'll stamp B-2 into your passport--but it does not have an end because you can't overstay it. Since you have lawful presence--your legal to "reside" as a tourist in the United States. Your paroled as a non immigrant (residentcy is separate). This means you can renew a cruising permit like any legal resident including Americans. Your not applying for an immigration benefit--you already have it by mere presence being law full to reside as a non immigrant.

If you have an state registered boat that is not also foreign flagged. You don't need a cruising permit. Nor hide behind a US corporation that has some secret shield for the owner.

Red tape for all the above still exist especially when your dealing with non-immigration empowered U.S Customs Agents! Or other state government or people that are not familiar with the laws, American employers, etcetera. An air or land port don't deal with sea related issues, so will likely not be familiar with the "local" rules or what the port director has authorized! Besides the heads of government agencies--middle management can also create rules for their port of entry including authorizing exemptions.

So the statement by Marmont:

It is a customs regulation, and like other customs regulations it varies with locality and wind direction.

The head of a port can create "local" rules on how to apply customs regulations!