Emigrating from Canada to US: Practical Guide

Dreaming of immigrating to the US from Canada to start a new life? Many Canadians like you have realized such dreams and now live as permanent residents in the US. But the question many continue to ask today is, “How do I immigrate to the US from Canada?”

This guide will answer this question by discussing all the Canada to US immigration pathways (such as family, employment, investor, and study visas) as well as the steps for filing. It’ll also cover evidence required for each visa type, application processing time, visa interviews, and more.

Read on to discover all you need to successfully immigrate to USA from Canada, or contact TN Visa Expert for a quick packet review.

Start With Your Goal And Intent

The first place to start when thinking of how to immigrate to the US from Canada is to define your goals. That is, you should be clear about wanting permanent residency (green card).

Temporary residence allows you to live in the US for a limited time only. You must return to Canada at the end of the time period.

On the other hand, permanent residency allows you to live and work in the US indefinitely, even allowing you to apply for US citizenship after a specific number of years.

To gain permanent residence, an immigrant petition must be filed with the US Customs and Immigration Service (USCIS). This is done by a family member in the US, a US employer, and, in some cases, you. If that petition is approved, you’ll need to complete the green card process through:

• Adjustment of Status (if you’re already in the US)
• Consular Processing (if you’re applying from Canada)

Note that visitor entry into the US does not equate to immigration. Starting a green card process while on a visitor status can raise intent issues and lead to denials 

Main Immigration Routes For Canadians

The main immigration pathways for Canadians that lead to a green card are:

• Family sponsorship
• Employment sponsorship 
• Work first, then immigrate
• Investor options
• Study for permanent residence 
• Limited special programs 

Each of these pathways is discussed in detail below.

Family-Based Residence

Family-based sponsorship allows US citizens and permanent residents to sponsor certain Canadian relatives for permanent residency in the US.

There are unlimited visas for immediate relatives (like spouses, unmarried children under 21, and parents), and these are processed much quickly. However, there are limited visas each fiscal year for other relatives (like adult or married children and siblings), and processing usually takes much longer.   

The sponsoring individual will need to file Form I-130 (Petition for Alien Relative) to establish the relationship with the Canadian beneficiary, and will need evidence like marriage certificates, birth certificates, and financial support forms. Additionally, the beneficiary will need to attend a visa interview at a US consulate in Canada (for individuals in Canada) or at a USCIS office (for those already in the US). 

Marriage To A U.S. Citizen

Canadians married to a US citizen or permanent resident can apply for permanent residence as immediate relatives. However, if the marriage is less than 2 years when the application is approved, the Canadian receives conditional residence, which is valid for just two years. This is to prevent marriage visa scams, where persons marry just to secure a green card.

To convert to full permanent residence, the couple needs to file Form I-751 (Petition to Remove Conditions) and show that the marriage remains genuine. Evidence examples that prove a real marriage relationship include marriage certificates, joint leases or mortgages, shared bank accounts, and correspondence. 

Sponsoring Children Or Parents

Canadian children or parents of US citizens and permanent residents can be sponsored for permanent residence in the US. US citizens can sponsor minor children (unmarried children under 21), adult children (married or 21+ years old), and parents, while permanent residents can sponsor only minor children.

Note that adult children fall under the family preference category, which has longer wait times. They must wait for their visa number to appear in the Visa Bulletin before they can proceed with their green card application.

Fiancé Path And Partner Options

A Canadian engaged to a US citizen can use the K-1 fiancé visa to enter the US for marriage, which must happen within 90 days of entering the US. 

This route makes sense if the couple plans to marry in the US and adjust status instead of marrying abroad and applying for a spousal visa. However, the process can take months, and while pending, the Canadian fiancé(e) can’t freely travel to the U.S. as a visitor. Border officers may deny them entry, reasoning that the person intends to stay permanently before the K-1 visa is approved. 

Employment-Based Residence

Another popular way Canadians get permanent residency in the US is through employer sponsorship. Common employment-based (EB) categories for Canadians are EB-1C for multinational managers and executives, EB-2 NIW (National Interest Waiver) for professionals with significant impact, and PERM-based EB-2 and EB-3 for employer-sponsored roles.

Generally, the employer files the petition, and upon approval, the individual files an Adjustment of Status or an immigrant visa application (depending on whether they are already in the US or still in Canada). 

EB 1C For Managers And Executives

The EB-1C category allows Canadians who work as managers or executives in a multinational company in Canada to be transferred to the US office of the company. The US office is usually the sponsoring employer, and must be a parent, branch, affiliate, or subsidiary of the Canadian company. 

The Canadian must have been employed by the company for at least one continuous year in the last three years. And they must provide evidence that their work in the US will be in a managerial or executive position.

EB 2 NIW For High Impact Work

The EB-2 National Interest Waiver allows Canadians with advanced degrees or exceptional ability to apply for a green card without needing employer sponsorship. The individual will need to show that:

• Their work is of national importance
• They are well-positioned to advance it
• It would benefit the US to waive the normal job offer and labor certification requirements

Canadians who can use the EB-2 NIW pathway include healthcare professionals improving rural access to telemedicine and researchers leading projects that advance critical fields like artificial intelligence.

PERM-Based EB 2 And EB 3

With PERM (Program Electronic Review Management) EB 2 and EB 3 pathways, a US employer sponsors the Canadian for a green card.

The employer must prove that no qualified US worker is available for the role and obtain a Prevailing Wage determination from the US Department of Labor. After this, they must file the Form I-140 (immigrant Petition for Alien Worker). If this is approved, the applicant can complete the green card process through Adjustment of Status or Consular processing. The whole process takes 8 – 12 months.

Work First, Then Immigrate

Many Canadians begin their journey to permanent residency in the US with a temporary work visa. They move to the US on a temporary work visa and transition to an employment-based permanent residency path when they find an employer to sponsor them for a green card. Common routes include:

• TN to EB 2 or EB 3: The Canadian moves to the US with a TN visa and later finds an employer to sponsor their EB 2 or EB 3 green card application. However, they’ll need to return to Canada and process the green card application via the consulate in Canada.
• H1B to EB 2 or EB 3: The Canadian moves to the US with the H1B visa and later applies for a green card. Since the H1B visa is dual intent, they can apply through an Adjustment of Status while in the US.
• L1A to EB 1C: Canadians who are managers or executives of multinationals can move to the US temporarily on an L-1A visa and later apply for EB 1C for permanent residency.
• O1 to EB 1A or NIW: Canadians with extraordinary ability or achievement can move to the US with the O1 visa, and later self-petition for a green card under EB 1A or EB 2 NIW.   

For Canadians using the TN to EB 2/ EB 3 route, remember that the TN visa is a non-immigrant visa, which means that beneficiaries should not intend to stay permanently in the US. For this reason, starting a green card application while in the US on a TN visa will lead to denial. 

Contact TN Visa Expert for assistance in preparing a complete, accurate, and compliant application packet to kickstart your TN to EB2/ EB3 Canada to US immigration. 

Investor Options

Canadians can also immigrate to the US via two investment options: EB-5 and E-2. However, these options require having a credible business plan, clear proof of a lawful source of funds, and ongoing compliance with U.S. investment and employment regulations. 

EB 5 Essentials

The EB-5 visa grants permanent residence to individuals investing a substantial amount in a new US business that creates at least 10 full-time jobs for US workers. 

The Canadian makes the investment and files an I-526 (Immigrant Petition by an Alien Investor) with the USCIS. If approved, they’ll receive conditional residence for two years. After the years, they must prove that the visa conditions are still being met and file Form I-829 to remove the conditions and obtain full permanent residency.

E 2 For Canadian Investors

The E-2 visa allows Canadians to enter the US to develop and direct a business. Qualifying Canadians must make a substantial at-risk investment in an active US business. This means the funds must be big enough to make the business viable and be genuinely invested, with the chance of loss or profit depending on the business’s success.

However, unlike EB-5, the E-2 does not lead to permanent residency itself. But you can renew it indefinitely to stay long-term.

Study for Permanent Residence

Many Canadians’ journey to US permanent residency starts with studying in the US. A typical study-to-green card route is as follows:

• Obtain an F-1 student visa  
• Apply for OPT (optional practical training) to work in a job directly related to your field of study once you complete your degree.
• Armed with Canadian work experience, apply for a work visa (like an H1 B)
• Transition to an employment-based green card category or self-petition

You should start planning for your post-OPT status about 6 – 12 months before the OPT expires. This helps you avoid status gaps, so you always have a pending or approved change of status to lawfully stay in the US. 

Evidence And Burden Of Proof

Whatever the pathway chosen for immigrating to USA from Canada, applicants must prove eligibility. Persuasive evidence for proving eligibility includes:

• Civil documents like birth and marriage certificates. They confirm identity and family relationships.
• Relationship proof like photos, shared financial accounts, leases, or correspondence. They help in family-based cases.
• Corporate letters from employers. They help verify the US employment.
• Educational degrees, diplomas, or professional licenses. They prove qualification in employment-based petitions.
• Employment records such as pay slips, tax documents, or contracts. They prove work history in employment-based options requiring continuous work (like the EB-1C).
• Investment evidence for investment-based options
• Police clearance certificates. They help prove admissibility.
• Financial documents. They show an ability to meet income requirements.

Choose Adjustment Of Status Or Consular Processing

Immigrating to the US often involves a two-step process. The first is filing an immigrant petition, and the next is applying for the green card itself. After the immigrant petition is approved, applicants can apply for the green card process using either adjustment of status or consular processing. 

Here’s how the two methods compare:

	Adjustment of Status (AoS)	Consular Processing (CP)
When to use	Use AoS when already in the US on another visa	Use CP when still in Canada
Where you apply	At a USCIS office in the US.	You apply at a US consulate in Canada
Biometrics and interview	Occurs at the local USCIS office	Occurs at the US consulate in Canada
Travel implications	You cannot travel outside the US when the application is pending	You can travel freely
Work and travel authorizations	You can apply for temporary work and travel authorization when waiting	No interim work or travel authorization

Consular processing is best for Canadians who start their immigration process using a non-immigrant visa, like a TN visa.

Filing Steps From Petition To Green Card

Most green card processes follow the same steps, as follows: 

• Pick a path. Decide whether you will apply through a family-sponsored, employer-sponsored, or any other qualifying pathway. 
• File the petition. Your sponsor or you (if self-petitioning) file an immigrant petition with the USCIS. 
• Track priority date. When applying in a category with annual caps, you need to track your priority date to know when to move forward with your green card application.
• Prepare civil documents and medical documents. Gather all documents for proving eligibility for your green card category, and complete a medical exam. 
• Decide AOS or consular. Apply for the green card, using adjustment of status (if already in the US) or consular processing (if still in Canada)
• Attend the biometrics and interview. Provide fingerprints and photos for a background check, and attend a visa interview.
• Respond to any requests. Sometimes, the USCIS requests clarifications or extra evidence. Attend to such requests promptly. 
• Receive approval. If your green card application is approved, you’ll receive an approval notice.
• Enter as a resident. If you applied in Canada, you can then enter the US.
• Receive the physical card. Finally, USCIS will mail your physical green card to your US address. 

Money Forms And Timelines

Some of the fees you should expect when immigrating to USA from Canada include:

• Petition filing fee (paid when submitting the immigrant petition)
• Green card application fee
• Biometrics fees
• Medical examination fee
• Cost of document translation
• Mailing costs
• Travel expense (for attending interviews, medicals, and relocation after approval)
• Legal fees (paid when you use an immigration attorney) 

The green card process can range from 9 months to over 2 years, depending on the visa type.

The petition stage takes 4–10 months, depending on category and USCIS workload. After the immigrant petition is approved and you apply for a green card, document review at the National Visa Center (NVC) takes about 2 – 4 months. Lastly, interview scheduling takes another 3 – 8 months.

Cross-Border Finance And Tax Basics

Here are some things you should know about finance and taxes when you finalize immigration to USA from Canada.

• Once you land in the US as a permanent resident, you become a US tax resident and must report all your income to the IRS.
• You can keep your Registered Retirement Savings Plan (RRSP) as the US respects its tax-deferred status. However, the US does not recognize the Tax-Free Savings Account (TFSA) as tax-free, so you may want to close it or limit its use. 

• The PFIC (Passive Foreign Investment Company) rules in the US see Canadian mutual funds and ETFs as foreign investment companies and tax them harshly. Thus, seek cross-border tax advice before keeping or buying more.
• Tax treaties between the US and Canada help prevent double taxation. Also, totalization agreements coordinate Social Security in the US and CPP in Canada, allowing you to avoid paying into both systems simultaneously and combine contributions for future benefits.  
• You won’t have any US credit history when you land in the US, so you should immediately open a US bank account and apply for a credit card to start building your credit history. 
• You should obtain US health coverage upon entry to avoid coverage gaps.
• When moving funds from Canada to the US, do this during favorable exchange rates and use trusted cross-border transfer services.  

Life Setup After Approval

In the first few weeks in the US, here are a few steps to help establish your new life.

• Get your Social Security number (SSN) if one wasn’t issued to you during the visa process
• Apply for a driver’s license or state ID
• Complete your I-9 with your employer to confirm work authorization for payroll
• Enroll your wards in school
• Open US bank accounts
• Set up health insurance coverage
• Make digital and paper copies of key immigration documents (like your passport entry stamp (I-551) and green card) and keep them safe 

Common Mistakes To Avoid

To prevent delays or denials, these are common mistakes to avoid when pursuing US immigration from Canada. 

• Submitting weak or minimal relationship evidence. An example is submitting only a marriage certificate to prove a spousal relationship in a family-sponsored application.
  Quick fix: Include multiple evidence, such as joint financial records, communication history, and affidavits from friends or family.
• Submitting an inconsistent or incomplete form. An example is not providing all the required information in forms, or having a specific date that doesn’t match on different forms.
  Quick fix: Cross-check forms for completeness and accuracy of every detail before filing, and have a master file from which you can lift key information. 
• Ignoring Visa Bulletin dates. An example is applying for a green card before your priority date is current or applying long after the current date.
  Quick fix: Check the US State Department Visa Bulletin each month to confirm eligibility before applying. 
• Intent conflicts: An example is applying for a green card when in the US on a non-immigrant visa (like the TN visa).
  Quick fix: Ensure you’re on a dual intent visa if you plan to apply while in the US. When on a non-immigrant visa, plan timing carefully to apply from Canada.
• Submitting expired civil documents. An example is submitting an old medical clearance certificate.
  Quick fix: Obtain fresh/recent copies of all documents before your case reaches the National Visa Center. 
• Unplanned travel during processing. An example is leaving the US when an Adjustment of Status application is pending.
  Quick fix: Avoid traveling out of the US until your travel permit or visa is approved.

When Professional Help Saves Time

Some Canada-to-US immigration cases are so complex that attempting to manage them alone can lead to problems. Expert help is invaluable in such cases to prevent delays or denials. These include when:

• Assembling documents to prove corporate relationship or managerial/executive level duties in EB-1C visa
• Assembling documentation that proves high-impact work for EB-2 NIW visa. 
• Proving complicated family histories like late adoptions
• Gathering more evidence for Request for Evidence (RFEs)

Contact TN Visa Expert for personalized guidance that helps you avoid common mistakes Canadians make when immigrating to the US.

Summary And Next Steps

You can realize your US immigration dreams if you take the right steps, which include picking the right route, assembling strong evidence, choosing the correct processing path, preparing for your arrival into the US, and seeking expert guidance. 

Talking of expert guidance, TN Visa Experts has helped many Canadians jumpstart their immigration journeys. Begin your journey today with an eligibility review and packet checklist from TN Visa Expert. 

Frequently Asked Questions about How to Immigrate to USA from Canada