How to Immigrate to the USA From Canada: Visas and Petitions

To immigrate to the USA from Canada, you need a U.S. citizen or permanent resident relative to sponsor you, a U.S. employer willing to petition for you (or credentials strong enough to self-petition), or, in rare cases, a Diversity Visa lottery win. Whichever route you take, your case eventually funnels into one of two places: an immigrant visa interview at the U.S. Consulate General in Montreal, or an adjustment-of-status application filed from inside the United States if you are already there on a valid nonimmigrant visa. Timelines range from roughly a year for the spouse or parent of a U.S. citizen to well over a decade for more distant family categories.

Family Sponsorship

Family sponsorship is the most common way Canadians move to the United States. A U.S. citizen or lawful permanent resident files Form I-130 on behalf of a qualifying relative, and your wait depends entirely on how close the family tie is.¹

Immediate relatives of U.S. citizens move fastest. That category covers spouses, unmarried children under 21, and parents (as long as the sponsoring citizen is at least 21). Visas for immediate relatives are always available and are not subject to annual numerical caps.²

Everyone else falls into the family preference system, which is capped and slow:

F1: Unmarried adult children (21 or older) of U.S. citizens.
F2A and F2B: Spouses and minor children (F2A) or unmarried adult children (F2B) of lawful permanent residents.
F3: Married children of U.S. citizens.
F4: Siblings of adult U.S. citizens.

F1 cases currently take roughly eight to ten years from petition to visa availability. F4 sibling cases can stretch to 15–22 years depending on the applicant’s country of birth.³

Every family petition also requires the U.S. sponsor to file an Affidavit of Support (Form I-864) proving household income at or above 125 percent of the federal poverty guidelines, attaching recent federal tax returns, W-2s, and evidence of current income. The obligation is legally binding: if the immigrant later receives certain government benefits, the sponsoring agency can seek repayment from the sponsor.⁴

Employment-Based Petitions

If a job is your route, the United States offers five employment-based preference categories with different qualification thresholds and different levels of employer involvement.

EB-1: Individuals with extraordinary ability, outstanding professors or researchers, and certain multinational executives or managers. Many EB-1 applicants can self-petition without a job offer.⁵
EB-2: Professionals with advanced degrees or individuals with exceptional ability. Most cases require both a job offer and a labor certification, though a National Interest Waiver lets some applicants skip both.
EB-3: Skilled workers (at least two years of training or experience), professionals with bachelor’s degrees, and other workers in unskilled positions. All EB-3 cases require employer sponsorship and labor certification.
EB-4: Special immigrants, including certain religious workers and international broadcasters.
EB-5: Investors putting at least $1,050,000 into a new commercial enterprise, or $800,000 in a targeted employment area, creating at least 10 full-time U.S. jobs.⁶

Most EB-2 and all EB-3 petitions require the employer to first obtain a permanent labor certification (PERM) from the Department of Labor, proving that no qualified U.S. worker is available for the role. That means a prevailing wage determination, a round of recruitment advertising following specific rules on placement and duration, and documentation of every applicant considered. PERM adds months to the timeline before the employer can even file the I-140 immigrant petition with USCIS, and a random or targeted audit adds more.⁷ Once approved, the labor certification is valid for 180 days, so the employer must file the I-140 promptly.

The Diversity Visa Lottery Is Closed to Canadians

The Diversity Visa program allocates up to 55,000 immigrant visas each year to applicants from countries with historically low U.S. immigration rates. Canada is not on that list. For the fiscal year 2026 lottery, Canadian-born applicants were excluded along with citizens of Mexico, India, the Philippines, and other high-immigration countries. Eligibility can shift year to year, but Canada has been excluded for a long time.

There is one narrow opening. If you were born in a country that is eligible for the lottery but hold Canadian citizenship, you can apply based on your country of birth. In some cases you can also claim eligibility through a spouse’s country of birth.

The TN Visa: A Bridge, Not a Green Card

The TN visa under the USMCA is not an immigration pathway, but many Canadians use it to live and work in the U.S. legally while an employer-sponsored immigrant petition works its way through the system. Canadian citizens in qualifying professions — engineers, accountants, scientists, pharmacists, and dozens more, most requiring at least a bachelor’s degree — can apply for TN status directly at a U.S. port of entry without an advance visa stamp.⁸

TN status is temporary and renewable, and it does not by itself lead to a green card. Self-employment is not permitted, and only Canadian citizens qualify — not permanent residents of Canada.

Priority Dates and the Visa Bulletin

If you are not an immediate relative of a U.S. citizen, your place in line is set by a priority date. For family cases, that date is the day USCIS received the I-130. For employment cases, it is usually the date the PERM application was accepted by the Department of Labor, or the I-140 filing date if no labor certification was required.⁹

The Department of State publishes a monthly Visa Bulletin with two charts. Final Action Dates show when visas will actually be issued. Dates for Filing show when you can submit your paperwork. Find your preference category and country of birth on the chart; if your priority date is earlier than the date shown, you can move forward. A “C” for current means anyone in that category can proceed regardless of when they filed. Canadian-born applicants generally face shorter backlogs than applicants born in India or China, where demand far exceeds supply in most employment-based categories.

Documents You Will Need

Document collection is where cases quietly stall. Gathering everything before you file avoids the back-and-forth that adds months. At minimum:

A Canadian passport valid through your expected travel date.
A long-form birth certificate from the provincial vital statistics office, showing your parents’ names.
A marriage certificate for spousal petitions. If either spouse was previously married, divorce decrees or a death certificate for the former spouse.
Degrees, diplomas, and transcripts for employment-based cases.
Detailed letters from current and past employers confirming job titles, duties, and dates.
Tax returns, W-2s, pay stubs, and bank statements — the U.S. sponsor’s records matter most for the Affidavit of Support.¹⁰

Police Certificates

Every applicant aged 16 or older needs a police certificate from each country where they have lived for at least six months since turning 16. For Canadians, that means a fingerprint-based certified criminal record check from the RCMP. You submit fingerprints through an RCMP-accredited agency, and the results go directly to the processing authority. If you have lived in other countries, you will need equivalent clearances from each one.¹¹

The Medical Exam

You must be examined by a physician approved by the U.S. government (a “panel physician”). The exam covers a physical assessment, blood tests, a chest X-ray for tuberculosis, and a vaccination review. Required vaccinations include MMR, tetanus and diphtheria boosters, hepatitis B, varicella, and polio for applicable age groups. The COVID-19 vaccine is no longer required as of January 2025. Fees vary from about $250 to $650, not counting any vaccinations you need to catch up on. Results (Form I-693) are generally valid for two years from the physician’s signature date.

If you are doing consular processing, complete the exam before your Montreal interview. If you are adjusting status inside the U.S., the results are filed with your I-485.

Filing the Petition and the National Visa Center

The formal process begins when the U.S. sponsor or employer files a petition with USCIS — Form I-130 for family cases, Form I-140 for employment cases. USCIS updated its fee schedule in March 2026, so check the current fee calculator on uscis.gov before filing.

Once USCIS approves the petition and a visa number is available (immediately for immediate relatives, after the priority date becomes current for preference categories), the case transfers to the National Visa Center. The NVC is where most of the paperwork converges. You will:

Complete the online immigrant visa application (Form DS-260) for yourself and any family members immigrating with you.¹²
Pay the immigrant visa application processing fee ($325 for family-based cases, $345 for employment-based cases) and the $120 Affidavit of Support review fee.¹³
Submit all civil documents, the Affidavit of Support, and financial evidence.

Once the NVC confirms everything is complete, it schedules your consular interview.

The Consular Interview in Montreal

The U.S. Consulate General in Montreal is the only post in Canada that processes immigrant visas. Every applicant must appear in person, regardless of where in Canada you live.¹⁴

A consular officer reviews your file, asks questions about your relationship (in family cases) or job qualifications (in employment cases), and verifies that documents are authentic. The officer may approve your visa on the spot, request additional documents, or place the case in administrative processing for further review. Bring originals of every document you submitted electronically, along with the sealed medical exam results.

If approved, the consulate places an immigrant visa foil in your passport, usually valid for up to six months from the date of issuance (shorter if your medical exam expires sooner).¹⁵ You must enter the United States before it expires.

Adjusting Status From Inside the U.S.

If you are already living in the U.S. on a valid nonimmigrant visa such as TN, H-1B, or L-1, you may be able to skip consular processing and apply for your green card without leaving the country. This process, called adjustment of status, uses Form I-485. You must be physically present in the U.S. to file, and in most cases an approved immigrant petition and an immediately available visa number are prerequisites.¹⁶

Some categories allow “concurrent filing,” meaning you can submit the I-485 at the same time as the underlying I-130 or I-140, as long as a visa number would be immediately available on approval. This is common for immediate relatives of U.S. citizens and for employment categories showing “current” for your country.¹⁷

One practical advantage: with the I-485 you can simultaneously file for a work permit (Form I-765) and advance parole travel document (Form I-131), which let you work and travel while the green card application is pending. The I-485 filing fee was updated in March 2026, so verify the current amount on the USCIS fee calculator before submitting.

What Can Block Your Application

Even with an approved petition and clean paperwork, certain issues can make you inadmissible. They surface at the medical exam, during background checks, or at the interview.

Criminal History

Convictions involving controlled substances, crimes of moral turpitude (fraud, theft, assault), or multiple offenses with combined sentences of five years or more can trigger inadmissibility. Canadian cannabis laws create a particular trap: marijuana remains a federally controlled substance in the United States, so a Canadian cannabis conviction, or even an admission of past use to an immigration officer, can be grounds for denial. DUI convictions do not automatically bar admission, but multiple DUIs or a DUI combined with other offenses can prompt closer scrutiny and referral for evaluation of whether the applicant has a substance abuse disorder.

Public Charge

The government assesses whether you are likely to become primarily dependent on public benefits, weighing age, health, education, skills, family situation, and financial resources. A strong Affidavit of Support and evidence of personal assets or job skills help. The rules in this area are evolving.

Waivers

Some grounds of inadmissibility can be waived by filing Form I-601. Waiver eligibility depends on the specific ground and usually requires showing that denial would cause extreme hardship to a qualifying U.S. citizen or LPR relative. Not every ground is waivable — drug trafficking convictions, for example, generally are not — and the standard for extreme hardship is demanding.¹⁸

Arriving as a Permanent Resident

Before traveling, pay the $235 USCIS Immigrant Fee online. This covers production of your permanent resident card. USCIS encourages you to pay after picking up your visa and before departing for the U.S., though you can pay after arrival too.¹⁹

At a U.S. port of entry, a Customs and Border Protection officer inspects your immigrant visa packet and conducts a final admissibility check. Once admitted, you are a lawful permanent resident. Your physical green card (Form I-551) is mailed to your U.S. address, typically within a few weeks.

Social Security Number

When you fill out the DS-260, check the box requesting a Social Security Number. State Department and DHS share your information with the Social Security Administration automatically, and your SSN card is mailed to your U.S. address within about three weeks of arrival. No separate application, no visit to a Social Security office.²⁰

Moving Household Goods

Household goods you have owned and used for at least one year can generally be imported duty-free. File CBP Form 3299 (Declaration for Free Entry of Unaccompanied Articles) when your belongings arrive at the border. Items owned for less than a year do not qualify and must be declared separately.²¹

Conditional Residency If You Married Recently

If your green card is based on marriage to a U.S. citizen or LPR and the marriage was less than two years old when you were admitted, you receive conditional permanent residency. Your card is valid for two years instead of ten, and you must take an additional step to keep your status.

During the 90-day window immediately before your conditional status expires, you and your spouse must jointly file Form I-751 (Petition to Remove Conditions on Residence). Miss it and you automatically lose your permanent resident status and become removable. There is no grace period. If a late filing was genuinely beyond your control, you can request an exception with a written explanation, but that is a difficult argument to win.²²

If the marriage has ended in divorce or your spouse refuses to cooperate, you can file I-751 alone with a request to waive the joint filing requirement. You can also file individually if you or your children were subjected to domestic violence. Solo filings can be submitted any time after you receive conditional status and before removal proceedings conclude.

Tax Consequences of Leaving Canada

Moving from Canada to the United States triggers tax obligations on both sides of the border that catch many new immigrants off guard.

Canada’s Departure Tax

When you stop being a Canadian tax resident, Canada treats you as though you sold most of your assets at fair market value on your departure date. This “deemed disposition” can create a capital gains tax bill even though nothing has actually been sold. It applies to investment portfolios, rental properties outside Canada, and business interests, among other assets. Canadian real estate, registered accounts like RRSPs and TFSAs, and certain business property used through a Canadian establishment are excluded.²³

If you have held appreciated stocks or other investments for many years, the tax hit can be substantial. Speak with a cross-border tax professional before you leave; the planning window closes on your departure date.

Reporting Canadian Accounts to the IRS

Once you become a U.S. permanent resident, you are a U.S. tax resident and must report your worldwide income to the IRS. If you keep Canadian bank accounts, investment accounts, or RRSPs with a combined value exceeding $10,000 at any point during the year, you must file a Report of Foreign Bank and Financial Accounts (FBAR) with FinCEN. Penalties for failing to file can reach tens of thousands of dollars per violation.²⁴

A totalization agreement between the two countries prevents you from paying Social Security taxes to both systems on the same earnings and lets you combine work credits from both countries toward retirement benefits.²⁵

From Green Card to Citizenship

Most green card holders can apply for naturalization after five continuous years of permanent residence. If your green card is based on marriage to a U.S. citizen and you are still married and living together, the waiting period drops to three years.²⁶

Naturalization requires passing an English language test and a civics exam, demonstrating continuous physical presence in the U.S. (generally at least half of the qualifying residency period), maintaining good moral character, and taking the Oath of Allegiance. Canada permits dual citizenship, so becoming a U.S. citizen does not require you to give up your Canadian passport.

1
U.S. Citizenship and Immigration Services. I-130, Petition for Alien Relative
2
U.S. Citizenship and Immigration Services. Green Card for Immediate Relatives of U.S. Citizen
3
U.S. Department of State. Family Immigration
4
U.S. Citizenship and Immigration Services. Affidavit of Support Under Section 213A of the INA
5
USCIS. Employment-Based Immigration: First Preference EB-1
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U.S. Citizenship and Immigration Services. About the EB-5 Visa Classification
7
U.S. Department of Labor. Permanent Labor Certification (PERM)
8
U.S. Department of State. Visas for Canadian and Mexican USMCA Professional Workers
9
U.S. Citizenship and Immigration Services. When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas
10
U.S. Citizenship and Immigration Services. Instructions for Form I-864, Affidavit of Support Under Section 213A of the INA
11
Royal Canadian Mounted Police. Criminal Record Checks
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U.S. Department of State. Step 6: Complete Online Visa Application (DS-260)
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U.S. Department of State. Fees for Visa Services
14
U.S. Embassy & Consulates in Canada. Immigrant Visa Process
15
U.S. Department of State. After the Interview
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U.S. Citizenship and Immigration Services. Adjustment of Status
17
U.S. Citizenship and Immigration Services. Form I-485 Instructions for Application to Register Permanent Residence or Adjust Status
18
U.S. Citizenship and Immigration Services. Application for Waiver of Grounds of Inadmissibility
19
U.S. Citizenship and Immigration Services. USCIS Immigrant Fee
20
Social Security Administration. Social Security Numbers for U.S. Permanent Residents
21
U.S. Customs and Border Protection. CBP Form 3299 – Declaration for Free Entry of Unaccompanied Articles
22
U.S. Citizenship and Immigration Services. Form I-751, Instructions for Petition to Remove Conditions on Residence
23
Canada.ca. Dispositions of Property for Emigrants of Canada
24
FinCEN. Report Foreign Bank and Financial Accounts
25
Social Security Administration. Agreement Between The United States And Canada
26
USAGov. Become a U.S. Citizen Through Naturalization