Business Connections A Business Law Update 4.19.2005 Don’t Go to Canada With Just a Driver’s License Diane Butler Recent news accounts are forecasting that by 2008 U.S. citizens will need passports for Western Hemisphere travel, including U.S.-Canada travel. Those same accounts suggest that for the time being you can travel between Canada and the U.S. by presenting only a driver's license. Advice about being able to travel internally on nothing more than a driver’s license is inaccurate, and following this inaccurate advice can result in significant delays and inconvenience. Currently, U.S. citizens are exempt from passport requirements imposed on citizens of other countries for U.S.-Canada travel, but the immigration officers, both for Canada and the U.S., must be satisfied that the person is a U.S. citizen. An immigration officer might accept a person's word that he or she is a U.S. citizen, and might not even bother to look at the passport a traveler presents; but officially, travelers are required to present some evidence of U.S. citizenship and evidence of identity in the form of government-issued identification with a photograph. A driver's license is not proof of U.S. citizenship, whereas the following is evidence of citizenship: • U.S. passport (including an expired passport) • Certificate of birth in the United States, along with a government-issued identity document, such as a driver's license (young children are exempt from the photo i.d. requirement) • Certificate of naturalization to U.S. citizenship U.S.-Canada travelers also can apply for frequent traveler programs (such as NEXUS, which is available for travel across the Canadian border) to avoid having to present a passport every trip. See http://cbp.gov/xp/cgov/travel/frequent_traveler/. Here are other helpful links: • For passports http://www.travel.state.gov/passport/passport_1738.html 1 • “Know Before You Go” information on customs and immigration http://cbp.gov/xp/cgov/travel/vacation/kbyg/ Diane Butler is a Partner at Lane Powell and heads Lane Powell's immigration practice. Diane has assisted clients in the following immigration areas: non-immigrant visas; extensions and change or adjustment of status; employment-based immigrant ("Green Card") visas; I-9 issues and employer sanctions; Department of Labor litigation; political asylum claims; consular processing; and Special Registration, and also has represented clients in Congress on immigration issues. She can be reached at butlerd@lanepowell.com or 206-223-7715. For more information on these or other business issues, please contact our Business Lawyers at Lane Powell PC: (206) 223-7000 Seattle (503) 778-2100 Portland businesslaw@lanepowell.com www.lanepowell.com We provide Connections as a service to our clients, colleagues and friends. It is intended to be a source of general information, not an opinion or legal advice on any specific situation, and does not create an attorney-client relationship with our readers. If you would like more information regarding whether we may assist you in any particular matter, please contact one of our lawyers, using care not to provide us any confidential information until we have notified you in writing that there are no conflicts of interest and that we have agreed to represent you on the specific matter that is the subject of your inquiry. © 2005 Lane Powell PC Seattle - Portland - Anchorage - Olympia - London 2