ARTICLE
23 April 2025

U.S. To Implement Immediately Alien Registration Requirements On Canadian Travellers

MA
MLT Aikins LLP

Contributor

MLT Aikins LLP is a full-service law firm of more than 300 lawyers with a deep commitment to Western Canada and an understanding of this market’s unique legal and business landscapes.
With changing tides in the U.S., Canadian travellers now need to consider pre-arrival registration for stays in the U.S. longer than 30 days.
Worldwide Immigration

With changing tides in the U.S., Canadian travellers now need to consider pre-arrival registration for stays in the U.S. longer than 30 days. On April 8, 2025, the U.S. District Court for the District of Columbia heard a motion for injunction on the previously announced Alien Registration Requirements. The motion asked the Court to stop the U.S. Department of Homeland Security (DHS) from enforcing the rule.

On April 10, the Court denied the motion and the previously scheduled requirements will be effective starting April 11, 2025.

This new regulation is part of the U.S. government's ongoing efforts to enhance border security and tracking of foreign nationals, as outlined in President Trump's Executive Order, "Protecting the American People Against Invasion." Canadians will be required to complete an Alien Registration Requirement prior to entering the United States if they intend to remain in the U.S. for 30 days or longer.

Which Canadian travellers are affected?

Those who must register include travellers 14 years of age or older who intend to remain in the U.S. for 30 days or longer, and they must apply for registration and be fingerprinted before the expiration of those 30 days. Parents and legal guardians of children below the age of 14 who will remain in the U.S. for 30 days or longer must ensure that their children are registered before the expiration of those 30 days. Within 30 days of reaching their 14th birthday, an alien child must apply in person for registration and be fingerprinted.

Any Canadian who travels into the U.S. and does not receive a Form I-94 then must register if they intend to stay 30 days or longer.

Those who are not required to register include lawful U.S. permanent residents in possession of a Green Card; Canadians admitted to the U.S. as nonimmigrants (e.g. H-1B, L-1, TN and their dependents) issued Form I-94, even if the period of admission has expired; and Canadians previously issued immigrant or nonimmigrant visas by a U.S. Consulate or Embassy.

What happens if I do not register?

There are steep penalties for Canadians who fail to register with U.S. Customs and Border Patrol. The penalties includes a monetary fine of up to US$1,000 and potential incarcerations for up to six months, or both. This is a criminal offense so it will be deemed a criminal conviction, if you are convicted.

The same penalties applies to parents/guardians that fail to register their children under the age of 14.

How do I register?

As Canadians, travellers do not normally require a visa or U.S. travel document to enter the U.S.; it is expected that registration can occur by submitting form G-325R or at the port of entry by having an I-94 issued. Form G-325R will be made available on myUSCIS accounts or by going on the USCIS website. Updates on registration procedures will follow as more information is released.

Having an I-94 issued will be a faster and easier way to satisfy the requirements but can be complicated for Canadian applicants who are not always guaranteed issuance of an I-94 when travelling by land. Securing a provisional I-94 before travel can save individual travellers time and headaches when travelling, but may lead to longer wait times at the POE.

What do I do once I'm in the U.S.?

For all Canadian citizens already in the United States and you are 18 years or older, you are required to carry proof of registration and fingerprinting at all times.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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