As Canadians increasingly flock to the United States ("U.S.") for extended stays—whether for vacations, work, or retirement—new regulations have been introduced that could significantly impact snowbirds, travelers, and businesspeople alike. Specifically, the U.S. has implemented new alien registration requirements for foreign nationals, including Canadians, who plan to stay in the U.S. for more than 30 days. This move comes as part of the country's newly issued Protecting the American People Against Invasion executive order as part of ongoing efforts to streamline border security and enhance the management of foreign nationals and long-term visitors.
If you are a Canadian planning a visit to the U.S., particularly for an extended stay, here is everything you need to know about the new U.S. registration process.
Why the Change?
Historically, Canadians traveling to the U.S. for fewer than 180 days were not required to undergo the same visa application process as travelers from other countries. They could simply show up at the border, and with a few exceptions, be granted entry for a period of up to six months.
Recent changes to U.S. immigration policy have shifted the status quo, particularly for Canadians who plan to stay for more than 30 days. This shift is part of the U.S. government's broader initiative to improve border security, track visitors more effectively, and ensure that visitors comply with their allowed stay periods.
What Does the New Registration Process Involve?
Canadians and other foreign nationals who are not already registered and who wish to stay in the U.S. for more than 30 days must create a U.S. Citizenship and Immigration Services ("USCIS") online account and complete and submit the electronic Form G-325R. This form must be filed online—it cannot be filed by mail or in person.
Once the above form is filed, USCIS will determine whether a biometric services appointment is required to collect fingerprints. If the registrant requires biometric collection, USCIS will schedule an appointment at a U.S. Application Support Center ("ASCs"). Biometric collection is not required for Canadian visitors and foreign nationals under 14 years of age.
Once registered and all biometrics are provided (if necessary), USCIS will post a notice in the registrant's online account where they can print a PDF version for their records.
There is no filing fee for Form G-325R, nor is there a fee associated with the biometric services.
Who Must Register?
The following people must create an online USCIS account and register using Form G-325R:
- All aliens 14 years of age or older who were not registered and fingerprinted (if required) when applying for a visa to enter the United States and who remain in the United States for 30 days or longer. They must apply before the expiration of those 30 days;
- The parents or legal guardians of aliens less than 14 years of age: Parents or legal guardians must apply for the registration of aliens less than 14 years of age who have not been registered and remain in the United States for 30 days or longer, before the expiration of those 30 days;
- Any alien, whether previously registered or not, who turns 14 years old in the United States, within 30 days after their 14th birthday;
- Aliens present in the United States without inspection and admission or inspection and parole who have not otherwise registered (that is, aliens who crossed the border illegally);
- Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration; and
- Aliens who submitted one or more benefit requests to [the U.S. Citizenship and Immigration Services] not listed in 8 CFR 264.1(a), including applications for deferred action or Temporary Protected Status who were not issued evidence of registration listed in 8 CFR 264.1(b).
Who Does Not Need to Register?
- Lawful permanent residents of the USA;
- Aliens paroled into the United States under INA 212(d)(5), even if the period of parole has expired;
- Aliens admitted to the United States as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired;
- All aliens present in the United States who were issued immigrant or nonimmigrant visas before their last date of arrival;
- Aliens whom [the Department of Homeland Security] has placed into removal proceedings;
- Aliens issued an employment authorization document;
- Aliens who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, and provided fingerprints (unless waived), even if the applications were denied; and
- Aliens issued Border Crossing Cards.
Who Should Be Particularly Cautious?
The new registration rules affect any Canadian who plans to stay in the U.S. for more than 30 days and who is not already registered in the USCIS system. The following key groups should be especially mindful of the new laws:
- Snowbirds: Canadians who head south to warmer climates during the winter months are a primary focus of this new regulation. If you plan to spend more than a month in places like Florida, Arizona, or California, you will need to follow the registration process.
- Retirees: Many Canadians retire in the U.S., often spending several months at a time. If you fall into this category and intend to stay beyond 30 days, registering beforehand is a requirement.
- Business Travelers: Canadians travelling for work, attending conferences, or managing business affairs in the U.S. for more than 30 days must also comply with these new rules.
- Family Visitors: If you are visiting family in the U.S. for an extended period, make sure you are aware of these registration requirements to avoid any disruptions to your stay.
What Happens if You Do Not Register?
Failure to comply with the new registration requirements could result in complications at the border, including denial of entry or being given a shorter stay period than originally planned. For snowbirds, this could mean holidays or vacations that are cut short, and it may even impact your ability to enter the U.S. in the future.
Additionally, an overstay without proper registration or not abiding by the terms of your visa could lead to severe penalties. This includes imprisonment, fines and potentially being barred from reentering the U.S. for a certain amount of time.
Tips for Smooth Registration and Travel
- Plan Ahead: Make sure to complete your registration well in advance of your planned departure date, and at minimum, within 30 days of your arrival to the U.S. Advanced planning can save you time and prevent unnecessary stress at the border.
- Keep Documents Handy: Be sure to have your registration notice, travel itinerary, proof of accommodation, return flight, and any other required documentation on hand when you arrive at the border.
- Consult a Legal Professional: If you are unsure about your specific circumstances—whether due to previous visits, or if you plan to stay for an extended period—consider consulting with an immigration lawyer or travel expert to ensure you meet all the requirements.
Conclusion: A New Era for Canadian Visitors
The new U.S. registration requirements for Canadians staying longer than 30 days mark a significant change in the way cross-border travel is managed. While this might seem like a hassle, the goal is to enhance security and streamline the experience for long-term visitors. By understanding the process and taking the necessary steps to register ahead of time, you can continue to enjoy your time in the U.S. without unexpected surprises or disruptions.
As always, stay informed about the latest immigration policies and be proactive in meeting the requirements to ensure smooth and hassle-free travel!
Bon Voyage!
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.
