If you’re a Canadian who enjoys extended stays in the United States, important changes are coming that could affect your travel plans. Beginning April 11, 2025, Canadians staying in the US for more than 30 days will need to register with the US government or potentially face serious penalties, including civil penalties and criminal and civil enforcement.
Introduction to US Immigration Law
The United States immigration law is a complex and multifaceted system that governs the entry and stay of foreign nationals in the country. Enforced by the Department of Homeland Security (DHS) and the United States Citizenship and Immigration Services (USCIS), this legal framework ensures that foreign nationals comply with their immigration status. A key aspect of this system is the alien registration requirement, which mandates that certain foreign nationals register with the government and provide biometric data. This requirement is crucial for maintaining national security and ensuring compliance with immigration laws. The Immigration and Nationality Act (INA) serves as the primary legislation governing US immigration law, outlining the registration requirements and other critical aspects of the immigration process.
What Exactly Is Changing?
Under President Trump’s executive order “Protecting The American People Against Invasion,” Canadians who remain in the US longer than 30 days must now formally register with US authorities. This represents a significant shift from the visa-exempt status many Canadians have long enjoyed when crossing the border.
Specifically, you’ll need to complete a new US Citizenship and Immigration Services (USCIS) form if you:
- Haven’t previously registered as a foreign national
- Haven’t been fingerprinted under existing requirements
- Plan to stay in the US for 30+ days
The US Citizenship and Immigration Services first published details of these new requirements on its website in late February, with the Federal Register being updated with the new guidance recently.
Registration Requirements for Foreign Nationals
Foreign nationals who enter the United States and stay for 30 days or longer are required to register with the government. This registration requirement applies to most foreign nationals, including those on nonimmigrant visas, such as tourist or work visas. The process involves submitting Form G-325R, which collects biographic information, and providing biometric data, such as fingerprints. Compliance with this registration requirement is essential, as failure to do so can result in severe civil and criminal penalties, including fines and imprisonment. However, lawful permanent residents and certain other categories of foreign nationals are exempt from this requirement.
Alien Registration
The alien registration requirement is a longstanding component of US immigration law, originating from the Alien Registration Act of 1940. While the requirement has evolved over the years, its primary purpose remains to ensure that foreign nationals comply with their immigration status and to bolster national security. The current registration process involves creating a USCIS online account, submitting the necessary form, and providing biometric data. Upon completion, foreign nationals receive evidence of registration, which they must carry at all times. This requirement is a vital tool for immigration officials to monitor and manage the presence of foreign nationals in the United States.
Who Will Feel the Impact?
These changes will particularly affect:
Snowbirds
According to the Canadian Snowbird Association, over 1 million Canadians travel to the United States each year for extended winter stays. Many typically remain for months, well beyond the new 30-day registration threshold. It is crucial for these non-U.S. citizens to carry valid proof of registration to avoid severe penalties, including significant fines and imprisonment.
Property Owners and Lawful Permanent Residents
Many Canadian snowbirds own property in the US, making regular extended visits to their second homes. These property owners will now need to ensure proper registration.
However, it is important to note that registration under the alien registration requirement does not establish employment authorization or any other legal benefits under U.S. laws.
Extended Visitors
Visiting family for several weeks? On a longer business trip? Taking an extended vacation? If your stay crosses that 30-day mark, these new rules apply to you. Additionally, previously unregistered aliens must comply with the new registration guidelines.
Dual Citizens and Preclearance
Dual citizens, or individuals holding citizenship in both the United States and another country, are subject to specific rules and requirements. While dual citizens are not required to register with the government, they must still comply with their immigration status and carry proof of citizenship. Preclearance is a process that allows certain foreign nationals to clear US customs and immigration before arriving in the United States. For instance, Canadian citizens can use preclearance at select Canadian airports to expedite their entry into the US. Under the Western Hemisphere Travel Initiative (WHTI), travelers to the United States must present a valid passport, visa, or other accepted document. Dual citizens and foreign nationals using preclearance must still adhere to registration requirements and other aspects of US immigration law.
What Happens If You Don’t Meet Registration Requirements?
According to the Federal Register, the penalties for non-compliance are substantial:
- Fines reaching $5,000
- Potential jail time up to six months
- Or both penalties combined
Failing to register is a criminal enforcement priority and can lead to misdemeanor prosecution.
For Canadians accustomed to hassle-free border crossings, these consequences represent a dramatic shift in policy.
Current Clarification Efforts by the Department of Homeland Security
There’s ongoing discussion about how these requirements will be implemented. The Canadian Snowbird Association has sent a letter to US Homeland Security Secretary Kristi Noem seeking clarity on several key points:
- Whether Canadians who previously registered as foreign nationals need to register again
- How the requirements apply to those who entered at land border crossings without receiving evidence of registration
- Whether the order is intended for certain categories of visitors rather than all tourists
Additionally, legal guardians must ensure that minors comply with the registration requirements.
Michael MacKenzie, Executive Director of the Canadian Snowbird Association, has stated: “It is our position that this executive order relates to unlawfully present individuals currently in the United States and should not apply to Canadian tourists visiting the U.S. for vacation purposes.”
Practical Steps for Canadian Travelers
If You’re Currently in the US:
- Check your status: Determine whether you’ve previously registered as a foreign national.
- Prepare to register: Visit the USCIS website to complete the required form before reaching the 30-day mark.
- Keep documentation with you: Once registered, remember that foreign nationals over 18 are required to carry their registration with them at all times. It is crucial to carry valid proof of registration to avoid severe penalties, including significant fines and imprisonment.
If You’re Planning Future Travel:
- Factor registration into your plans: If you’ll be staying beyond 30 days, prepare for the registration process.
- Stay updated: Check both the USCIS and Global Affairs Canada websites for the latest guidance.
- Consider consulting an expert: For complex situations, immigration specialists can provide personalized advice.
The Context of US-Canada Relations
These changes come during a period of shifting relations between the US and Canada:
- The US recently imposed tariffs on Canadian aluminum and steel
- Canada has announced plans for retaliatory tariffs
- There have been increased discussions about border security
Immigration attorney Rosanna Berardi from Buffalo, New York has expressed concerns particularly for elderly Canadian visitors: “My concern is for the snowbirds who are in the US and are in their 70s and 80s. Will they be aware of the new requirements, and do they have a computer to register?”
Additionally, under the visa waiver program, citizens from participating countries must obtain travel authorization through the Electronic System for Travel Authorization (ESTA) for short stays in the U.S.
Official Responses
Global Affairs Canada has acknowledged the new requirements with the following statement: “Each country decides who enters its borders. The decision to travel is the sole responsibility of the traveler.”
The Canadian government continues to update its travel advisories, but the onus remains on travelers to understand and comply with destination country requirements.
Immigration Status and Background
These new requirements build upon The Immigration and Nationality Act, which already requires all “aliens” who travel to the US who are 14 years of age or older to register with the federal government if they are staying in the United States for 30 days or longer. The INA also requires noncitizens who stay in the US longer than 30 days to be fingerprinted, which was part of the Alien Registration Act of 1960.
Additionally, the alien registration requirements mandate that individuals comply with registration and fingerprinting processes, including completing forms such as Form G-325R, to avoid potential penalties for noncompliance.
The key change is that Canadians visiting the country will now be required to complete a specific registration form on the USCIS website that registers them and allows them to remain in the country for an extended time, if they have not previously registered as foreign nationals.
How These Changes Might Affect Your Plans
For the typical Canadian traveler, these new rules mean:
- More paperwork for longer US stays
- The need to track your days in the US more carefully
- Potentially reconsidering the length of future visits
- Ensuring all family members are properly registered
Additionally, it is crucial to carry a valid Canadian passport to avoid any travel disruptions.
Moving Forward
As implementation approaches, we expect additional clarification from both US and Canadian authorities. The situation remains fluid, and requirements may evolve.
For peace of mind, consider consulting with specialists familiar with both US and Canadian immigration policies. Planning ahead will help ensure your US travel remains smooth and trouble-free.
Additionally, the interim final rule issued by the U.S. Citizenship and Immigration Services amends existing regulations regarding the alien registration process. This IFR outlines specific requirements for non-U.S. citizens over the age of 14 to register and be fingerprinted if they remain in the U.S. for extended periods, emphasizing the legal implications and penalties for non-compliance.
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