Last Updated: March 9, 2025
Recently, Snowbird Advisor has been made aware of a new U.S. executive order that may require Canadians travelling to the United States for 30 days or more to register with the U.S. government upon entry to the United States.
Unfortunately, widespread rumours and misinformation about this requirement have been circulating online and by word of mouth, despite the fact that some key details are still unknown.
To help Canadian snowbirds better understand the possible implications of this new policy, Snowbird Advisor has created the following overview, including links to official U.S. sources and insights from one of the first immigration attorneys to bring this potential issue to light.
At this time, all information Snowbird Advisor has available on this matter has been provided below.
We understand that this is an important issue for many Canadian snowbirds and are continuing to monitor this matter closely for any changes or new information. We will provide Snowbird Advisor members with material updates as soon as we are able to verify the accuracy of such information.
Background
On January 20, 2025, U.S. President Donald Trump issued executive order “Protecting the American People Against Invasion” that requires the Department of Homeland Security to ensure all “aliens” visiting the United States for 30 days or longer register with the U.S. government, as required under the section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302).
On February 25, 2025, U.S. Citizenship and Immigration Services (USCIS) issued a statement providing initial guidance on registration requirements under the executive order.
A summary of these requirements, as they pertain to Canadian visitors to the U.S., can be found below.
Who is considered to have already registered?
According to USCIS: “Anyone who has been issued one of the documents designated as evidence of registration under (U.S. federal regulation) 8 CFR 264.1(b) has registered.”
Aliens who have already registered include: “aliens admitted to the United States as nonimmigrants who were issued Form I-94 in paper or electronic form.”
Most – but not all - Canadians who enter the United States by air, are automatically issued an electronic I-94 when they arrive in the country.
However, Canadians who enter the United States through a land border are generally NOT issued an I-94 when they arrive in the U.S.
Under the new requirement, all Canadians who are not issued an I-94 when they arrive in the U.S. and plan to stay in the U.S. for 30 days or more would be required to register online with USCIS.
It’s important to note that Canadian citizens are not provided with any evidence that an I-94 has been issued when they enter the United States, as this occurs behind the scenes.
Am I exempt from registering if I have NEXUS?
At this time, USCIS has not given any indication if Canadians who have NEXUS will be exempt from registering. If more information becomes available on this point, Snowbird Advisor will advise our members.
How can I register if I have not been issued an I-94?
USCIS is advising Canadians travelling to the U.S. for more than 30 days who have not been issued an I-94 upon entry to register online with USCIS as soon as possible after entering the U.S.
However, the USCIS online registration portal is not yet active and there has been no indication from USCIS when the portal will be active or what information will be required to register. We will advise Snowbird Advisor members if and when the portal becomes active along with further details about registering.
In the meantime, USCIS is advising aliens who may need to register to create a USCIS online account in preparation for when the portal becomes active.
What should Canadians do in the interim?
Snowbird Advisor spoke with U.S. immigration attorney Rosanna Berardi - Managing Partner at Berardi Law Firm in Buffalo, NY – to provide her view on what actions, if any, Canadians should take in the interim.
Ms. Berardi, who is one of the first legal professionals to bring attention to this new potential requirement, informed Snowbird Advisor that in her view, Canadians travelling to the U.S. don’t need to take any action with respect to registration at this time, until such time as the USCIS registration portal is active and further details have been provided by the U.S. government about the registration process and requirements.
What are the consequences of not registering?
USCIS has not yet provided clear guidelines about the consequences of failing to register with the federal government or how the requirements will be enforced, however, they have stated that “Failure to comply will result in criminal and civil penalties, up to and including misdemeanor prosecution and the payment of fines.”
How can I find out if I have been issued an I-94?
You can check your I-94 status on the U.S. Customs and Border Protection’s (CBP) I-94 website here by following these steps:
Visit the CBP I-94 website
Click on the Get Most Recent I-94 tab
Enter your traveler information, which includes your First Name, Last Name, Date of Birth, Country of Citizenship and Travel Document Number (Passport or NEXUS)
Important Note: For your Travel Document Number, make sure you enter the number of the travel document that you used for your most recent entry into the U.S.
For example, if you used your passport to enter the U.S. most recently, enter your passport number and if you used NEXUS, enter your NEXUS number. This will ensure you receive your most up-to-date I-94 information.- After you submit your traveler information, you should see information about your most recent I-94 record.
If an I-94 for your most recent trip to the U.S. appears, you would already be registered with the U.S. government and no further action would be needed on your part.
However, if no I-94 information appears or if I-94 information only appears for previous trips, you would not be registered with the U.S. government and would need to register through the USCIS online portal once it is active.
Disclaimer: The information provided above is for informational purposes only and does NOT constitute legal or immigration advice and should not be relied on as such.
