Last Updated: March 12, 2025

As a follow up to Snowbird Advisor’s initial news release on March 9^th announcing that Canadians who spend 30 days or more in the U.S. may need to register with the U.S. government, the U.S. Department of Homeland Security (DHS) has subsequently provided more details about this new requirement.

On March 12, 2025, the U.S. Department of Homeland Security (DHS) published a new Interim Final Rule that provides further guidance on the new requirements for aliens visiting the United States for 30 days or more to register with the government upon entering the country.

The new rule will come into effect on April 11^th, 2025 and could affect a significant number of Canadian snowbirds who may need to register to comply with the rule.

Snowbird Advisor has spoken with U.S. immigration attorney Rosanna Berardi, Managing Partner of Berardi Immigration Law in Buffalo, NY, to confirm the new rules and a summary of the new rules as they pertain to Canadians that has been reviewed by Berardi can be found below. 

Please keep in mind that because this is an interim rule, it is still subject to public feedback and change:

1. Registration Requirements
   
   Beginning on April 11, 2025, all aliens (including Canadians) visiting the United States for 30 days or more must register with the U.S. government prior to the expiration of that 30-day period.
2. Canadians Who Were Issued Form I-94 Are Already Registered
   
   Canadians who were issued a Form I-94 when they most recently entered the United States are deemed to have already registered with the U.S. government and are not required to take any further steps to register.

3. Canadians Who Were NOT Issued Form I-94 Need to Register
   
   Beginning on April 11, 2025, Canadians who were NOT issued a Form I-94 when they most recently entered the United States are required to register online with U.S. Citizenship and Immigration Services (USCIS) through the registration process outlined below. You can find more information about registration on the USCIS website here.

4. What is an I-94?
   
   Form I-94 is the DHS Arrival/Departure Record issued to aliens who are admitted to the U.S.
   
   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.
   
   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.

5. How to check the status of your I-94 online
   
   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:
   
   STEP 1: Visit the CBP I-94 website
   
   STEP 2: Click on the Get Most Recent I-94 tab
   
   STEP 3: 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, if you have NEXUS, make sure you check both your NEXUS number and passport number to ensure you receive your most up-to-date I-94 information, as your most recent entry to the U.S. may have been recorded under one of these documents but not the other. 

   STEP 4: 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 the only I-94 information that appears is for previous trips, you would not be registered with the U.S. government and would need to register through the USCIS online portal. 

6. Registration Process for Canadians who were NOT issued Form I-94:
   
   Beginning on April 11, 2025, all Canadians who enter the United States or are already in the United States and were NOT issued an I-94 when they most recently entered the U.S. will need to register online with the U.S. government by following the process below.
   
   The online registration portal is now open and Canadians who already know they will need to register can register prior to April 11^th. At this time, there is no fee to register: 

   STEP 1: Create an online account with USCIS here: https://my.uscis.gov/

   STEP 2: Log in to your USCIS online account and complete and submit the new Form G-325R.
   
   STEP 3: Once you complete and submit Form G-325R, you will be issued a digital “Proof of Alien Registration” through your USCIS account. You must carry this document with you during your stay in the United States. 
   
   Canadians who register by completing Form G-325R do NOT need to be fingerprinted.

Frequently Asked Questions:

1. Q: Is the USCIS online registration portal open?

   A: Yes, the online portal is open as of March 12, 2025, so you can register now if you know you will eventually need to register.

2. Q: Do I need to register if I am currently in the U.S. but will be leaving prior to April 11^th?

   A: If you will be leaving the U.S. prior to April 11^th, when the new registration rules come into effect, you do not need to register.

3. Q: Do I need to register if I am already in the U.S.?

   A: DHS and USCIS have not provided clear guidance on this scenario, but Canadians who are already in the U.S., will be staying for 30 days or more until or after April 11^th, 2025 and were not issued an I-94 when they most recently entered the U.S. are likely required to register and should err on the side of caution by registering online.

4. Q: If I was issued an I-94 for a previous trip that is still valid, but not for my most recent trip, do I need to register? 

   A: DHS and USCIS have not provided clear guidance on this scenario, but Canadians in this situation may be required to register and should err on the side of caution by registering online.

5. Q: Am I exempt from registering if I entered the U.S. using my NEXUS card?

   A: At this time, USCIS has not given any indication that Canadians who have NEXUS will be exempt from registering.

6. Q: Do the new registration rules apply to me if I entered the U.S by air, or do they also apply if I entered the U.S by land?
   
   A: DHS and USCIS have not provided clear guidance on this scenario, and while the new rule refers specifically to Canadians entering the U.S. by land, it is possible that some Canadians who enter the U.S. by air may not be issued an I-94 upon entry.
   
   Accordingly, the new rule may also apply to Canadians who enter the U.S. by air and Canadians in this situation may be required to register and should err on the side of caution by registering online.

7. Q: If I register online by completing Form G-325R, do I need to get fingerprinted?

   A: Canadians who register online by completing Form G-325R do NOT need to get fingerprinted.

8. Q: Does your Proof of Alien Registration document need to be a physical printout or is a digital copy on your phone sufficient?
   
   A: DHS and USCIS have not provided clear guidance on this, so it is better to err on the side of caution and keep a printed copy with you.

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.