The U.S. government says its rule that will require foreign nationals, including some Canadians, visiting for 30 days or more to register will come into force next month.
The rule was part of U.S. President Donald Trump’s “Protecting the American People Against Invasion” executive order, which was signed on Jan. 20 and applies to anyone who is not an American citizen or permanent resident.
What are we now learning?
On Wednesday, an interim final rule was posted to the U.S. Federal Register and said the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) was amending regulations to “designate a new registration for aliens to comply with statutory alien registration and fingerprinting provisions.”
This rule, according to immigration lawyer Rosanna Berardi, will apply to some Canadians, including the more than one million “snowbirds” who travel down south often in winter months.
“It goes into effect April 11, however, if you’re a Canadian that, say, entered in January and you’re still in the U.S. after April 11, this will apply to you,” said Berardi, managing partner of Berardi Immigration Law in Buffalo, N.Y.
Canadians have in the past been able to visit the U.S. for six months without a visa, though they must declare their intended duration of stay upon entry, according to the federal government.
Under the new rule, DHS says “certain groups of aliens” may not have been registered on entry.
-
Canada introduces 25% reciprocal tariffs in response to U.S. steel, aluminum tariffs -
Canadian recession looms if U.S. tariffs remain: economists -
Trump calls Doug Ford ‘strong man’ after he drops electricity charge: ‘Now, I’m looking at that’ -
Video shows Toronto police use special helicopter in carjacking arrest of 3 teens
The rule notes under current regulations:
- Many Canadian nonimmigrants for business or pleasure are not issued a Form I-94 even though they have not been registered through the visa process.
As well, it goes on to say the un-registered population covered by this registration rule, estimated to be between 2.2 million and 3.2 million people, includes:
- Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration (eg. Form I-94)
It added that the most recent population estimate for aliens without lawful status residing in the U.S. was 11 million as of Jan. 1, 2022.
Most of those either entered the U.S. without inspection or were admitted temporarily and stayed past the date required to depart. This includes Canadians and others who received an I-94.
What it means if you enter the U.S. by car
The Canadian Snowbirds Association notes that while the form is “automatically generated for travellers, upon being granted entry to the U.S., including for most Canadians,” in some situations, it doesn’t always happen.
Get daily National news
Those planning to stay for a week or two don’t need to worry about registration, but those wanting to stay longer than a month may have to register by filling out the new G-325R form if they fall under those not registered.
Immigration lawyer Stuart Friedman, who has practices in both Southfield, Mich. and Windsor, Ont., told Global News the rule could hurt the U.S. in terms of getting more Canadians to come and spend money in the American economy.
“It’s going to drive a hole in an already fractured relationship.”
While U.S. Customs and Border Protection says on its website an electronic Form I-94 will be issued at the land border for those who cross and need it, Berardi says that’s often not the case.
“It’s just opening up Pandora’s Box on these I-94s,” she said.
If unsure, you can visit the U.S. Customs and Border Protection I-94 website to find out if you have one. If you don’t, Berardi says to register.
People will need to create an account on the U.S. Citizenship and Immigration Services website to then choose the G-325R form, which includes questions around your past addresses, criminal record and what you plan to do during your extended stay.
The U.S. order also states foreign nationals are required to submit for fingerprinting as well as registration, however, the interim final rule notes Canadians are among those exempt.
What it means if you enter the U.S. by air
Those travelling by air to the U.S. are also often issued a Form I-94 through preclearance, which means if you plan to fly into the U.S. it’s unlikely you will have to do any additional form of registration.
However, if you’re unsure of your registration status, you can check the U.S. Customs and Border Protection I-94 website to find out if you have been issued the form.
If you have, then there’s nothing more to do, but if you haven’t, you can create an account on U.S. Citizenship and Immigration Services and register using the G-325R form.
Registration rule prompts confusion
The change has spurred confusion over how many Canadians will be impacted.
The Canadian Snowbirds Association wrote a letter addressed to Homeland Security Secretary Kristi Noem seeking clarity.
That letter said they too were told Canadian citizens are “registered” when inspected and admitted, despite the USCIS website stating “Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration” are among those included in the rule for registration.
Asked earlier this week prior to the interim rule’s publication if Canadians who are not registered will be required to do so, a DHS spokesperson told Global News that the announcement was “regarding aliens that entered the United States unlawfully or are present unlawfully, such as those entering between U.S. ports of entry, and/or having evaded proper processing with DHS officials.”
“This is a separate population from Canadian citizens that are ‘registered’ when they are inspected and admitted by U.S. Customs and Border Protection (CBP) officers at U.S. ports of entry. As such, Canadian citizens described in your query who were lawfully admitted into the United States as nonimmigrant visitors are not required to be further registered in accordance with INA Section 262 (8 U.S.C. 1302) and the Feb. 25 announcement.”
When asked how the interim rule comes into play, as it notes Canadians who cross at land ports of entry are among those affected, as well as what “registered’ means, the spokesperson referred Global News to U.S. Citizenship and Immigration Services.
USCIS on Wednesday referred Global News to the Federal Register and an updated post on the alien registration requirement, which specifies those not registered who will need to do so include “Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration.”
Friedman said he’s encouraging people to register regardless to avoid issues.
“You can’t treat the border as casual anymore,” he said. “You’ve got to treat it as crossing a border where relationships are not as strong.”