New U.S. Registration Rule for Canadian Visitors: What You Need to Know

Introduction to the New Rule

The U.S. government has introduced a new rule requiring foreign nationals, including some Canadians, to register if their stay exceeds 30 days. This regulation, effective from April 11, 2024, is part of an executive order by former President Donald Trump aimed at tightening immigration enforcement. The rule particularly affects "snowbirds," Canadians who spend their winters in the U.S. Under the new guidelines, Canadians who entered the U.S. before April and are still there must register, despite the previous six-month visa-free stay allowance.

Who Does the Rule Apply To?

The rule targets Canadians who entered the U.S. at land ports without receiving an I-94 form, a document typically issued upon entry. This form tracks the duration of stay. The U.S. estimates that 2.2 to 3.2 million individuals, including Canadians, fall into this category. This change is part of broader immigration efforts under Trump’s order to monitor foreign nationals more strictly.

The Registration Process Explained

Affected individuals must register using the G-325R form through the U.S. Citizenship and Immigration Services (USCIS) website. The process involves creating an account, filling out the form, which asks for personal information, travel plans, and criminal history. While fingerprinting is required, Canadians are exempt. Air travelers, who often receive an I-94 through preclearance, are likely unaffected, but land entrants should verify their status.

Implications for Canadians and the Economy

This rule may deter Canadians from visiting the U.S., impacting tourism and the economy. Legal experts, like Stuart Friedman, suggest this could drive travelers to other destinations, straining U.S.-Canada relations. The confusion over who needs to register adds to the concern, as some Canadians may unintentionally violate the rule.

Confusion and Clarification

There is uncertainty about who exactly must register. The Department of Homeland Security (DHS) clarifies that the rule applies to those not lawfully admitted, but the text mentions Canadians at land ports without an I-94. The Canadian Snowbirds Association seeks clarity, reflecting the broader confusion. This ambiguity highlights the need for clear communication from U.S. authorities.

Advice and Conclusion

Legal experts advise complying with the rule to avoid issues, even if uncertain. Treating the border with increased formality, they suggest registering to prevent complications. This rule underscores the changing landscape of U.S. immigration policies and their potential impact on international relations and personal travel plans. Understanding and adhering to the rule is crucial to avoid unintended consequences.