U.S. clarifies new April registration rules, including for some Canadians

A New U.S. Registration Rule for Foreign Nationals: What You Need to Know

The U.S. government has introduced a new rule that will require certain foreign nationals, including some Canadians, to register with U.S. authorities if they plan to stay in the country for 30 days or longer. This rule, set to take effect on April 11, is part of an executive order signed by former U.S. President Donald Trump titled “Protecting the American People Against Invasion.” The order, which was signed on January 20, applies to all non-U.S. citizens and non-permanent residents. On Wednesday, the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) posted an interim final rule in the Federal Register, outlining the new registration requirements for foreign nationals.

The rule aims to ensure compliance with existing alien registration and fingerprinting laws. According to immigration lawyer Rosanna Berardi, this will impact certain Canadians, including the more than one million “snowbirds” who often travel to the U.S. during the winter months. Berardi explained that Canadians who entered the U.S. before April 11 but plan to stay beyond that date will also be required to register. Previously, Canadians could visit the U.S. for up to six months without a visa, provided they declared their intended stay upon entry. However, under the new rule, DHS has identified gaps in registration, particularly for Canadian visitors who entered the U.S. at land ports of entry and were not issued a Form I-94, the standard documentation for nonimmigrant visitors.

Who Does the Rule Apply To?

The new rule targets foreign nationals, including Canadians, who have not been properly registered upon entry into the U.S. This includes individuals who entered the country at land ports of entry and were not issued a Form I-94, which is typically required for nonimmigrant visitors. According to the interim final rule, the unregistered population covered by this new requirement is estimated to be between 2.2 million and 3.2 million people. This group includes Canadians who entered the U.S. without proper documentation, as well as others who may have overstayed their visas or entered the country unlawfully.

While the rule applies broadly, not all Canadian visitors will be affected. Those planning to stay for a short period, such as a week or two, do not need to worry about registering. However, Canadians who plan to stay longer than 30 days and fall into the unregistered category will need to complete a new form, the G-325R, and submit it to USCIS. The G-325R form requires individuals to provide personal information, including their past addresses, criminal history (if any), and details about their intended activities during their extended stay in the U.S.

The Registration Process and Exemptions

The registration process for foreign nationals under the new rule involves creating an account on the USCIS website and completing the G-325R form. While the rule initially required fingerprinting for all registrants, Canadians are among those exempt from this requirement. The U.S. government has also clarified that Canadians who entered the country through preclearance at airports or were issued a Form I-94 upon entry do not need to register again.

For those unsure of their registration status, the U.S. Customs and Border Protection (CBP) website provides a tool to check if a Form I-94 has been issued. If no record is found, individuals are advised to register using the G-325R form. Immigration lawyers, such as Rosanna Berardi, recommend that Canadians take proactive steps to ensure compliance, even if they are unsure whether the rule applies to them. “You can’t treat the border as casual anymore,” warned Stuart Friedman, another immigration lawyer with practices in Michigan and Ontario. “You’ve got to treat it as crossing a border where relationships are not as strong.”

Implications for U.S.-Canada Relations and the Economy

The new registration rule has sparked concerns about its impact on the relationship between the U.S. and Canada, as well as the potential economic consequences. Stuart Friedman expressed concerns that the rule could deter Canadians from visiting the U.S., potentially harming the American economy. “This is going to make them want to go to Mexico, it’s going to make them want to go to the Dominican [Republic], it’s going to make them want to go anywhere but here,” he said.

Canadians, particularly snowbirds, contribute significantly to the U.S. economy, especially in states like Florida and Arizona, where they often spend money on accommodations, goods, and services during the winter months. If the new rule creates unnecessary barriers or confusion, it could discourage Canadians from making these trips, leading to a loss of revenue for U.S. businesses. Friedman also criticized the rule for straining an already tense relationship between the two nations, particularly at a time when cross-border travel is critical for economic recovery.

Practical Advice for Canadian Travelers

For Canadian travelers who may be affected by the new rule, immigration lawyers and experts recommend taking steps to ensure compliance. First, Canadians should check their entry records on the CBP I-94 website to determine if they have been issued a Form I-94. If no record is found, they should create an account on the USCIS website and complete the G-325R form.

Berardi and Friedman also advise Canadians to be mindful of their intended stay duration and to plan accordingly. If they anticipate staying in the U.S. for more than 30 days, they should familiarize themselves with the registration requirements and seek legal advice if necessary. Above all, Canadians are encouraged to treat border crossings with caution and to avoid assuming that their entry will be casual or straightforward.

Reactions and What’s Next

The Canadian Snowbirds Association has expressed concerns about the rule and has sought clarity from U.S. authorities. In a letter addressed to DHS Secretary Kristi Noem, the association requested more information about how the rule will be implemented and who will be affected. The letter highlighted the confusion surrounding the rule, particularly for Canadians who believe they are already registered upon entry.

While DHS and USCIS have provided some guidance, many questions remain unanswered. The interim final rule has been met with criticism from immigration lawyers and advocacy groups, who argue that it creates unnecessary complexity and could harm both the U.S. economy and its relationship with Canada. As the April 11 implementation date approaches, Canadian travelers are advised to stay informed and take proactive steps to ensure compliance with the new registration requirements.

In conclusion, the new U.S. registration rule for foreign nationals, including certain Canadians, marks a significant shift in how the U.S. government manages nonimmigrant visitors. While the rule is intended to enhance compliance with existing laws, its implementation has raised concerns about its impact on cross-border relations and the economy. For now, Canadians planning extended stays in the U.S. are encouraged to navigate this new system carefully and seek legal advice if needed.