Extended stays in the U.S.: beware of registration requirements

On March 21, 2025, the Government of Canada updated its travel advice for the United States to inform Canadians travelling to the United States for periods longer than 30 days that they will need to register with the U.S. government. However, there is still a great deal of confusion about who should register and how.

This document identifies the different ways to comply with the new Alien Registration Requirement (hereinafter the “Registration Requirement”) and summarizes these new requirements, specifically for Canadian citizens travelling to the United States.

What? (The Act and its Coming into Force)

On March 12, 2025, the U.S. Department of Homeland Security (hereafter the “DHS”) published its Interim Final Rule on the alien registration requirement to designate a general registration process for all unregistered foreign nationals (i.e., non-U.S. citizens), regardless of their status. This new regulation came into force on April 11, 2025.

Who Must Register and When?

The Registration Requirement applies to the following persons:

-       All foreign nationals 14 years of age or older who intend to remain in the United States for 30 days or longer. They must apply for registration and have their fingerprints taken before the expiration of the 30-day period.

-       The parents and legal guardians of children under 14 who will remain in the United States for 30 days or longer. They must ensure that these children are registered before the expiration of the 30-day period.

-       Any foreign national, whether previously registered or not, who turns 14 in the United States. These individuals must register within 30 days after their 14^th birthday.

In summary, any foreign national intending to stay in the U.S. for a period of 30 days or longer must register, with the exception of American Indians born in Canada with at least 50% American Indian blood.

How to Register?

The U.S. Citizenship and Immigration Services (“USCIS”) established a new form, G-325R, Biometric Information, and an online process by which unregistered foreign nationals may register and comply with the law. This form is intended for foreign nationals who do not have other ways to register.

Indeed, there are other ways to validly register under the Registration Requirement, such as holding a specific visa, obtaining a valid and unexpired DHS admission stamp in your passport, or providing evidence of a Form I-94 (Arrival/Departure Record) issued upon entering the United States.

The U.S. Customs and Border Protection (hereinafter “USCBP”) automatically issues a Form I-94 to travellers using the registry information provided by their carrier at air and sea ports of entry. Although U.S. authorities should also issue a Form I-94 to every traveller entering the United States through a land port of entry, the process is not necessarily automated. This is why a Canadian citizen entering the U.S. through a land port of entry may not receive an electronic Form I-94 at the time of admission.

Even if a Canadian citizen was not issued an electronic Form I-94, they should not need to register using the general registration system if they have a valid admission stamp in their Canadian passport. Unfortunately, the USCBP generally does not insert an admission stamp in the passports of Canadian citizens entering the United States for business or pleasure, which represent the majority of Canadians travelling to the United States.

Canadians entering the United States by air will generally be issued a Form I-94. Therefore, only Canadian visitors who have entered the U.S. through land ports of entry will need to comply with the Registration Requirement.

To avoid having to register under the general registration system, using FormG-325R, Canadian citizens entering the United States through a land port of entry and who intend to stay for 30 days or longer have a number of options, including requesting to have their passport stamped upon entry.

General Registration Process – Form G-325R

If despite the steps described above, the foreign national is unable to obtain a Form I-94, he or she must follow the general registration process.

The process is as follows:

-       Foreign nationals who need to register must submit Form G-325R on the USCIS website.^[1] To register, they must create USCIS online account.^[2]

-       Each foreign national submitting Form G-325R (including those under the age of 14) must have their own individual USCIS online account. The parent or legal guardian of a foreign national under the age of 14 who needs to register must set up an individual USCIS online account on their child's behalf and in their name.

-       Once the USCIS online account is created, the foreign national must fill out an electronic version of Form G-325R, which must be filed online through a USCIS online account. It cannot be filed by mail or in person.

-       If the foreign national is also required to provide biometrics (fingerprints), the USCIS will schedule an appointment at one of its Application Support Centers.

-       Once the foreign national has registered (and, if necessary, provided their biometrics), the USCIS will post a notice (USCIS Proof of G-325R Registration) on his or her online account, which is considered proof of registration. The notice can be downloaded and printed.

Exception to Fingerprinting

U.S. nationals are not required to provide biometrics when entering Canada as a temporary resident. In other words, they are exempt from providing their fingerprints when entering Canada as a worker, student or visitor. Reciprocally, Canadian citizens re-entering the United States are not required to provide their fingerprints.^[3]

Penalties

Any foreign national who willfully fails or refuses to comply with the Registration Requirement or to be fingerprinted is punishable by a fine of up to US$1,000 or imprisonment for up to six months, or both.^[4] The same penalty applies to a parent or legal guardian who willfully fails or refuses to apply for the registration on behalf of their child.

Any foreign national in the United States who has been registered and fingerprinted under the Alien Registration Requirement will be issued an alien registration certificate or card in the form prescribed by the regulations.^[5]

All registered foreign nationals of 18 years of age and over must carry and have in their personal possession evidence of their registration at all times. Noncompliance with this requirement is a misdemeanour punishable by a fine of up to US$100 or imprisonment for not more than 30 days, or both.^[6]

Conclusion

While the new provisions may seem restrictive, particularly the online registration process with Form G-325R, there are straightforward ways for Canadian citizens to comply with the new requirements.

If you have any questions about international travel, do not hesitate to consult a lawyer specializing in this area. For all your foreign business matters, feel free to contact our tax law team.