Canadians traveling to the U.S. for extended stays must comply with U.S. immigration regulations, including the alien registration requirement. The Department of Homeland Security (DHS) has updated these requirements, and travelers staying in the U.S. for more than 30 days must ensure they are properly registered. One way to meet this requirement is by applying for Form I-94, Arrival-Departure Record, in advance through U.S. Customs and Border Protection (CBP).
This blog explains how Canadians can meet the alien registration requirement by obtaining an I-94 before traveling and who must register within 30 days of arrival.
Who Must Register Under the 30-Day Rule?
Under U.S. immigration law (8 U.S.C. 1302), most foreign nationals staying in the U.S. for 30 days or more must register with DHS. This includes:
- Canadians entering for business or tourism who were not issued an I-94 upon entry.
- Nonimmigrant visa holders who have not already registered through the visa application process.
- Individuals who entered without inspection and have not yet registered.
- Children turning 14 years old while in the U.S. (must register within 30 days of their birthday).
Failure to register may result in fines of up to $5,000, imprisonment for up to six months, or both.
How an I-94 Meets the Registration Requirement
Form I-94 serves as official evidence of registration for nonimmigrants. While many visa holders automatically receive an I-94 when entering the U.S., Canadians entering at land borders for business or tourism often do not receive one unless they specifically request it. If you plan to stay for more than 30 days, obtaining an I-94 in advance ensures compliance with registration laws.
Applying for an I-94 in Advance
Canadians can apply for an I-94 online before arriving at a land border to speed up the process. Here’s how:
Step 1: Visit the CBP I-94 Website
- Go to the CBP I-94 website
Step 2: Start a New Application
- Click “Apply Now” and fill out the required information, including passport details and travel plans.
Step 3: Pay the Fee
- The online application fee is $6.00.
Step 4: Receive Your Electronic I-94
- After approval, you will receive an electronic I-94 record, which you can print or save on your device.
Step 5: Present Your I-94 at the Border
- When entering the U.S., present your passport and the I-94 record to CBP officers.
By obtaining an I-94 in advance, you ensure compliance with alien registration requirements and avoid possible fines or penalties.
Additional Proof of Registration for Canadians
If you do not obtain an I-94 and stay in the U.S. beyond 30 days, you must complete Form G-325R (Biographic Information – Registration) through your myUSCIS account. This form is free to file and will generate an official Proof of Alien Registration document.
Key Takeaways
✔ Canadians staying in the U.S. for over 30 days must register.
✔ Applying for an I-94 in advance is the easiest way to meet this requirement.
✔ If you did not receive an I-94, you must register through myUSCIS within 30 days.
✔ Failing to register may lead to penalties, including fines or deportation.
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If you have any questions regarding a U.S. Immigration matter, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
JEREMY L. RICHARDS is the founding partner of Richards and Jurusik and has dedicated his career to U.S. immigration law, with a specialized focus on assisting Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA) to work and live in the United States. (Full Bio)
