New Registration Requirements for Travel to the US

As of April 11, 2025, foreign nationals, including some Canadians, will be required to register with the United States government if they remain in the United States for 30 days or longer.

Background

The alien registration requirement has existed since the Alien Registration Act of 1940, which was later incorporated into the Immigration and Nationality Act (INA). Section 262 of the INA requires that non-citizens (“Aliens”) who remain in the U.S. for 30 days or longer must register and be fingerprinted. Section 264 of the INA authorizes the Department of Homeland Security (DHS) to prepare forms for the registration and fingerprinting of Aliens and stipulates that registered individuals over the age of 18 must carry proof of registration at all times.

On January 20, 2025, the U.S. Government issued Executive Order 14159, titled “Protecting the American People Against Invasion”, which requires DHS to strictly enforce the existing alien registration requirements outlined in the INA and emphasizes treating failure to register as a civil and criminal enforcement priority.

Historically, certain groups, including Canadian nationals entering the U.S. via land ports of entry, were exempt from these registration requirements. However, the implementation of Executive Order 14159 has eliminated these exemptions and required registration for all non-citizens, including Canadian visitors.

Who Needs to Register?

1. Aliens 14 years of age or older who were not registered and fingerprinted (if required) when applying for a U.S. visa and who remain in the U.S. for 30 days or longer.
   (Canadian citizens are generally exempted from the fingerprint requirement.)
2. The parent or legal guardian of an Alien child under 14 who has not been registered and remains in the U.S. for 30 days ­or longer – the child is not subject to fingerprinting.
3. Aliens 18 years of age or older who are required to register must also carry and have in their personal possession evidence of their registration at all times while in the U.S.
4. Aliens in the U.S. must also report a change of address to United States Citizenship and Immigration Services (USCIS) within 10 days of moving.

Exemptions:

• Foreign nationals staying in the U.S. for less than 30 days.
• Lawful Permanent Residents (“LPRs” or Green Card holders) of the U.S.
• Individuals under 14 years of age (registration required upon turning 14).
• Those who have been fingerprinted during the visa application or admission process.
• Holders of A and G visas.
• American Indians born in Canada with at least 50% American Indian blood and entered the United States under Section 289 of the INA.

What does the Alien Registration Act mean for Canadians?

Absent unusual circumstances, Canadian citizens in the following categories are exempt or already registered due to the nature of how they entered the U.S.:

• Dual citizen or LPR of the U.S.
• Those who arrived in the U.S. by air.
• Those issued Record of Admission (Form I-94), when being admitted at a land Port of Entry.
• Those admitted to the U.S. with an immigrant visa (Green Card) or nonimmigrant (work) visa.
• Those issued a U.S. Employment Authorization Document.

Canadian citizens who entered the U.S. at a land port of entry that were not issued a Form I-94 Record of Admission must register if they plan to stay in the U.S. for 30 days or more in a single visit. The registration requirement applies to Canadian citizens entering as visitors for business or pleasure, including “Snowbirds.”

Practical Advice

Wondering if you’re already registered in the U.S.? It’s simple, just access your I-94 Record of Admission on the I-94 Official Website using your passport details. If you’ve got a valid I-94, you’re good to go – no need to register or provide fingerprints. Just keep an eye on the “Admit Until Date” and make sure you don’t overstay your visit.

As seasoned U.S. and Canadian immigration lawyers, we’ve got the expertise to handle all your immigration needs. Not sure if the registration requirements apply to you? Don’t waste time – contact us at immigration@langfordlaw.com, and we’ll sort it out for you.