The US Alien Registration Requirement And Its Application To Canadian Citizens

On March 21, 2025, the Government of Canada updated its travel advisory for the US, to inform Canadians who are traveling to the United States for more than 30 days (it should say "30 days or longer") that they will be required to register with the US Government. However, there is still a great deal of confusion regarding who needs to register, especially in the context of Canadian citizens.

Background

On January 20, 2025, President Trump issued the Protecting the American People Against Invasion executive order (the Executive Order). Among other things, it directed the US Department of Homeland Security (DHS) to ensure that aliens comply with their duty to register under Section 262 of the Immigration and Nationality Act (INA) and ensure that failure to comply is treated as a civil and criminal enforcement priority.

The alien registration requirement has existed since the Alien Registration Act of 1940, which was later incorporated into the INA. However, the Executive Order now requires DHS to strictly enforce it. The registration and fingerprinting requirements appear in §§1301-1306 to Chapter 8 of the United States Code (8 USC).

On March 12, 2025, DHS published its Interim Final Rule (the DHS Rule) for the alien registration requirement. It amends the DHS regulations, which appear in Title 8 of the Code of Federal Regulations (8 CFR), to create a general registration process that is available to all unregistered aliens (i.e., non-U.S. citizens), regardless of their status. The DHS Rule becomes effective on April 11, 2025.

Who must register?

Subject to limited exceptions, the alien registration requirement applies to the following individuals:

Aliens 14 years of age or older who intend to remain in the US for 30 days or longer must apply for registration and be fingerprinted before the expiration of those 30 days.
Parents and legal guardians of children below the age of 14 who will remain in the US for 30 days or longer must ensure that these children are registered before the expiration of those 30 days.
Within 30 days of reaching their 14^th birthday, an alien child must apply in person for registration and be fingerprinted.

As a result of the Jay Treaty, signed in 1794 by Great Britain and the United States, American Indians may travel freely across the Canada-U.S. border. For this reason, American Indians born in Canada having at least 50% American Indian blood are exempt from the alien registration requirement.

According to 8 USC §1306(a), an alien's willful failure or refusal to apply to be registered or fingerprinted is punishable by a fine of up to US$1,000 or imprisonment for up to six months, or both. The same penalty applies to a parent or legal guardian who willful fails or refuses to register the their alien child.

According to 8 USC §1304(d), every alien in the United States, who has been registered and fingerprinted under the alien registration requirements must be issued a certificate of alien registration or alien registration receipt card, in the form prescribed in the regulations. According to 8 USC §1304(e), every registered alien 18 years of age or older must have this proof of registration in their personal possession at all times; non-compliance is a misdemeanor punishable by a fine of up to US$100 or imprisonment for not more than 30 days, or both.

Who is already considered registered?

According to 8 CFR 264.1(a), the following forms will satisfy the alien registration requirement:

I-67, Inspection Record - Hungarian refugees (Act of July 25, 1958).
I-94, Arrival-Departure Record - Aliens admitted as nonimmigrants; aliens paroled into the United States under INA 212(d)(5); aliens whose claimed entry prior to July 1, 1924, cannot be verified, they having satisfactorily established residence in the United States since prior to July 1, 1924; aliens lawfully admitted to the United States for permanent residence who have not been registered previously; aliens who are granted permission to depart without the institution of deportation proceedings or against whom deportation proceedings are being instituted.
I-95, Crewmen's Landing Permit - Crewmen arriving by vessel or aircraft.
I-181, Memorandum of Creation of Record of Lawful Permanent Residence - Aliens presumed to be lawfully admitted to the United States under 8 CFR 101.1.
I-485, Application for Status as Permanent Resident - Applicants under INA 245 and §249, and Section 13 of the Act of September 11, 1957.
I-590, Registration for Classification as Refugee - Escapee—Refugee-escapees paroled pursuant to Section 1 of the Act of July 14, 1960.
I-687, Application for Status as a Temporary Resident - Applicants under INA 245A, as amended.
I-691, Notice of Approval for Status as a Temporary Resident - Aliens adjusted to lawful temporary residence under 8 CFR 210.2 and §245A.2.
I-698, Application to Adjust Status from Temporary to Permanent Resident - Applicants under INA 245A.
I-700, Application for Status as a Temporary Resident - Applicants under INA 210.
I-817, Application for Voluntary Departure under the Family Unity Program.

According to According to 8 CFR §264.1(b), the following forms are considered evidence of registration:

I-94, Arrival-Departure Record - Aliens admitted as nonimmigrants; aliens paroled into the United States under INA 212(d)(5); aliens whose claimed entry prior to July 1, 1924, cannot be verified, they having satisfactorily established residence in the United States since prior to July 1, 1924; and aliens granted permission to depart without the institution of deportation proceedings.
I-95, Crewmen's Landing Permit - Crewmen arriving by vessel or aircraft.
I-184, Alien Crewman Landing Permit and Identification Card - Crewmen arriving by vessel.
I-185, Nonresident Alien Canadian Border Crossing Card - Citizens of Canada or British subjects residing in Canada.
I-186, Nonresident Alien Mexican Border Crossing Card - Citizens of Mexico residing in Mexico.
I-221, Order to Show Cause and Notice of Hearing - Aliens against whom deportation proceedings are being instituted.
I-221S, Order to Show Cause, Notice of Hearing, and Warrant for Arrest of Alien - Aliens against whom deportation proceedings are being instituted.
I-551, Permanent Resident Card - Lawful permanent resident of the United States.
I-766, Employment Authorization Document.
Form I-862, Notice to Appear - Aliens against whom removal proceedings are being instituted.
Form I-863, Notice of Referral to Immigration Judge - Aliens against whom removal proceedings are being instituted.

In addition to the above, a valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport constitutes evidence of registration.

Do Canadian citizens need to use the general registration process?

The alien registration requirement applies to an alien who remains in the US for 30 days or longer. In other words, Canadians citizens (and other aliens) who intend to be in the US for less than 30 days do not need to register. In addition, most Canadian citizens (and other aliens) should already be considered registered, even if they intend to remain in the US for 30 days or longer.

Any alien who holds employment status (e.g., L-1, TN, H-1B, etc.) or student status (F-1, M-1, J-1, etc.) will receive a Form I-94 Arrival-Departure Record at the time of admission, as will their dependent family members. The DHS regulations confirm that the issuance of a Form I-94 satisfies the registration requirement and also constitutes evidence of registration.

The one instance in which an already registered alien may need to re-register involves a previously registered alien child who turns 14 while in the United States. The USCIS website clarifies that any alien, whether previously registered or not, who turns 14 years old in the US must register within the 30 days following their 14th birthdate. So, a child under the age of 14, who was issued a Form I-94 at the time of entry, but who turns 14 while in the US, is expected to re-register.

Of course, if the child instead departs from the United States prior to their 14th birthday, re-enters the US after their 14th birthday and is issued a new Form I-94 at the time of re-entry, they should be considered registered. In such cases, they should not need to re-register using the general registration system established by the DHS Rule.

Traditionally, Canadian citizens who were admitted to the United States as B-1 business visitors or B-2 visitors for pleasure were not issued Form I-94s at the time of admission. However, this changed on April 30, 2013, when U.S. Customs and Border Protection (USCBP) began implementing a system to automatically issue electronic Form I-94s at air and sea ports of entry. Land ports of entry continued to issue paper Form I-94s to travelers for several years but they also ended the practice on March 11, 2022. So, at the present time, USCBP is issuing electronic Form I-94s to all travelers, including Canadian citizens.

At air and seaports, USCBP automatically issues Form I-94s to travelers, using manifest information available from their carrier. Although they should also issue a Form I-94 to every traveler (including a Canadian citizen) who enters the US at a land port of entry, the process isn't necessarily automated. For this reason, it is least possible that a Canadian citizen entering the United States at a land port of entry may not receive an electronic Form I-94 at the time of admission.

The DHS regulations also recognize that an unexpired DHS admission stamp in a foreign passport is considered evidence of registration. Even if a Canadian citizen was not issued an electronic Form I-94, if they have a valid admission stamp in their Canadian Passport they should not need to register using the general registration system. Unfortunately, USCBP typically does not insert admission stamps into the passports of Canadian citizens who are entering the US as B-1 business visitors or B-2 visitors for pleasure.

In order to avoid having to register under the general registration system described in the DHS Rule, Canadian citizens who will be entering the United States at a land port of entry and who intend to remain in the US for 30 days or more may wish to consider the following:

In order to ensure that USCBP issues an electronic Form I-94 at the time of admission, they may decide to apply for a provisional Form I-94 within seven days of their travel date.
During their inspection at the land border, they can clearly ask USCBP to issue them an electronic Form I-94, since they will be remaining in the US for 30 days or more.
As a DHS admission stamp is also recognized as evidence of registration, they can ask that USCBP insert an admission stamp into their Canadian Passport.
They can review and download a copy of their most recent Form I-94 from the USCBP website immediately after they have been inspected and admitted to the US, to confirm that a new Form I-94 has been issued to them.

Are Canadians exempt from the fingerprinting requirement?

According to 8 USC §1302(c), the Secretary of DHS has the discretion to waive the requirement of fingerprinting, on the basis of reciprocity. According to 8 CFR §264.1, the fingerprinting requirement is waived for the following nonimmigrants:

Fingerprinting is waived for nonimmigrant aliens admitted as foreign government officials and employees; international organization representatives, officers and employees; NATO representatives, officers and employees, and holders of diplomatic visas while they maintain such nonimmigrant status. Fingerprinting is also waived for other nonimmigrant aliens, while they maintain nonimmigrant status, who are nationals of countries which do not require fingerprinting of United States citizens temporarily residing therein.
Fingerprinting is waived for every nonimmigrant alien not included in paragraph (e)(1) of this section who departs from the United States within one year of his admission, provided he maintains his nonimmigrant status during that time; each such alien not previously fingerprinted shall apply therefor at once if he remains in the United States in excess of one year.
Every nonimmigrant alien not previously fingerprinted shall apply therefor at once upon his failure to maintain his nonimmigrant status.

Canada exempts US nationals (i.e., citizens) from the requirement to provide biometrics (i.e., fingerprints and photo) when entering Canada as temporary residents. In other words, they are exempt from the need to provide fingerprints when entering Canada as workers, students and visitors. As a result, the fingerprint requirement is waived as a result of 8 CFR §264.1(1).

In addition, an alien who departs from the United States within one year of admission is exempt from the fingerprinting requirement, as long as they maintain their nonimmigrant status during that time. As a result, Canadian "snowbirds" who enter the United States as visitors for six months per year should also be exempt from the fingerprinting requirement as a result of 8 CFR §264.1(2).

That said, a nonimmigrant (including a Canadian citizen) who fails to maintain their nonimmigrant status will lose their eligibility for a waiver of the fingerprinting requirement.

The general registration process

Assuming that an alien is required to register using the general registration process implemented by the DHS Rule, the procedure is as follows:

Aliens who need to register must submit Form G-325R online through the USCIS website. In order to do this, they must create a USCIS online account.
Each alien submitting Form G-325R (including those under the age of 14) must have their own individual USCIS online account. A parent or legal guardian of an alien under the age of 14 who needs to register, must set up an individual USCIS online account on the child's behalf and in their name.
Once the USCIS online account has been created, the alien must complete the electronic Form G-325R. The form must be filed online through a USCIS online account; it cannot be filed by mail or in person.
If the alien is required to also provide biometrics, USCIS will schedule a biometrics appointment at one of its Application Support Centers).
Once the alien has registered (and, if required, provided their biometrics), USCIS will post a notice (USCIS Proof of G-325R Registration) to their USCIS online account, which is considered proof of registration. The notice can be downloaded and printed.

Do Canadians need to inform DHS of a change of address?

According to 8 USC §1305, any alien who is subject to registration under the INA (including those who are already registered through their receipt of a Form I-94) and who are in the US must also notify DHS in writing of each change of address within 10 days from the date of such change. So, a Canadian citizen who remains in the US for 30 days or longer must notify USCIS of any change of address while they are in the US. The change of address notification may be filed through the USCIS online account or by submitting a Form AR-11 by mail.

According to 8 USC §1306(b), non-compliance is a misdemeanor punishable by a fine of up to US$200 or imprisonment for not more than 30 days or both. In addition, according to 8 USC §1227(a)(3)(A), any alien who has failed to comply with the change of address requirement is removable unless they establish that the failure was reasonably excusable or was not willful.

Conclusion

In conclusion, the majority of Canadian citizens will not need to register using the general registration process, since they will already be considered registered through their prior receipt of a Form I-94 at the time of admission. The only exceptions to this general rule should be:

Canadian citizens who entered the US at a land port of entry, who intend to remain in the US as nonimmigrants for 30 days or more and who did not receive an electronic Form I-94 or an admission stamp at the time of admission; and
Minor children who were admitted to the US under the age of 14 and who will turn 14 while they are in the US.

Even Canadian citizens who are required to register should be exempt from the fingerprinting requirement, since Canada does not require US citizens to provide fingerprints when they are entering as temporary residents. However, they must still notify USCIS of any change of address if they remain in the US for 30 days or more.

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