It’s a classic scene at Canadian airports: when it starts to get a little cold, thousands of snowbirds cross the border south in search of winter sun. Winter is tough for everyone, but if you have arthritis and rheumatism, it’s even harder. That’s why many senior Canadians prefer to spend those months in more comfortable latitudes.
However, this year has brought a somewhat unpleasant surprise for many retirees and travelers who are planning a long stay in the United States. Suddenly, there are unexpected lines, overly detailed questioning, and a new requirement to be photographed and fingerprinted at U.S. customs. What is going on? Why have they started enforcing this requirement now?
Believe it or not, everything that is happening is not the invention of a new protocol, but the strict application of a law that had been ignored for decades for Canadians. Canadians are the friendly –or least problematic– neighbors, so customs officials preferred to turn a blind eye and not do so much paperwork. However, the political landscape is paving the way for a drastic change in border travel.
If you’re one of those Canadians who spends more than 30 days in winter in Florida, Arizona, or California to escape the cold (California Dreaming is your anthem, after all), you may need to start planning your trip a little more carefully, as the TSA will interrogate you about everything, from your grandparents’ birthdays to your travel itinerary.
The Old Law, the New Application
According to the U.S. Immigration and Nationality Act (INA § 262), all foreigners over the age of 14 who stay in the country for more than 30 days must register with the federal government. Historically, this law has been ignored for most Canadian tourists crossing by land.
If you did not enter by plane, the average traveler who showed their passport from their car or bus was granted entry for up to six months (182 days to be precise), without the need for additional paperwork or any formal registration. The border with Canada is too wide to be doing so much paperwork at every border crossing. However, this era of relative simplicity is over. From now on, there will be strict enforcement by the administration.
This is all due to a recent executive order (Executive Order “Protecting the American People Against Invasion,” to be precise) that requires the Department of Homeland Security (DHS) to ensure that all “foreign nationals” comply with registration requirements. So if your trip exceeds 30 days, you are legally required to register with the U.S. government. Gone are the days of getting away with traveling through a country without being accountable to the government.
The Two Registration Routes for Canadians
All of this is causing some confusion among travelers, as they are faced with two different entry forms. These two forms are managed by two different government agencies that comply with the registration requirement. The first form is the I-94. Many land travelers who declare a long stay, such as snowbirds, are now required to fill it out.
It can be requested with a pre-application online up to seven days before travel or, alternatively, requested from the CBP officer at the time of crossing the border. To obtain it, you must pay a fee of $30 per person. You will be connected to biometric devices such as fingerprint scanners and a camera to verify your authenticity and complete the registration.
The other form is the G-325R. This is the official foreigner registration form managed by the U.S. Citizenship and Immigration Services (USCIS). This is the alternative, and generally preferred, route for snowbirds crossing by land.
It should only be filled out if you did NOT receive an I-94 when crossing the border. The G-325R must be submitted online (through your myUSCIS account) within 30 days of arrival in the U.S. So now you know, if you want to get a tan in Florida and enjoy caipirinhas on the beach, you’d better have all your papers in order and be prepared to give your fingerprints to the U.S. government.