REGISTER NOW! Learn of the New Travel Requirements for Being in the United States

travel requirements

The first few weeks of the Trump Administration has ushered in a host of immigration policies unlike what was seen the first time around.  Namely, the travel requirements for all non-US citizens in the United States to be registered.

What Does It Mean to Be Registered?

Good question … because it means different things for different people.

In support of the executive order, Protecting the American People Against Invasion, signed by President Donald Trump on January 20th, the administration is reviving a decades old law requiring every person in the U.S. to be registered if they are not a U.S. citizen.  As of April 11, 2025, the U.S. government will begin to collect personal information as well as fingerprints from every non-U.S. citizen who will remain in the United States for 30 days or longer, so they are aware of everyone within its borders. 

For some non-U.S. citizens, it means providing information about themselves that they may not have otherwise shared with U.S. government officials thereby potentially putting at risk the life they’ve always known in the United States.  For others, it means taking an extra step to ensure compliance with the law while for many, it means no further action is required because they are already registered.

Who Must Register for the New Travel Requirements?

The travel requirements apply to all non-U.S. citizens in the United States for 30 days or more regardless of age.  Parents or legal guardians must register children under 14 years of age, but submitting fingerprints is not required.  When a child turns 14, they must register to include submitting fingerprints.  There are a few who are exempted from the registration requirement:

  • A visa holders
  • G visa holders
  • Those in the U.S. for less than 30 days
  • American Indians born in Canada who possess at least 50% blood of the American Indian race who are present in the U.S.

Registered – To Be or Not to Be?

The travel requirements do not apply to non-U.S. citizens in the United States who are considered to be registered. These people hold a green card, visa or border crossing card; have been paroled into the U.S.; received an employment authorization document; or are in removal proceedings.[1]  At some point before or after entering the United States these groups of people have provided the U.S. government their personal information and fingerprints, so the government already knows about their presence in the country.

However, there are some who are legally in the United States yet are considered not to be registered – Canadians who entered the U.S. at a land port-of-entry as visitors; the travel requirements apply to them.   This group of people are visa exempt and are not issued a form I-94, Arrival/Departure Record, the document that evidences a person’s admission to the U.S. and which also constitutes proof of registration.

What Is a Form I-94, Arrival/Departure Record?

Form I-94 is the document issued by Customs & Border Protection (CBP) border officers when a non-U.S. citizen has been admitted to the U.S.  It evidences proof of inspection by a border officer and lawful admission, and contains the date of entry, the visa class of admission and for how long a person is permitted to be in the U.S. (or the date by which they must leave).

Until 2013, the I-94 was a white paper document that was annotated by CBP officers when a traveller was being admitted to the U.S.  Now they have been automated.  CBP uses electronic travel records to automatically generate travellers’ I-94 that can be retrieved online.

For Canadian visitors, the I-94 is automatically generated only when entering the U.S. by air, and generally, not issued when entering the U.S. by land.  So, if you, as a Canadian citizen, are planning on driving to the U.S. and staying for 30 days or more, you will need to take an extra step to be registered thereby meeting the travel requirements.

Going the Extra Mile – How to Get Registered

Before driving to the U.S., you can apply for a provisional I-94 online; there is a non-refundable fee of US$6 per application.  Within 7 days of making your online application, you must appear at a land port-of-entry where your fingerprints and facial scan will be taken, and you will be interviewed by a CBP officer to determine whether you may be admitted to the U.S.  Submitting the online application and paying the fee does not guarantee admission to the U.S.  An approval completes the registration process and grants you admission to the U.S. after which you can retrieve the I-94 online.

Getting Registered While In the U.S.  If you are a Canadian citizen who drove into the U.S. and did not apply for an I-94 before doing so, don’t panic.  You meet the travel requirements by registering online by creating a USCIS account and submitting form G-325R electronically. Visit https://www.uscis.gov/g-325r.

After entering the United States, whether by air or land, it is always good practice to retrieve your I-94 to ensure the details are correct.  Since CBP officers are human, sometimes mistakes are made.  And it is imperative that you know the date by which you must leave the country so that you do not accidently overstay your visit.  A violation of your status can adversely impact future applications to the U.S.  In the current environment, carry your I-94 with you at all times so you can provide proof of registration if you are ever called upon to do so.

For detailed instructions on applying for a provisional I-94 and retrieving an electronic I-94 record visit CBP’s I-94 website at https://i94.cbp.dhs.gov/home.  Mistakes on your I-94 record can be corrected by either visiting or emailing any of the 70+ Deferred Inspection sites. https://www.cbp.gov/about/contact/ports/deferred-inspection-sites

Failing to register and carrying evidence of registration if age 18 or over can lead to significant criminal and civil penalties such a misdemeanor conviction, civil fines of up to $5,000 or imprisonment of up to 180 days (or 6 months) as well as immigration consequences such as being removed or deported for fraudulent registration.

Disclaimer: The information provided in this blog post is for general informational purposes only and does not constitute legal advice.  While efforts are made to ensure the content is accurate and up to date at the time of publication, laws and regulations may change, and the information may no longer be current.  You should consult a qualified legal professional for advice specific to your situation.

[1] For a full list of who is already considered to be registered as well as the documents designated as evidence of registration see https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-264/section-264.1