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Travel Warning

DHS Updates Alien Registration Rules Effective April 11, 2025, Impacting Canadian Nationals

Client Alert!

The Department of Homeland Security (DHS) published an Interim Final Rule titled “Alien Registration Form and Evidence of Registration.” The rule, which takes effect on April 11, 2025, mandates that all non-U.S. citizens present in the U.S. for 30 days or more register their physical presence and provide fingerprints. This rule stems from the January 20, 2025, Executive Order signed by President Trump, titled “Protecting the American People Against Invasion.”

Key Changes Under the New Rule

The new regulation enforces Section 262 of the Immigration and Nationality Act (INA), requiring all foreign nationals aged 14 and over to apply for fingerprinting and registration unless they were fingerprinted during the visa or admission process. Historically, Canadian nationals were exempt from this requirement when entering via land ports of entry. However, DHS has now confirmed that this exemption will no longer apply.

Who is Impacted?

Canadian nationals who:

  • Are 14 years of age or older
  • Enter the U.S. via a land port of entry
  • Are admitted as visitors for business (B-1) or tourism (B-2)
  • Remain in the U.S. for more than 30 days

How to Comply with the Registration Requirement

1. Obtain an I-94 Admission Record in Advance

  • Visit the U.S. Customs and Border Protection (CBP) I-94 website: https://i94.cbp.dhs.gov/home
  • Select “Apply for new I-94” or “Apply Now”
  • Enter the required information and pay the $6 fee
  • Download or print the I-94 record
  • Present it to U.S. CBP at the port of entry and request fingerprinting

2. Register from Within the U.S.

If an I-94 was not obtained at entry, Canadian nationals can submit USCIS Form G-325R and attend a biometrics appointment:

  • Create a MyUSCIS account: https://www.uscis.gov/file-online/how-to-create-a-uscis-online-account
  • Select “File a Form Online” and choose G-325R, Biographic Information (Registration)
  • Enter the required details, digitally sign, and submit the form (no filing fee required)
  • USCIS will issue a Biometrics Appointment Notice with the date, time, and location of the appointment
  • Attend the biometrics appointment and retain proof of compliance

Who is Exempt from the Registration Requirement?

  • Canadian nationals staying in the U.S. for less than 30 days
  • Canadian nationals who are U.S. lawful permanent residents
  • Canadian nationals who receive an I-94 at entry
  • Canadian nationals under the age of 14 (but must comply upon turning 14)
  • Canadian nationals who have been fingerprinted for a visa application
  • Holders of A and G visas
  • American Indians born in Canada with at least 50% American Indian blood under 8 U.S.C. §1359

Carrying Evidence of Registration

All foreign nationals over the age of 18, including Canadian nationals, must carry proof of registration with DHS at all times. Acceptable documents include:

  • Form I-94 (Admission Record)
  • Form I-95 (Crewmen’s Landing Permit)
  • Form I-185 or I-186 (Border Crossing Cards)
  • Form I-551 (Permanent Resident Card)
  • Form I-766 (Employment Authorization Document)
  • USCIS receipt notice for Form G-325R and proof of completed biometrics

If you need further assistance or clarification, please email us at Davidson Law Group.

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Dana Davidson - Full Bio

Dana T. Davidson holds degrees from the Benjamin N. Cardozo School of Law and State University of New York at Stony Brook and has been practicing immigration law since 2003 in New York and nationwide. She represents corporations, individuals, and families in a broad range of immigration matters. Attorney Davidson has offices in New York City and Glen Cove.
 

Education

  • Benjamin N. Cardozo School of Law, Yeshiva University, New York, New York
  • Juris Doctor – 1988
  • Honors: Moot Court Board, Member, Judge
  • State University of New York at Stony Brook, Stony Brook, New York
  • Bachelor of Arts – 1982
  • Major: Political Science
  • Concentration: Business


Pro-Bono Activities

  • Safe Passage Project, Volunteer Attorney, 2013-Present
  • Educating the Educators, Founder, 2012-Present
  • Momentum Project, Board Member, 1991-1994 Bar Admission
  • New York, Eastern District
  • New York, Southern District
  • Washington, D.C.

Speaking Engagements
 
  • AILA RDC-EMEA Spring Conference 2018, Berlin, Germany, Speaker on “Public Charge” panel
  • AILA RDC-EMEA Fall Conference 2018, Johannesburg, South Africa, Speaker: “Practice Management in the New Age” panel
  • AILA RDC-EMEA Spring Conference 2018, Madrid, Spain, Speaker: “El Traje de Luces: Self-Sponsored Petitions – EB-1A and NIW”  AILA RDC-EMEA Spring Conference 2017, Brussels, Belgium, Speaker: “Continuing Blanket L Challenges”
  • Safe Passage Project, March 2017, Speaker: “Representing Unaccompanied Minors: Special Immigrant Juvenile Status and the Effects of President Trump’s Executive Orders on Immigration”
  • AILA RDC-EMEA Fall Conference 2016, Speaker: “It’s Not About Money: I-864”
  • AILA RDC-EMEA Spring Conference 2016, Vienna, Austria, Speaker: “K-Visa: Differences Between K-1 and I-130 Processing”
  • New York Institute of Technology’s Center for Entrepreneurship, January 2016, Entrepreneur/Executive-in-Residence
  • AILA Fall Conference 2015, London, UK, Speaker: Impact of joint sponsors on family-based cases
  • Goldman-Sachs 10,000 Small Business Education Program, October 2014, “What is required to grow a business?”
  • Dowling College, May 2013, Keynote Speaker at the first annual Latino Summit at Dowling College
  • International Taxation Conference, 2010