Surge in Canadians Seeking Immigration Help w/ Registration Reqs.
By James Larsen, Managing Attorney
Over the past few months, we've seen a sharp uptick in Canadian nationals reaching out for help with U.S. immigration matters—whether it's renewing green cards, exploring U.S. citizenship, or clarifying their legal obligations while living in the United States.
This rise in interest is no coincidence. While Canadians are unique in being visa-exempt and able to enter the U.S. as visitors with relative ease, recent developments under the Trump administration have introduced new challenges and legal risks for long-term Canadian residents in the U.S.—especially those who have not formally registered with the Department of Homeland Security (DHS).
What’s Changed?
On January 20, 2025, President Trump signed Executive Order 14159, directing DHS to begin strict enforcement of longstanding but often overlooked registration requirements under the Immigration and Nationality Act (INA § 262). These rules require most noncitizens who stay in the U.S. for more than 30 days to:
- Register with DHS
- Provide biometric information (e.g., fingerprints)
- Carry proof of registration at all times if age 18 or older
The order made failure to register a civil and criminal enforcement priority. As of April 11, 2025, DHS began enforcing this mandate through a revised rulemaking process.
Why Does This Matter for Canadians?
Many Canadians live in the U.S. for extended periods without realizing they may be out of compliance. Because they can cross the border frequently, often without a visa, there’s a perception that their stay is informal and flexible. But if a Canadian national remains in the U.S. for more than 30 days—whether with or without a formal visa—they are subject to the same federal registration requirements as any other noncitizen.
This includes many who:
- Entered via a land border without formal documentation
- Have never been fingerprinted by USCIS or CBP
- Live and work under older green cards without recent updates
- Never transitioned to citizenship after years of residency
Who Must Register?
You must register if:
- You are 14 or older and have been in the U.S. for more than 30 days
- You were not fingerprinted during your visa process or entry
- You entered without inspection or parole
- You are a parent or guardian of an unregistered child
- You recently turned 14 and were previously registered by a parent
Who Is Exempt?
You are exempt if you:
- Hold diplomatic visas (A or G)
- Are an American Indian born in Canada under INA § 289
- Are a member of the Texas Band of Kickapoo Indians
- Were waived from fingerprinting by DHS under reciprocal arrangements
How to Check if You’re Already Registered
You’re likely registered if you:
- Filed certain immigration forms (like Form I-485 or others)
- Were fingerprinted by USCIS or received:
- An I-94 or Green Card
- An Employment Authorization Document (EAD)
- A Notice to Appear (I-862)
- A Border Crossing Card (I-185/I-186)
What Doesn’t Count?
Some documents do not fulfill the registration requirement, including:
- A state driver’s license or ID
- An application for asylum, TPS, or DACA without fingerprinting
- Entry at a land border without formal DHS processing
How to Register Now
If you haven’t registered:
- Create a USCIS account: https://my.uscis.gov
- Complete Form G-325R (Biographic Information – Registration)
- Wait for a biometrics appointment notice
- Attend your appointment at a USCIS Application Support Center
- Download your Proof of Alien Registration PDF from your USCIS account
Important: This document must be carried at all times if you're 18 or older.
Consequences of Not Registering
Failure to register may result in:
- A misdemeanor charge
- Fines up to $5,000
- Up to 6 months in jail
- Deportation proceedings under INA § 237
- Additional charges for false statements
Registration Is Not Legal Status
Registration does not grant immigration benefits. It:
- Does not authorize you to work
- Does not protect you from deportation
- Does not provide a path to permanent residency or citizenship
It is simply a legal requirement under federal law.
What Should You Do?
If you’re a foreign national in the U.S.—especially if you’ve lived here for years without updating your immigration paperwork—it’s time to take a second look. Whether you need to register, renew your green card, or apply for naturalization, this new enforcement landscape makes it essential to get your legal status in order.
Immigration law changes rapidly. This article is for informational purposes only, reflects the law as of its publication date, and may be superseded by later changes in the law, regulations or agency policy. It is not legal advice, and reading it does not create an attorney-client relationship.La ley de inmigración cambia rápidamente. Este artículo es solo para fines informativos, refleja la ley a la fecha de su publicación y puede quedar superado por cambios posteriores en la ley, las regulaciones o las políticas de las agencias. No es asesoría legal, y leerlo no crea una relación abogado-cliente.