Extended Stays and Summer Travel for Visitors to the U.S. Now Face Stricter Enforcement

U.S. immigration and travel enforcement policies in 2025 have been significantly tightened, directly impacting Canadian citizens and U.S. nonimmigrant visa holders by introducing new registration requirements, stricter documentation rules, and heightened scrutiny for those entering or staying in the United States.

• For Canadians: Starting April 11, 2025, Canadian citizens staying in the U.S. for more than 30 days (such as snowbirds, long-term visitors, and property owners) must register with U.S. Citizenship and Immigration Services (USCIS) or face fines and possible criminal penalties. This marks a major policy shift, as Canadians were previously exempt from such requirements unless issued a visa or I-94. Now, most Canadians entering by land for extended stays must comply, while only certain categories (such as dual citizens, green card holders, and those issued I-94s by air) are exempt. Parents must also register children turning 14 during their stay.
• For All Foreign Nationals (including U.S. nonimmigrant visa holders): Summer travelers and all foreign nationals should expect increased scrutiny, longer processing times, and possible travel bans. Travelers are urged to ensure all documentation is in order, consult with immigration counsel when needed, and be prepared for more rigorous enforcement at U.S. ports of entry. Those with prior law enforcement interactions or pending immigration applications face particular risks.
   

Read below for more detailed information on considerations that apply to U.S. nonimmigrant visa holders and Canadian citizens.

U.S. Nonimmigrant Visa Holders 

As the busy summer travel season approaches, we encourage foreign nationals holding U.S. nonimmigrant visas to take certain precautions to ensure their smooth reentry into the U.S. in this climate of stricter immigration policies and enforcement thereof. Our recommendations include:

Prior to Departing the U.S.

• Consult with a qualified immigration attorney to assess risks to their reentry to the U.S., including maintenance of status, potential travel bans, political activity, minor infractions, arrests and/or criminal convictions, and any other considerations.
• Ensure the validity of foreign passport (at least 6 months beyond their period of admission), U.S. visa and underlying applicable nonimmigrant visa petitions.
• Obtain valid travel signatures from Designated International Student Advisors (DSOs) prior to departing the U.S. for any Foreign students traveling on F-1 visas. I-20 travel signatures are valid for one (1) year from the issue date.
• Secure valid Advance Parole Documents to reenter the U.S. pertaining to most applicants for Adjustment of Status

Note

• Applicants for Adjustment of Status with valid H or L visas generally do not need Advance Parole Documents to reenter the U.S.
• Foreign nationals with pending extension applications/petitions should not depart the U.S. without consulting their immigration attorney, as traveling may lead to a denial of their pending extension applications/petitions due to abandonment of the underlying extension application or petition.

While Outside the U.S.

• Foreigners traveling to obtain new nonimmigrant visa stamps at U.S. Consulates overseas should expect increased scrutiny at interviews and visa issuance processing delays.
• Although the U.S. government has not imposed travel bans, foreigners from countries that in the past have been subject to travel bans, should consider these risks and/or reconsider their plans.

After Reentering the U.S.

• All foreign nationals must download their I-94 Forms upon entry to the U.S. to ensure they are admitted for the appropriate period.

Canadian Citizens Affected by the New Registration Requirements

U.S. Citizenship and Immigration Services has revived the Alien Registration Requirement as of April 11, 2025. This historic requirement, which was first introduced as the Alien Registration Act of 1940, anticipated that in times of war, foreign nationals would be required to register with the U.S. government to make their presence known. For the first time, Canadian citizens will be subject to some of these registration requirements in specific circumstances. 

It is important to review those who might be affected by the regulation and its provisions, in general. The imposition of the registration requirement is reminiscent of the post 9/11 registration requirement known as “NSEERS” (National Security Entry-Exit Registration System) which was enacted in September 2002 by President George W. Bush, as part of the administration’s War on Terrorism. The focus was on 25 countries specifically. The new requirements applied globally to all citizens. 

Mandatory Registration Requirement Criteria  

 Any Canadian citizen entering at land ports who may not have been issued Form I-94 (arrival/departure record) and has plans to remain in the United States for more than 30 days. 

This rule would apply to snowbirds, for instance, and to Canadians who are generally admitted routinely for a period of 6 months. The fee for the issuance of an I-94 form is $6.00 per I-94. Form I-94 may be downloaded here: https://i94.cbp.dhs.gov/home.

Children turning 14 during their stay in the U.S. must also comply with the registration requirement.

Exemptions from the Registration Requirement 

• Dual U.S./Canadian citizens
• Lawful Permanent residents of the United States (green card holders)
• Canadian citizens who arrived in the U.S.  by air, have been issued an I-94 when admitted by land, issued a visa which was used to enter the United States or those issued an employment authorization document.

How Do Canadian Citizens Register?

• Access the USCIS website here: https://myaccount.uscis.gov/signin
• Create individual accounts for each family member, including children.
• Complete and submit Form G325R – this may be accessed and submitted through the website,

Note

Be certain to always carry proof of registration. Exempt individuals should always have with them their Forms I-94 printout, permanent resident card, or employment authorization card.

USCIS also indicates that the failure to register is considered a criminal offense and can result in fines up to $5000.00 and/or imprisonment of up to six months. The registration provisions indicate further that this applies to parents or guardians who fail to comply with the requirement.

A reminder as well that a failure to notify USCIS regarding a change of address within 10 days of the move could also result in a fine up to $5000.00 and/or imprisonment of up to 30 days. Failure to register a change of address is considered a criminal offense and per the regulations, may also result in deportation. The change of address form may be found here: How to Change Your Address | USCIS.

How Tarter Krinsky & Drogin Can Help

The Business & Corporate Immigration Practice at Tarter Krinsky & Drogin is following updates to travel considerations this summer. Please reach out to a member of our team with any questions.