As snowbirds flock to the border to escape the Canadian winter, many are facing new U.S. registration requirements for the first time.
The rule is which came into force in April under the Trump administration, requires Canadians staying in the country for more than 29 days to register with the US government.
Regulation sounds simple, but it is actually complex. Not all long-stay travelers need to register, and for those who do, there are several ways to complete the process.
To further complicate matters, there is no central US government website outlining all the options for travelers, and those who check in at the border will likely be photographed, fingerprinted and charged US$30.
“It's confusing, there's no common sense in the way they're implementing it,” said U.S. immigration lawyer Len Saunders, whose office is located near the border in Blaine, Washington.
Saunders says he receives several calls a day from Canadians desperate for clarity on the new rule.
“Nobody knows how it works.”
To avoid any confusion, here's information CBC News has gathered about the new rules.
Option 1: Register at the border
Airline passengers are generally exempt from the registration requirement because they are typically issued a Form I-94, an electronic record of arrival. However, travelers crossing the land border often do not receive it.
Upon arrivalval, all travelers are welcomen check this US Customs and Border Protection web page to see if they automatically received Form I-94.
To ensure they meet the registration requirements, lang travelers can pre-apply online for their Form I-94 within seven days of entering the US, or they can complete the entire process at the border.
US Customs and Border Protection (CBP) told CBC News that whichever method they choose, travelers will be fingerprinted, photographed and charged a $30 processing fee.
“These actions are required under U.S. immigration law to enhance border security, verify the identity of travelers, and ensure compliance with U.S. entry and exit requirements,” CBP spokeswoman Jessica Turner said in an email.
CBC News interviewed five snowbirds who received I-94 at the border. They each stated that they were photographed, fingerprinted and charged a fee.
The three mentioned border guards offered to complete the procedure at the border, and they agreed. Two others, including Brenda Page of Calgary, said they had no choice.
“It wasn't like, 'Do you want your photo to be [taken]? said Paige, who crossed the border from Alberta on Oct. 2 with her husband Dan.
“It was simple, that's the way it's done, and you just do it and get in line. We want to keep coming back every year, so we just did it.”
Many Canadian snowbirds crossing the land border into the United States have been told they must be photographed and fingerprinted as part of a new registration process.
US immigration lawyer Jennifer Boehm says it's up to border officials to decide how to treat long-stay travelers.
“They have every right to decide how they screen and accept Canadians.”
Saunders believes most border agents allow snowbirds through without registering at the border because they don't have the resources to process I-94 for everyone.
“They have no officers, no parking for hundreds of campers,” he said. “I don’t think they want to deal with it because it’s a logistical nightmare.”
Several snowbirds told CBC News and many others reported on social media that they crossed the land border without mentioning the need to register.
Shelton Papple of Brantford, Ontario, entered the United States from Ontario on November 3. Snowbird said a border agent asked him where in the U.S. he was going, but did not ask him how long he planned to stay.
“I told him I was going to Fort Myers, Florida, and he… didn’t say anything about anything,” Papple said. “I would say the total time there was less than a minute.”
Option 2: Register in the USA.
Snowbirds who cross the border without obtaining an I-94 must still be required to register, Saunders said.
Those who fail to do so face a fine of up to $5,000 or imprisonment.
Saunders says U.S. Immigration and Customs Enforcement (ICE) officials are unlikely to patrol gated snowbird communities in Florida. But he notes that the Trump administration is taking a tough stance on illegal immigrants.
“Who knows what could happen under the current administration?”
Saunders and Boehm say snowbirds that don't have I-94 meet registration requirements when at the is US by filling out the US Citizenship and Immigration Services (USCIS) online form called G-325R.
The form is long, but travelers only need to fill out the sections marked with an asterisk. They must provide a US address, but there is no fee or fingerprinting fee for Canadians.
“Don’t be intimidated by the G-325,” Boehm said. “It's not a very clunky application.”
Because he didn't receive Form I-94, CBC News spoke with Papple about Form G-325R, which he filled out at his winter home in Fort Myers. Papple says he's concerned about snowbirds coming into the U.S. unaware of registration requirements.
“Most people [coming] down here I wouldn't have a clue what to do, not the slightest clue.
Form G-325R Warning
Saunders, immigration lawyer, warnsif snowbirds temporarily leave the United States during their winter stay, they G-325R the form is no longer valid upon their return.
“You’ll have to redo this,” he said. However, snowbirds who return to the US by plane will likely not have to fill out the form again because they will automatically be issued an I-94.
Snowbirds David and Jerilee Kermack of Busby, Alta., learned the hard way that G-325R form may have a short shelf life.
The couple said that when they entered the United States from British Columbia last month, a border agent did not offer to process their Form 1-94, but instead told them about G-325R form.
The Kermacs dutifully filled it out as soon as they arrived at their destination in Arizona. But when they returned to the U.S. after a day trip to Mexico on Nov. 3, they learned their registration was no longer valid.
David Kermack says the border officer told them: “It's basically like a contract. If you leave, it essentially expires.”
This time, he said, an officer at the southern border insisted they apply for I-94 on the spot, which included being fingerprinted, photographed and paying $30 each.
Based on their experience, Kermack says when they enter the U.S. next year, they plan to apply for I-94 at the northern land border.
“I-94 expires six months from the date of entry, and you can come and go as you please,” he said.
What about Nexus members?
There is confusion as to whether Nexus cardholders can bypass the registration requirement.
CBP told CBC News on Oct. 21 that they are exempt. However, on November 6, CBP stated that Nexus members are not exempt from paying taxes.
The latter appears to be true, as Snowbird and Nexus member Maureen Adderley of Midland, Ont., reported that when she arrived at the U.S. border on Wednesday, a border officer told her she still needed to register.
Adderley decided to do this at the border and says she waited an hour to be photographed and fingerprinted.
A note about facial biometrics
USA announced the new rule last monthwhich will make it mandatory, starting Dec. 26, for Canadians to be photographed when entering and leaving the country at checkpoints where facial biometric technology is installed.
The technology involves photographing travelers and comparing their faces to photographs in travel documents.
Currently it can be found on allarrivals and at dozens of departure points at US international airports.
The rule, part of America's expanding facial biometrics program, differs from CBP's law.requiring travelers applying for Form I-94 to be fingerprinted and photographed by border officials.
The United States plans to fully implement facial biometrics at land borders next year. CBP told CBC News the technology will capture images of travelers inside vehicles.
Beginning December 26, travelers arriving and departing the United States will be required to take photographs, with full implementation expected by 2026.
