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Canadian citizens historically have enjoyed visa exemption and verbal inspection at land borders without formal documentation — but that is shifting with the new requirement, says Berardi Immigration Law in a post outlining the new requirements in .Ìý

The Canadian Snowbird Association says the organization is working with U.S. congressional representatives in an attempt to have the registration requirements amended to exempt Canadian travellers from having to register with USCIS, according to a .

What is required?

On Jan. 20, U.S.Ìý, which directed the Department of Homeland Security (DHS) to ensure that non-citizens register with the government under section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302).

The U.S. government says all non-citizens 14 years of age or older, with some exceptions, who weren’t fingerprinted or registered when applying for a U.S. visa and who remain in the United States for 30 days or longer must apply for registration and fingerprinting.

Parents and guardians must ensure that their children below the age of 14 are registered. Within 30 days of reaching turning 14, the previously registered child must apply for reregistration and be fingerprinted.

How do I register?

The DHS announced a form and process for visitors to complete the registration requirement.

Beginning Feb. 25, those required to register should create a in preparation for the registration process. See the page for more information.

Once the registration process is implemented, those who will need to register can submit their registration, and parents and guardians will submit registration applications on behalf of their children under 14, through their USCIS online account.

What happens if I don’t comply?

If you don’t comply with the registration requirements, it could result in civil and criminal penalties such as misdemeanour prosecution and fines.

Who must apply?

• People who are 14 years of age or older who were not registered and fingerprinted, if required, when applying for a visa to enter the U.S. and who remain in the U.S. for 30 days or longer. They must apply before the expiration of those 30 days.
• The parents and legal guardians of visitors less than 14 years of age who have not been registered and remain in the U.S. for 30 days or longer, prior to the expiration of those 30 days.
• Any non-citizen, whether previously registered or not, who turns 14 years old in the U.S., within 30 days after their 14th birthday.

Who isn’t registered?

Anyone who has not been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b) and has not submitted one of the forms designated at 8 CFR 264.1(a) and provided fingerprints (unless waived) is not registered. Non-citizens who have not registered include:

• Non-citizens who are present in the United States without inspection and admission or inspection and parole;
• Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration; and,
• Non-citizens who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for Deferred Action for Childhood Arrivals or Temporary Protected Status, who were not issued evidence of registration.

Who has already registered?

The U.S. government says anyone who has been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b) has registered.

Anyone who submitted one of the forms designated at 8 CFR 264.1(a) and provided fingerprints (unless waived) and was not issued one of the pieces of evidence designated at 8 CFR 264.1(b), complied with the registration requirement of INA 262.

People who have already registered include:

• Lawful permanent residents;
• Non-citizens paroled into the United States under INA 212(d)(5), even if the period of parole has expired;
• Non-citizens admitted to the United States as non-immigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired;
• All non-citizens present in the United States who were issued immigrant or non-immigrant visas prior to arrival;
• Non-citizens whom DHS has placed into removal proceedings;
• Non-citizens issued an employment authorization document;
• Non-citizens who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, even if the applications were denied; and,
• Non-citizens issued Border Crossing Cards.

This publication reached out to the Canadian Snowbird Association, but we have not yet received a response.ÌýFor advice specific to snowbirds, visit the  for more information.Ìý