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LAW: THE I-94 FOR CANADIANS

Date:

Recently, many readers have written to us with questions about the I-94 form for returning to Florida by land. We asked Marc-André Séguin, the co-founder and an immigration lawyer at Exeo (Canada, U.S., Mexico), to shed some light on the subject.

Mr. Séguin reminds us that the I-94 confirms our status while we are in the United States. It is issued to non-U.S. citizens upon each entry into the U.S., but Canadians, who are exempt from visas to enter the U.S., are not automatically provided with this form. Therefore, this formality is not necessarily applicable when crossing the land border.

When entering by air or sea, however, Canadians are automatically registered in the federal computer system and receive an electronic I-94 that can be printed out.

What you need to know

As a Canadian, to receive an I-94 when crossing the U.S. land border, you must pre-register for a provisional I-94 on the official Department of Homeland Security website within seven days before your planned entry (https://i94.cbp.dhs.gov/payment/document-apply). Pre-registration costs US$6.

When crossing the U.S. land border, a customs officer will issue you an electronic Form I-94. You will then need to print it and keep a copy with you at all times.

If you have not pre-registered before crossing the land border and plan to stay in the United States for 30 days or more, you will have to fill out Form G325R. According to Mr. Séguin, this form is « much more intrusive. » He recommends having a lawyer with you to help you complete it, given the types of questions asked. Please note that the G325R does not replace the I-94. It allows you to register so that the I-94 can be issued to you.

« Even if you filled out the G325R last spring for a particular visit to the United States, it is no longer valid. The G325R is for stays of 30 days or more,” explains the immigration expert. For each new stay, you must either travel by air, apply for the I-94 in advance, or use the G325R form to have the I-94 issued once you are in the United States. “

The I-94 is simpler and less intrusive. Of course, if you travel by air or sea, it will be issued automatically. For example, if you decide to transport your vehicle from north to south this year and fly to Florida, the I-94 will be issued automatically and electronically. Then, you can print it out.

Tips:

If you are planning a trip of 30 days or more in Florida and want to ensure that you comply with the law, Maître Séguin recommends the following:

First, make sure that an I-94 has been issued and check if you are eligible for it, because there is no point in pre-registering for the I-94 if you are flying, for example. Next, check if you already have an I-94 before filling out a G325-R. Don’t hesitate to seek a lawyer’s assistance with the G325-R because of the types of questions asked. Don’t assume that if things worked a certain way before, they will continue to work the same way in the future. Since the system has changed, you must comply with it properly. Don’t underestimate the consequences of not complying with the law. This can result in imprisonment, hefty fines, and an inability to travel to the United States, sometimes permanently. It’s important to take these things seriously and do them properly. Finally, if applicable, always carry proof of your registration because there are penalties for not having it, and the regulations specifically state that you must have a paper copy. There is no mention of a digital copy. Print out copies of your I-94 and keep them wherever you might be asked for it: in your car, at home, in your wallet or purse, and in your beach or golf bag. « Just in case, » adds Mr. Séguin.

« We’ve seen it, especially in recent months. U.S. immigration authorities are on the lookout, and this is not something to be taken lightly. We want to ensure that we are as compliant as possible to avoid trouble. If you get into trouble with immigration, know that you don’t have a constitutional right to a lawyer. Undocumented individuals, even those in detention, can be represented by a lawyer, but they must pay for it themselves. To avoid uncomfortable situations, make sure you’re compliant so you can enjoy your stay in Florida with peace of mind.

For more information, visit www.exeo.ca.

QUESTION: Can Canadians request an I-94 directly from the customs officer at the land border without applying for it in advance on the website and without paying?

Mr. Séguin replies:

« The question indicates to me that there is some confusion. Here’s why:

– Canadians entering the United States by land are de facto exempt from the I-94. They do not need it. This is true;

BUT (and this is what seems to confuse many people):

– That said, they are HOWEVER required to register if they are spending 30 days or more in the US. For Canadian visitors, this can be done in three ways: (1) by air; (2) request the I-94 BEFORE crossing the border; or (3) complete the G-325R after crossing the border.

– Canadians who do not request the I-94 in advance and who must register afterwards must do so via the G-325R

– Canadians who request the I-94 in advance do not have to fill out the G-325R. The advantage here is that the G-325R is more complex to fill out, in addition to being much more intrusive.

– If you request the I-94 in advance, you MUST pay the fee. It is not possible to obtain one free of charge, according to information published by the authorities.

Therefore, the I-94 is not automatic for Canadians. It is also not mandatory for Canadians to request it in advance. In fact, Canadians are often admitted under B-2 status without this being necessary. BUT, if you spend 30 days or more in the US, new obligations apply, and then everything I just wrote in the previous sentence is irrelevant. You are now required to register in a manner approved by the authorities. Applying for the I-94 in advance then becomes one of the ways to comply.

I hope this clarifies the issue. »

UPDATE FROM THE OFFICIAL CBP WEBSITE:

For the past few days, the official website of the CBP (Customs and Border Protection) agency for the I-94 https://i94.cbp.dhs.gov/home has been displaying a red banner as shown below.

It announces that, as of September 30, 2025, all foreigners arriving in the United States by land will no longer pay $6 to obtain the I-94, but $30. An additional $24 will be required.

We do not yet know if this fee will also apply to Canadian tourists, but for the moment there is no indication that they will be exempt.

Please share your feedback with us during your next visit by land: info@lesoleildelafloride.com

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