Many of you wrote to us following our article published on The I-94 Made Simple, and we are very grateful to you. Both your questions and comments have been extremely useful in helping us to continue our research and obtain the best possible clarification. Despite the contradictory information on the U.S. Customs & Border Protection website https://i94.cbp.dhs.gov/home, let’s take stock of the situation.
B-1/B-2 status, including “snowbirds”
On the U.S. Embassy & Consulates in Canada website, regarding what the Foreign National Registration Act means for Canadians in the United States, it states: « Need to Register: Canadian citizens who entered the United States visa exempt at land ports of entry and were not issued Form I-94 will need to be registered if they intend to stay in the United States for at least 30 days in a single visit. These Canadian citizens primarily comprise those admitted as nonimmigrants in B-1/B-2 status (temporary visitors for business or pleasure), including so-called “snowbirds,” who did not ask to be issued a Form I-94 at a U.S. land port of entry. » Cliquez ici.
Reminder from Mr. Séguin
Mr. Séguin, co-founder and partner at Exeo, replied to us by email on August 28: « Canadians entering the United States by land are de facto exempt from I-94. They do not need it. This is true; BUT (and this is what seems to confuse many people):
- That said, they are STILL 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) by requesting the I-94 BEFORE crossing the border; or (3) by completing 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.
So the I-94 is not automatic for Canadians. Nor is it mandatory for Canadians to request it in advance. And indeed, 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 are added, 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 becomes one way to comply.
When crossing the border, the customs officer should then issue the I-94 in the system, and a digital copy can be retrieved later to be printed.
For the procedure to follow: Cliquez ici.
Remember that the application for a provisional I-94 costs $6 and that the CBP website states that an additional $24 fee will be charged starting September 30, 2025.
Request to land customs authorities?
No one can confirm whether it is possible to obtain an I-94 directly at land customs without pre-registering. It is possible that the customs officer will let you through without issuing an I-94, especially if you have already entered and left the United States before. In this case, you will need to regularize your status with a G-325R form if you are staying in the US for 30 days or more.
It is recommended that you check your online registration within the first 30 days of your visit in order to print a copy to keep with you at all times. To check your registration: Cliquez ici. If your I-94 was not generated automatically, you can fill out Form G-325R with U.S. Citizenship and Immigration Services (USCIS). Cliquez ici.
What happens if I leave the United States and then return?
The Frequently Asked Questions (FAQ) section on the ca.usembassy.gov website states: « The requirement to register applies to stays in the United States for 30 days or longer from the date the visitor was most recently admitted. The requirement is not cumulative over multiple stays in the United States. When the visitor departs the United States, this “clock” essentially resets. For example, a visitor is admitted into the United States and returns to Canada after 15 days. Later that year, the visitor takes a second trip to the United States and returns to Canada after 20 days. Since each of these stays in the United States is less than 30 days, the visitor does not need to register. »
Nexus
According to our research, if you are a Canadian citizen with a NEXUS card, this does not automatically entitle you to an I-94 form. Therefore, if you plan to stay in the United States for 30 days or more, you must register with the U.S. government under the new foreign registration rule. Although your NEXUS card allows you to enter the United States without a traditional passport, the 30-day rule requires separate registration in order to comply with DHS regulations.
DHS – CBP – USCIS
It is important to note that the U.S. Department of Homeland Security (DHS) – DHS) is the federal agency responsible for overseeing national security, while U.S. Customs and Border Protection (CBP) is a specific component within the DHS, primarily responsible for the security of U.S. borders and points of entry, trade regulation, and customs enforcement.
The DHS is also the parent department that oversees USCIS (U.S. Citizenship and Immigration Services), an agency responsible for administering immigration benefits such as green cards and citizenship applications, as well as Form G-325R for visits of 30 days or more to the United States.
Call for your testimonials
Your testimonials mean so much to us and our readers, especially during this time of change. For example, on September 13th, a reader reported crossing the land border at St-Bernard-de-Lacolle with his receipt for two I-94 forms, each costing $6. When they informed the customs officer that they would be staying in the US for two months, he said, “You don’t need that, you’re Canadian. You just wasted your money.” Once in the US, our reader confirmed that they had checked the CBP system https://i94.cbp.dhs.gov/search/recent-search, and still couldn’t find the I-94 even though the couple had pre-registered within seven days prior to entering the US. However, the law is the law! And it seems that for now, the rules are not being communicated at all levels within the DHS. Then, as of September 30, the pre-registration fee will increase to $30.
Remember that once you are on U.S. soil, you still have the option to fill out Form G-325R free of charge within 30 days of your arrival.
Share your land crossing experience with us: info@lesoleildelafloride.com
