The I-94 Law: What Steps Should Snowbirds Take? in 2025-2026

In 2026, Canadian snowbirds entering the United States will need to comply with specific rules and regulations. It is essential to check entry requirements, including passport and visa regulations, as well as rules regarding extended stays. Additionally, new regulations may affect snowbirds, particularly concerning mandatory registration with the U.S. government for stays longer than 30 days.

General Entry Requirements

Passport:
A valid Canadian passport is generally required to enter the United States.

Visa:
Canadians can usually stay in the United States for up to 182 days per year without a visa, but there are exceptions.

Registration:
Since April 11, 2025, Canadians staying in the U.S. for 30 days or more may be required to register with the U.S. government, depending on how they entered the country.

New Regulations

Registration:
Canadians entering the U.S. by land and planning to stay longer than 30 days may be required to register with the Department of Homeland Security.

I-94 Form:
Snowbirds are advised to check whether an electronic I-94 form has been issued upon arrival in the United States.

Penalties:
Failure to comply with registration requirements could result in fines or even criminal penalties.

Potential Legislation

Canadian Snowbird Visa Act:
A bill has been introduced in the U.S. Congress that would allow Canadian snowbirds aged 50 and older, who own or rent a residence in the United States, to stay for up to 240 days per year instead of the current 182 days.

Current Status:
This bill has not yet become law and must go through the U.S. legislative process.

Tips for Snowbirds

• Check requirements:
  Before traveling, consult the website of the U.S. embassy or consulate for the latest entry requirements.

• Register if necessary:
  If planning to stay 30 days or more, ensure you follow the appropriate registration process.

• Keep your documents:
  Always carry required documents, including proof of registration if applicable.

• Consult a professional:
  If you have specific questions about your situation, seek advice from an immigration or travel consultant.

Note: This information is general and may be subject to change. It is always best to check official sources for the most up-to-date details.

Traveling to the United States for More Than 30 Days

Seven days before crossing a land border, you can apply for and pay for a provisional I-94 form online via https://i94.cbp.dhs.gov/home or using the CBP One™ mobile app to speed up processing.

Please note that the I-94 obtained online is provisional and represents only the first step of the application process. To obtain the final, legally valid I-94, you must appear in person at a port of entry to complete the remaining steps. At that time, you will not receive a paper form; instead, you will receive a receipt that you should print and keep for your records.

At the port of entry, a CBP officer can access your provisional I-94 in the CBP (Customs and Border Protection) system using the same travel document (passport or border crossing card) used for your application.

If you do not present yourself at the border within seven days, your provisional I-94 will expire, and you will need to submit a new application and pay the fees again. No refund will be issued if the I-94 is not finalized within this timeframe.

After Completing the Online Provisional I-94 Application, What Should You Bring to the Border to Finalize Your I-94 Process?

To complete your provisional I-94 application, you must:

• Provide biometric data (fingerprints or facial scan, if required) at the port of entry and complete an interview.

• Be prepared to show proof of residence, employment, and/or travel plans if requested by the Customs and Border Protection (CBP) officer.

• If approved, you will receive an electronic I-94 form. Travelers can print their own I-94 form from https://i94.cbp.dhs.gov/home using the “Get Most Recent I-94” feature or via the same option on the CBP One™ mobile app.

This form indicates your class of admission and your admission expiration date. If anyone requests proof of your admission status, this is the document you must present. Keep it accessible when traveling and show it to any government official, law enforcement officer, organization, institution, or employer who requests proof of legal admission.

For further information, always follow ACS CSA updates at https://www.snowbirds.org/news-releases/registration-requirement/

Here is the U.S. Customs and Border Protection phone number: 1-877-227-5511

For important news regarding snowbirds, visit https://vrcd.ca/en/blog