Confusion at the border: Mixed messages leave Canadians wondering if they need an I-94 form

As some Canadians head south for the winter, many are learning about an updated U.S. border rule. Anyone planning to stay longer than 29 days now needs to register for an I-94, a form that records entry into the country.

The change took effect earlier this year, and the process can include fingerprints, photos and a $30 USD fee. For many travellers, it’s creating confusion at the border.

“The I-94 is really a document that is issued by the U.S. government when you enter the U.S. and explains your status,” said Patrice Brunet, a Canadian immigration lawyer.

While the form itself isn’t new, how it’s being applied now is.

“I’ve had couples who’ve literally been in the same car, driving through the same port of entry at the same time, get the same officer. One is issued an I-94 and the other one isn’t. So it’s a really kind of murky, convoluted system,” said Len Saunders, a U.S. immigration lawyer.

The change officially took effect this spring, and lawyers warn that failing to register could cause problems later on.

“That’s very important to I-94, Canadians who are going to go to the U.S. for more than 30 days, because if you don’t do that, then you’re subject to fines, you know, consequences, they could even restrict your status, your probability to go back to the U.S. afterwards,” said Brunet.

Saunders added, “It’s unfortunate that it’s another deterrent for Canadians coming down here to spend their money.”

With heightened border scrutiny and reports of ICE raids across the U.S., Brunet says it’s crucial Canadians carry proof of registration, something U.S. border officers can ask to see at any time.

“You need to have that proof of registration on you. You can’t be in your car, can’t be at your home, at your new condo, so you have to have it on your phone. It can be in paper form, preferably, but it can also be in electronic form on your phone,” said Brunet.

But the uncertainty is already affecting cross-border travel, and some Quebecers say they’ll simply stay away until the rules are clearer.

“I find it’s a bit exaggerated… We aren’t a third-world country, we’re their neighbours. I don’t understand why they are making Canadians do this because as a result, a lot of snowbirds won’t go because of this,” said Benoit Boucher, a Quebecer.

Jean Legault, a Quebecer, said, “Right now, a lot of people, Canadians that I know, are selling their homes, they’re selling their condos and some are coming back to purchase homes in Canada so until it changes it’s not a good time for us to go there.”

While Doris Desjardins, a travel agent, said, “It’s maybe not fear, but a big change. People are more hesitant, more cautious.”

But others who’ve already crossed say the process was quick and painless.

“I gave them my passport, asked for the I-94, they took my fingerprints and photo — ten minutes, that’s it,” said Daniel Girouard, a snowbird from Quebec who is in Florida.

Some travellers say the message isn’t clear, claiming they were told at the Lacolle border that the I-94 form wasn’t even required.

“You Canadians, all those questions, you’re all asking the same questions,” said Jacques Girard, a snowbird from Quebec. “I said, ‘What do you mean?’ He said, ‘You don’t need it. You can fill out the I-94 if you want to, but that’s a $30 USD process.’”

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How to navigate the I-94 process

Lawyers advise Canadians to wait until after entering the U.S. before taking any action:

• Cross the land border first. Do not prepay or request an I-94 online before arrival — U.S. officers at land ports may not have capacity for everyone.
• Check your I-94 record online after entering the U.S. using the CBP I-94 portal
• If your I-94 accurately reflects your most recent arrival date and the correct/updated admit until date, no further action is required. If it does not, then proceed with the next step.
• If you don’t have one, fill out the USCIS G-325R registration form online. This is free and doesn’t require biometrics. It tells Homeland Security your length of stay and address.
• Carry proof of your I-94 or registration with you at all times.

For travellers seeking a paper copy, you can print it from the CBP I-94 website or via the CBP Link mobile app. Those applying for a provisional I-94 online must still visit a port of entry within seven days to finalize the form and submit biometrics.

Verify your I-94 each time you re-enter the United States to ensure it accurately reflects your most recent arrival date and the correct/updated admit until date.

Note that the I-94 is automatically issued when travelling by air.

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Additional tips from CBP

• One payment can cover up to 100 applicants if applying online.
• If an application is not finalized within seven days, it expires and must be reapplied for (no refunds).
• Retain the I-94 for future employment, travel, or verification of status.

For detailed instructions and FAQs, the U.S. Customs and Border Protection I-94 Fact Sheet provides step-by-step guidance for travelers.