Confused about how long Canadians can actually stay in the U.S. and why everyone keeps talking about fingerprints, fees, and I-94s all of a sudden?

This episode sorts out the chaos. Rosanna breaks down the real rules behind snowbird travel, explains why the “six-month rule” was never a guarantee, and shares how border officers actually decide your stay each time you cross. She clears up the media panic around new registration requirements, shows you how to avoid unnecessary hassle at the border, and uses her insider experience as a former inspector to make everything finally click.

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Transcript

Everyone’s talking about U.S. immigration law, but nobody really knows how it works. I’m Rosanna Berardi. I’m the daughter of an immigrant, a former immigration inspector at the border, university professor, and founder and managing partner of Berardi Immigration Law.

I’ve done nothing but U.S. immigration law for over 30 years, and it’s time to stop the misinformation on all sides. I’m going to tell you how it all works, the inside story. This is Immigration Weekly with Rosanna Berardi.

Setting the Scene

Hello and welcome to the Berardi Immigration Law Canadian Snowbird webinar. Now, this is a hot topic. Why?

It’s getting cold outside. A lot of Canadians are headed south to the United States or to Arizona to enjoy the warm weather. Now, there’s a lot of talk about snowbirds in the news.

I’ve been doing this for 28 years, and holy crow, you would think that the snowbird concept was brand new, but it’s not. So, in just a minute, we’re going to talk about everything you need to know to cross the border with confidence as a snowbird. Okay, so let’s get started.

I’m Rosanna Berardi, managing partner of Berardi Immigration Law and of counsel to Barclay Damon. Super excited to be here. I have been wanting to dispel the myths of the Canadian snowbird my entire life.

No, for real. Spent a dollar for every time a Canadian said to me, well, I can stay six months in the U.S. I probably wouldn’t be working right now. So, let’s unpack this.

What is going on? What’s new? What’s old?

Yada, yada, yada. The best place to always start anything is with the law. We’re going to talk about what the law says.

Understanding the Law

Now, people say all the time, common misconceptions. I can be in the U.S. for six months, or I’m automatically entitled to six months every time I enter the U.S. So, even if I pop out, when I go back the next day, another six months. And as long as I leave for a few days, I can reset my time, right?

Wrong. Why? All right.

Well, our crusty and trusty old Immigration and Nationality Act, last amended in 1996, says, I will read it verbatim, the admission to the United States of any alien as a non-immigrant, meaning a visitor, shall be for such time and under such conditions as the Attorney General may by regulations prescribe. What? Attorney General?

What the hell are they talking about? They’re talking about the Attorney General’s reference is the government. And who is the government when it comes to determining periods of stay and admission in the United States?

Ding, ding, ding, if you answered Customs and Border Protection. The folks at the borders at Pearson Airport, at the Peace Bridge here in Buffalo, they are the individuals that determine your period of stay. So, the immigration law says they have the discretion to decide whatever they want.

Then we have the regulations. The regulation in relationship to the law is how the law is going to be implemented. Stay with me here.

This is not a law school lecture. But the regulation says, any B-1 or B-2 visitor, for pleasure, may be admitted for not more than one year. Whoa, you can stay up to a year?

The regulation says so, but maybe. We’ll see how this goes in practice. So, key point today.

The law really doesn’t say anything about this six-month guarantee, six-month period of time, yada, yada, yada. What does the law say? The law says that every single time you, Joe Smith from Mississauga, show up at the Pearson Airport or at the Lewiston-Queenston Bridge with your Canadian passport or Nexus card, the officer that you speak to gets to determine and decide your period of stay.

Now, for Canadians, it’s very fluid. Think about how many times you’ve crossed that border to go to Key Bank Centre, to see Paul McCartney, to a Bills game, to Disney World. Think of all of your times crossing that border.

Usually, it’s kind of show and go. Citizenship, Canadian, where are you going today? To a Bills game.

When will you be back? Tonight. Have a nice day.

Canadians generally do not get a document in their passport that says, I talked to the government and I have to come back tonight. That doesn’t happen in practice. Why?

Imagine what the borders would look like, both the north and the south. The borders would be bedlam. There’d be lineups for miles and miles.

There’d be tons and tons of people inside secondary inspection. So, CBP for Canadian citizens has the authority. So, if they wave you through and you don’t go back that night, what happens?

Well, you don’t have a card expiration date in your documentation. So, what is the Canadian to do? Well, anytime CBP is looking at your entry to the U.S., they’re looking at why you’re coming in, if it’s a business meeting, if it’s a wedding. They’re looking at, hey, they’re looking at their system and seeing, hmm, he was just here last week. They’re looking at your patterns of travel and maybe, you know, even like how long they might say, oh, I saw you were here last month. How long were you in the U.S.? They’re going to ask all the questions. So, this six-month confusion, where does it come from? Well, the regulation, you know, says up to a year, but it also says they can be admitted for up to a minimum period of six months. This is a minimum, not a maximum, not a guarantee, not an entitlement.

How Border Officers Decide Your Stay

In practice, at the border, six months has become the standard period of admission. No one’s telling you that. You’re not getting anything at the border.

Now, don’t worry. This is not new. This has been going on forever.

I was an inspector at the U.S.-Canadian border in 1996 and 1997, a thousand years ago, and we used to tell Canadians, have a nice day. Go ahead. You’re going to Boca Raton?

Great. See you in spring. This has been going on since the sands of time at the border.

So, when you’re getting that fluid, have a nice day, when does the government want you out? Well, unspokenly, if that’s even a word, six months. It’s automatic.

It’s discretionary. If they don’t like the looks of things, they can pull you in and say, we’re giving you two weeks. You’ve got to be back by two weeks.

If you don’t, you’re going to be unlawfully present in the U.S. So, in reality, you may receive six months without even knowing. Less than six months, you would know, because they’re going to pull you aside and tell you. It really just depends on the officer’s assessment.

The issue lies in the fact that people don’t get anything telling them how long they can stay. So then they’re like, oh, I heard on TV or heard on the radio I could stay six months, yada, yada, yada, boom, bah, and they get all confused. Okay, so again, my example, you’re John Smith from Mississauga, you say I’m crossing the border, I’m going to a Bills game, and then I’m going to my place in Boca for the season.

Have a nice day. What does that mean? That means you could stay up to six months.

Now, if they pull John Smith in because they don’t like something they see on their trusty computer system, they’re going to pull John Smith in and say, you’ve been here too long, we’re going to give you two weeks, but my house in Florida, not our problem. Here’s a document we’re going to put in your passport. It’s a stamp called an I-94, and it says be back in two weeks or else.

Rare, very rare for Canadians, but it could happen. Here’s the deal. When you enter the United States, you’re entering as a non-immigrant.

That’s a fancy way of saying a visitor. When you’re a visitor, you intend to visit, do your business, and go back. A visitor is supposed to spend more time in their home country, aka Canada, than in the United States.

What does that mean? The government, when I worked there, said to me, Rosanna, when you’re talking to people, you need to find out where they sleep most nights of the year. Kind of an intrusive question, but it makes sense.

They want to know, where do you live in Canada? How do you support yourself? Do you have a job?

Do you have to go back to work on Monday morning? They want to know all that. Now, they’re not always asking those questions.

Different Types of Travellers

So, Snowbird, Mr. and Mrs. Jones, drive up to the border, Snowbird couple, they’re 75, they’re retired, they have a place in the GTA, and a place in Hollywood Beach, Florida. Go up to the officer, citizenship, Canadian, Canadian, where are you going today? We’re going to our condo in Hollywood Beach, Florida.

Oh, where do you live in Canada? Oh, we live outside of Toronto, GTA. We have a home there, we’re both retired.

How are you going to support yourself while you’re in the U.S.? Well, we’re retired and we receive our pension, direct deposit. How long are you staying? About three months.

Okay, have a nice day. Now, that’s a pretty standard admission that we see time and time again. However, let’s change the drivers.

A 22-year-old and his 23-year-old girlfriend, both Canadians, pull up in their car. Officer notices the car is not registered to them. Citizenship, Canadian, where are you going?

We’re going to Florida. For how long? Six months.

I was told I could stay in the U.S. for six months. The officer may start saying, well, how is it that you’re going to support yourself? You’re 22.

Oh, we’re going to look for work when we get down there, or we can work remotely. Well, do you have a home in Canada? I live with my mom.

Do you have any money saved in Canada? No, I don’t make enough. I don’t file taxes.

I just live with my mom. Guess what’s going to happen? The CBP officer is not going to give a carte blanche, six months, have a nice day, enjoy the warm weather.

Why? Because they’re constantly looking at, are you really visiting? Now, the couple, Mr. and Mrs. Jones, low threat to the United States. They’re retired. They have money. They have a home in Canada that has been established and is stable.

The government’s not worried about them. Compared to the 22 and 23-year-old Canadian who are unemployed, live with mom, don’t have any money, and want to work when they come to the U.S. No, no, no. So you can get six months.

You’re really not given anything, but it’s all discretionary. Can you see why people get confused by this? I’m hoping that my examples are clarifying this for you.

Now, there’s a tax issue here with this 183 days. There’s also an insurance issue for those of you that hold OHIP from the Canadian government. I’m not a tax lawyer.

I’m not an insurance lawyer. I don’t specialize in OHIP. I barely know what it stands for.

But what I’m here to tell you, because my friend who’s a tax lawyer told me, there’s something called a substantial presence test that the IRS, the Internal Revenue Service of the United States of America, looks at, which can trigger tax consequences. And basically, if you’re in the U.S. for 183 days over a three-year period that is weighted, you may have to pay U.S. taxes. Gasp!

Totally different issue. Don’t call my firm about that. Call my firm, and we’ll give you a referral to talk to our cross-border accountant friends.

There can be a tax issue, and therein lies some of the confusion about this six-month issue. And then also for our OHIP friends who hold Canadian government-issued insurance, there are some issues about how long you can remain out of the U.S. and still keep your insurance intact. Again, not an expert on that.

Don’t pretend to be one. But it is a real question. So what’s going on?

New Requirements for Snowbirds

Why are we talking about snowbirds? It’s in the news. People are like, oh my God, I have to get fingerprinted and pay $30, and I have to go inside.

Yadda, yadda, yadda, siss-boom-bah. There has been some new snowbird requirements as of April of this year. Now, the timing in April, a lot of Canadians were coming back from their snowbird stay.

They’re like, eh, whatever, who cares? But I need to tell you of this new requirement. So when you’re entering the U.S., business as usual, you need to have a valid passport, a valid nexus card. The passport and the nexus card must be valid for the period of stay in the U.S. What does that mean? If your password’s going to expire on December 1st, and you’re crossing today, and you don’t want to be back until January 1, the government’s not going to let you stay beyond December 1st. They’re going to look at your passport and say, uh, dude, yeah, you need a new passport.

Now, there’s this I-94 card. We keep hearing about this in the news. The Canadian news has blown this baby up.

The I-94 card, rarely a card. We’ve advanced. It’s a stamp.

If you fly from the Pearson airport, and you say, I’m going to the United States of America for three months, because I’m a snowbird, and I’m 75, and I have my property in Canada, the CBP officer is going to stamp your passport and say, have a nice day. Well, guess what? That stamp is an I-94 card.

Why is that important? Stay with me. If that is your situation, you get that stamp in your passport, and you’re a Canadian, and you enter the U.S. for 30 days or more, you are good as gold. Now, conversely, if you cross the Peace Bridge, and they say, have a nice time, Mr. and Mrs. Jones, with your home in Canada, and your condo in Hollywood Beach, you don’t have an I-94 stamp. That means the government has not given you one in your passport. They don’t.

The borders would be backed up forever. Well, I saw on the news I have to get one. Remain calm.

Do not go to the border and say, hi, I need an I-94. You know why? Because if you do, Customs and Border Protection is required to pull you aside, make you go in the office, sit there and wait.

Can’t use your phones in there. Ew. And they have to take your photo, click, and your fingerprints to create the I-94.

That’s why you’re hearing all these stories. You also have to pay 30 bucks. Ugh!

No! Don’t do this. So do not drive up Mr. and Mrs. Jones saying, I want an I-94. I want an I-94. Why? Because if you do, 99% of the time the government’s going to say, okay, if you want it, pull over.

You’re going to have to get fingerprinted, photoed, and cough up $30. What’s the workaround? There’s a workaround.

If you’re Mr. and Mrs. Jones driving to Hollywood Beach, and you say, we’re going, we’re going to come back in 90 days, the CBP officer says, have a nice day. Don’t forget to register. Register?

What does that mean? Oh my God, I gotta register. Calm down.

You must register in the United States if you’re a snowbird who is staying beyond 30 days. That is what’s new as of April of this calendar year. You need to register.

How do you do that? Calm down. Mr. and Mrs. Jones, they drive three days later. They’re in Hollywood Beach. Mr. Jones pops on the USCIS website or goes to CHATGBT and says, how do I register? I’m a Canadian.

It sends you to the USCIS website. There’s a form called a G325R, R for record. Asks for your name, your date of birth, where do you live, where are you staying in the United States.

Fill it out, fill it out, fill it out. We have a great YouTube video that will walk you through each and every section. When you’re done filling it out, you hit submit.

Print out the page that you registered or take a screenshot of it. Done. No fingerprints, no photo, no money.

Free. Free and easy. Okay, a lot of information here.

Let’s go back. You’re flying into the U.S. You get the stamp and your passport. Good to go.

Per the new regulations of April of 2025 for Canadian snowbirds. You drive across the land border. Please don’t ask for an I-94 card because if you do, it is their process to create an I-94 card.

You need fingerprints taken, photo taken, and an address and to pay $30. Instead, drive to your U.S. destination, get on your computer, put in the info, watch our video, take you step by step by step by step, hit submit, keep proof of that. Good to go.

Best Practices and Final Advice

That’s it. The media has spun this story, made it super complicated. People are like, oh my god, there’s a guy.

I got pulled in. They asked for my fingerprints. Can you believe this?

I’m a Canadian. Well, it’s because you asked for an I-94. Get your story straight, dude.

This is not anything new. This is not a gotcha. When you go to other countries around the globe, you need to tell the people that you’re visiting where you’re staying.

This happens everywhere. The U.S. has just had a problem doing this because we’re so darn big. Anyway, best practices as a snowbird.

Know where you’re going. Know the address. Know how long you’re staying.

Make sure your story matches your stuff. Don’t bring in a car full of things if you’re 22 and unemployed. You’re going back home.

Make sure that you register if you’re staying more than 30 days. Now, let’s talk about this. Well, I got my six months and I want to stay longer because I love the U.S. I love the vibe in Miami. I’m going to go back to Toronto for like two days and then I’m going to come back in and I’m going to get another six months. Can you? Technically.

Will you? Probably not. 99.999% you won’t. Why? If you’re 22, unemployed, you somehow got to the U.S. for six months and you try to come back in two days later, the government’s going to say, no, no, no. You have been in our country more than your own.

Go back home and stay there. And the world of remote work has muddied the waters. I know.

I can work from absolutely anywhere, anywhere around the globe. So can most of us. The U.S. immigration law has not caught up on that. The immigration law says as long as you’re working on U.S. soil, emails, calls, writing things, sending things out, you need a work permit. And you can’t get one if you’re a visitor. So no unpaid volunteerships.

No working remotely in the sun. You’re supposed to be on vacation. And remember, customs and border protection.

That is a hard job. I did it. It drove me to law school.

Talking to people all day long, citizenship, where are you going? Hard stuff. Make it easy.

Remember, they control your entry. Be polite. Be courteous.

Be prepared. Know where you’re going. Don’t be the guy that’s like, I don’t know.

My wife made the hotel reserves. No, I’m going to Myrtle Beach, staying at the Hyatt. Here’s our address.

Make it easy for them. You’re not entitled to six months. If you don’t get anything and they say have a nice day, yes, in theory, you can stay for six months.

But be careful. There’s a tax issue. There’s an OHIP issue.

We don’t deal with that. But you’re responsible for your lawful stay in the United States. Make sure you always balance your time in Canada, that you sleep there more than you sleep in the United States.

Always good to travel with proof of your residency. This is overkill, but oftentimes, if clients are really nervous, we’ll say, hey, prepare a folder that’s got proof of your property ownership, your mortgage, your deed, your hydro bills, your credit card bills, tax documents. If the officer starts asking, do you really live in Canada?

Yeah, here’s all my stuff. My credit card bill, I’m using this thing in Canada. There’s no end to that.

These are some best practices. So remember, snowbirds, no automatic six months. If you get it, great, have a nice time.

If you’re staying more than 90 days and you drove across that border, go on USCIS, register, simple and easy. If you’re flying to the U.S., you’re staying more than 90 days, you’re registered, simple and easy. Don’t go up to the border officer and say, I have my 94 card.

Please don’t do that. It’s going to cost you money. It’s going to be a headache.

The government doesn’t want to do that either. Do not screw around at the border. There are no jokes at the border.

The officer’s always right. Oftentimes they’re grumpy. Trust me, it is hard to talk to people all day.

Tis why I’m a lawyer today. What you want to do is make that officer’s job simple and easy. No questions.

Yeah, he may be in a bad mood and not even smile and say, have a nice day. Whatever, not your issue. Don’t take it personally.

You are there. Treat the officer with the utmost respect. Take your sunglasses off, turn your music down, put your Timbs down and cross that border with confidence.

Thank you for joining me, Rosanna Berardi today, the Berardi Immigration Law Snowbird Webinar. This is a hot topic. You’re going to see it all over the news.

Follow us on YouTube. We’ve got great video, great resources and follow our blog. We’re always writing about the latest and greatest for snowbirds.

So safe travels and we’ll see you next time. This was Immigration Weekly with Rosanna Berardi. Thanks for joining.

Be sure to connect with me, Rosanna Berardi on LinkedIn or go to our law firm at berardiimmigrationlaw.com. And if you don’t want to miss the latest and greatest, be sure to subscribe to the podcast and share this with your friends.

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