Ottawa warns Canadian snowbirds of upcoming U.S. winter migration — here's why

Each rule runs on its own clock and carries a separate penalty. Knowing which forms apply to you and when can be the difference between a winter respite and a pile of headache-inducing paperwork when you return home.

Additionally, the Government of Canada’s travel advice for the United States cautions that individual U.S. border agents often have significant discretion over who gets in, authorities strictly enforce entry requirements and travellers who are denied entry could be detained while awaiting deportation.

Do you need to register with the U.S. government?

Most likely, if your stay lasts 30 days or more. The U.S. Department of Homeland Security (DHS), the federal agency responsible for border security and immigration, finalized its alien registration rule effective June 29, 2026, building on an interim version that took effect in April 2025.

There is a large swath of snowbirds who are already registered and may not know it. Most Canadians who fly in are automatically issued an electronic Form I-94 arrival record, which counts as registration. However, those who drive across a land border generally aren’t issued one. After you arrive, you can check the I-94 website run by U.S. Customs and Border Protection (CBP).

If no record appears for your most recent entry, you’ll need to file Form G-325R online via U.S. Citizenship and Immigration Services (USCIS). You must file after you enter the country and before the 30-day mark. Thankfully, there’s no fee, and Canadians who register this way don’t need to be fingerprinted.

For trusted travellers, the U.S. has added admission through NEXUS, SENTRI, FAST or Global Entry processing to the list of documents that count as evidence of registration. However, owning a NEXUS card isn’t enough on its own — you must have used it at a NEXUS lane or kiosk during your most recent entry.

Skipping this step can be risky. Under the federal rule, willfully failing to register can bring a fine of up to US$5,000, up to six months in jail or both. Separately, registered visitors 18 and older must carry proof at all times; failing to do so can bring a fine of up to US$5,000, 30 days in jail or both.

Could a long winter stay trigger a U.S. tax bill?

Registration is an immigration rule. Taxes are a separate matter.

The IRS uses a substantial presence test to determine whether someone is treated as a U.S. tax resident. You meet the test if you were in the country at least 31 days this year, and at least 183 days over three years, which counts all of this year’s days, one-third of last year’s and one-sixth of the year before that.

That math catches more people than you might expect. In the IRS’s own example, someone who spends 120 days a year in the U.S. for three straight years totals 180 days, which is just three days shy of the threshold.

Meeting the test doesn’t settle the matter, though. You can claim the ”closer connection” exception by filing Form 8840 if you meet all of the following conditions: you were in the U.S. fewer than 183 days this year, your tax home was in Canada for the entire year, you had a closer connection to Canada than to the U.S. and you haven’t applied for a green card or taken other steps toward U.S. permanent residence. You must file the form on time, or you lose the ability to claim the exception.

Snowbirds should also stay current on their U.S. filings, Kim Moody, CEO of Moodys Tax in Calgary, told BNN Bloomberg.

Overstaying is a separate risk. “If you spend too much time in the States without proper immigration status, you’re considered to be an illegal alien,” Moody said.