Introduction On April 11, 2025, U.S. Citizenship and Immigration Services (USCIS) will begin enforcing a new registration requirement for certain foreign nationals who remain in the U.S. for 30 days or longer. This requirement mandates registration with USCIS and fingerprinting for those who have not already completed these processes through a visa application or another immigration-related procedure.

This update outlines the origins of the requirement, identifies who must comply, explains the registration process, and details the penalties for noncompliance.

Background The requirement for foreign nationals to register with the U.S. government is not new. The Alien Registration Act of 1940 (also known as the Smith Act) first imposed this obligation, and it was later incorporated into the Immigration and Nationality Act (INA) in 1952. Historically, however, enforcement has been inconsistent.

Following President Trump's executive order titled Protecting the American People Against Invasion, the Department of Homeland Security (DHS) has renewed its focus on enforcing the Alien Registration Requirement (ARR). On March 12, 2025, USCIS published an Interim Final Rule, Alien Registration Form and Evidence of Registration, which takes effect on April 11, 2025.

Who Must Register? Foreign nationals required to register include:

• Non-U.S. citizens who remain in the U.S. for more than 30 days without completing registration through a visa or ESTA process.

• Canadian visitors who entered the U.S. at land ports of entry and do not have an I-94 record.

• Children under 14 who have not previously registered and will remain in the U.S. for 30+ days (though fingerprinting is deferred until age 14).

• All non-U.S. citizens who turn 14 while in the U.S. must update their registration and complete fingerprinting within 30 days.

• Permanent residents who obtained their green card before turning 14 must register and complete fingerprinting via Form I-90 upon reaching age 14.

• Individuals who entered the U.S. without inspection and have not been fingerprinted in connection with any pending immigration application.

• Non-U.S. citizens who applied for benefits like Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS) but lack acceptable proof of registration.

Who Is Exempt? Certain individuals are already considered registered and do not need to apply again. Exemptions include:

• Foreign nationals staying in the U.S. for fewer than 30 days.

• Citizens of Visa Waiver Program (VWP) countries with ESTA authorization.

• Lawful Permanent Residents (Green Card holders).

• Non-U.S. citizens paroled into the U.S. under INA 212(d)(5).

• Non-U.S. citizens admitted with an I-94 or I-94W record.

• Those placed in removal proceedings.

• Canadians issued an I-94.

• Holders of Employment Authorization Documents (EADs).

• Individuals who have applied for permanent residency and provided fingerprints.

• Holders of Border Crossing Cards.

The Registration Process Registration involves the following steps:

1. Submit Form G-325R: Foreign nationals must complete and submit Form G-325R online via their individual USCIS account (https://my.uscis.gov/). This form collects biographic data, address history, and planned U.S. activities.

2. Attend a Biometrics Appointment: Once Form G-325R is submitted, USCIS will schedule a fingerprinting appointment at a local Application Support Center. There is currently no fee, but a $30 biometrics fee may be introduced.

3. Download Proof of Registration: After completing the process, individuals can download proof of registration, which must be carried at all times by those aged 18 and older.

Proof of Registration Acceptable proof of registration includes:

• USCIS-issued Proof of Registration after submission of Form G-325R and biometrics.

• Alternate Proof of Registration, such as:

  • Form I-94 (Arrival-Departure Record).

  • Form I-551 (Permanent Resident Card).

  • Form I-766 (Employment Authorization Document).

  • Form I-862 (Notice to Appear) or Form I-863 (Notice of Referral to Immigration Judge).

  • Valid DHS admission or parole stamp in a foreign passport.

  • Form I-186 (Nonresident Alien Mexican Border Crossing Card).

Penalties for Noncompliance Failure to comply with the registration and fingerprinting requirements carries severe consequences:

• Failure to Register: A fine of up to $5,000, imprisonment for up to six months, or both.

• Failure to Carry Proof of Registration (18+): A misdemeanor punishable by a fine of up to $5,000, up to 30 days in jail, or both.

• Failure to Report a Change of Address: A misdemeanor punishable by a fine of up to $5,000, up to 30 days in jail, or both. Additionally, failure to report an address change can lead to deportation unless excused as unintentional or non-willful.

What Should You Do?

• Review Proof of Registration: Ensure you have proper documentation (e.g., an I-94, Green Card, or EAD).

• Register If Required: If you need to register, create a USCIS account and submit Form G-325R.

• Stay Informed: Check the USCIS website (https://www.uscis.gov/alienregistration) for updates.

• Maintain Compliance: If subject to the requirement, keep proof of registration with you at all times and update USCIS with any address changes.

Conclusion Although most foreign nationals over the age of 14 have already registered through visa or ESTA applications, those present in the U.S. who have not done so must submit Form G-325R starting April 11, 2025. Parents should ensure timely registration for children turning 14. Canadians entering by land and staying beyond 30 days must also register unless they obtain an I-94 upon entry.

Note: Proof of registration does not confer immigration status, work authorization, or other benefits. If you are unsure about your registration status, consult an immigration attorney.

For further assistance, contact Saluja Law.