Alien Registration Requirement for Noncitizens
Effective April 11, 2025, all noncitizens aged 14 or older who are in the United States for 30 days or longer will be required to register with the Department of Homeland Security (DHS). Noncitizens subject to the registration requirement who are 18 years or older must carry proof of registration at all times. Together with the registration and proof of registration requirements, the Department of Homeland Security reminds noncitizens of the requirement to notify the Department of Homeland Security of any change address within 10 days of moving. A change of address must be made for each subject family member.
Children subject to the registration requirement must register and appear for fingerprinting within 30 days of turning 14, even if they previously completed a qualifying registration activity prior to turning 14.
Noncitizens Already Registered or Exempt from Registration Requirement
Critically, many noncitizens present in the U.S. have already met this requirement by registering as part of their immigration processes, and this rule does not require them to do so again except for individuals who have subsequently turned 14. However, it does require all subject noncitizens to begin carrying proof of registration at all times.
Individuals who have already registered include:
U.S. lawful permanent residents
Individuals admitted to the U.S. who received an I-94 admission record, including most individuals on student and work visas, as well as their dependents
U.S. visa holders who have already been registered and fingerprinted through their application for a visa
Individuals granted an employment authorization document (even if since expired)
Individuals who have filed a Form I-485, Application to Register or Adjust Status to Permanent Residence, and have had biometrics taken
Individuals with Border Crossing (even if expired)
Individuals who entered as crewmen
Refugees
Most individuals who are or were in removal or deportation proceedings
Individuals granted parole under INA 212(d)(5) – humanitarian or significant public benefit parolees
Noncitizens exempt from the registration requirement include:
A visa holders
G visa holders
Those in the U.S. for less than 30 days
American Indians born in Canada who possess at least 50% blood of the American Indian race who are present in the US under the authority of 8 USC 1359
US permanent residents who are abroad when they turn 14. However, the individual must then apply for registration and provide a photograph within 30 days of return to the U.S.
Proof of Registration
Proof of registration must be carried by noncitizens (unless exempt) at all times and may include original physical documents (not photocopies or electronic copies/photos stored on your phone) of the following
Form I-94, Arrival-Departure Record, which can usually be retrieved at: https://i94.cbp.dhs.gov/home. Print this record and carry it with you
Form I-551, Permanent Resident Card
Form I-766, Employment Authorization Document (EAD)
Valid, unexpired nonimmigrant DHS admission or parole stamp in foreign passport
Proof of Registration issued upon submission of Form G-325R and completion of biometrics
Form I-95, Crewman’s Landing Permit
Form I-184, Alien Crewman Landing Permit and Identification Card
Form I-185, Nonresident Alien Canadian Border Crossing Card
Form I-186, Nonresident Alien Mexican Border Crossing Card
Form I-221, Order to Show Cause and Notice of Hearing
Form I-221S, Order to Show Cause, Notice of Hearing, and Warrant of Arrest of Aliens
Form I-862, Notice to Appear, for those noncitizens against whom removal proceedings are being instituted
Form I-863, Notice of Referral to Immigration Judge, for those noncitizens against whom removal proceedings are being instituted
Canadians typically receive an I-94 when entering the U.S. via air. Canadians entering at a land or sea border who intend to stay for 30 days or longer should pay $6 and request an I-94 record. If Canadians enter the U.S. and remain for 30 days or longer and were not issued an I-94 record upon entry, they must register using the process noted below.
Registration Process
Noncitizens present in the U.S. for more than 30 days who are not in possession of one of the above registration documents, and those turning 14, may complete the registration process by submitting a Form G-325R Biographic Information (Registration). This form can be completed and submitted online via a creation of a MyUSCIS account at https://my.uscis.gov/. Each noncitizen must have a unique account. Submission of Form G-325R will trigger scheduling a Biometrics Services Appointment at a USCIS Application Support Center. Currently this option has no associated fees. Once registration is complete, the individual will be able to download and print proof of registration.
The MyUSCIS account can also be used to report the required change of address to Department of Homeland Security.
Penalties for Failure to Register and Failure to Notify of Change of Address
Individuals who fail to register as required may be prosecuted with misdemeanor criminal offenses including:
Willful failure to register or to register one’s child under 14, punishable by a fine of up to $5,000 or up to six months imprisonment or both
Failure to carry proof of registration, punishable by a fine of up to $5,000 or up to 30 days imprisonment or both
The rule also points to a separate criminal offense for a person who registers using false statements, which is both a misdemeanor offense and a specific ground of deportability.
Failure to notify the government within 10 days of a change of address is punishable by a fine of up to $5000 or up to 30 days imprisonment or both.
Conclusion
If you have any questions or concerns about registration due to any potential grounds of inadmissibility or removal, please contact your CML Attorney. Likewise, please contact your CML attorney if you have any questions about the registration process, including whether you are required to register or have already met the registration requirement.