Understanding the New Immigration Registration Requirements

Starting April 11, 2025, a significant change in immigration regulations will require certain foreign nationals in the United States to register online with the Department of Homeland Security (DHS). This update is rooted in a law from 1940 that mandates that any foreign national present in the U.S. for more than 30 days must be registered and fingerprinted. The DHS has issued an Interim Final Rule (IFR) to modernize the registration process, introducing an online platform for those who have not yet registered.

Who Needs to Register?

Registration becomes mandatory for foreign nationals remaining in the U.S. for over 30 days under certain conditions. Those who fall into this category include:

1. Foreign Nationals Who Entered Without Inspection (EWI): Individuals looking to stay in the U.S. beyond 30 days without prior inspection or admission by U.S. authorities must register.

2. Visa-Exempt Canadians: Canadians entering the U.S. for business or tourism at land ports without being issued a Form I-94 and remaining for 30 days or more must also register.

3. Foreign Nationals Turning 14 Years Old: Any foreign national who has been in the U.S. for 30 days or more must register or re-register within 30 days of their 14th birthday, including undergoing fingerprinting, regardless of their prior registration status.

Individuals Already Registered and Those Exempt

Most foreign nationals who are legally in the U.S. under a visitor or nonimmigrant worker status are not required to register if they have received any of the following documents:

• An immigrant or non-immigrant visa issued by a U.S. Consulate.
• A green card (permanent resident card).
• An I-94 admission record.
• An Employment Authorization Document (EAD).
• Humanitarian parole, as defined under INA 212(d)(5).
• A Notice to Appear (NTA) if placed in deportation proceedings.
• A border crossing card.

Exemptions from Registration

Additionally, specific categories of foreign nationals are exempt from this registration requirement, including:

• Diplomats with A or G visas.
• Individuals in the U.S. for fewer than 30 days.
• Certain Native Americans born in Canada entering under INA, Section 289.

The Registration Process

Foreign nationals required to register must create a USCIS account at my.uscis.gov, with separate accounts needed for children. The detailed registration steps can be found on the USCIS website.

Key steps in this process include:

• Completing Form G-325R for biometric information online via the USCIS portal.
• Submitting biometric data, such as fingerprints, and undergoing a background check.
• Once registration is successful, individuals can download and print the “Proof of Alien Registration” document from their myUSCIS account.

Legal Obligations Regarding Registration and Address Changes

Foreign nationals required to register will receive a Proof of Alien Registration document, which must be carried at all times. Conversely, those exempt from registration must also hold proof of their legal status (e.g., a copy of the I-94). Importantly, all noncitizens must notify USCIS of any address changes within 10 days, using Form AR-11.

Acceptable Proof of Registration Documents

For those not required to register, acceptable documentation includes:

• A valid, unexpired electronic Form I-94 admission record.
• An approval notice, commonly involving the I-94 record.
• A U.S. Customs and Border Protection passport admission stamp.
• A Permanent Resident Card (Form I-551).
• An Employment Authorization Document (Form I-766).

Consequences of Noncompliance

For foreign nationals aged 18 and older, having proof of registration is a legal obligation. Failing to comply carries serious ramifications, including:

• Willful Failure to Register: This misdemeanor can lead to a fine of up to $5,000 and/or imprisonment for up to six months.

• Failure to Carry Proof of Registration: Also a misdemeanor, this can result in a fine of up to $5,000, with a maximum of 30 days in jail.

• Failure to Report a Change of Address: This, too, is a misdemeanor, potentially leading to a fine and imprisonment of up to 30 days, with additional risks of detention or removal unless the noncompliance was excusable.

Key Takeaways

The revised DHS registration mandate is designed to streamline the compliance process for immigration laws. However, it imposes strict obligations on affected noncitizens. Ignoring these requirements can lead to severe legal penalties. Individuals who find themselves impacted by these changes should register promptly, carry proof of registration, and consider seeking legal counsel for clarification on their immigration status. As developments unfold regarding the Alien Registration Requirement, staying informed is essential.