What is the New Alien Registration Requirement?

U.S. law mandates that most non-U.S. citizens living in the country must register with the Department of Homeland Security (DHS). This process involves submitting personal details like fingerprints and home addresses and is intended to bolster national security and enforce immigration regulations. The Immigration and Nationality Act (INA) generally requires noncitizens aged 14 and over who weren’t previously registered or fingerprinted during visa application and who stay in the U.S. for over 30 days to undergo registration and fingerprinting. Parents/guardians must register children under 14, who then need to re-register and be fingerprinted within 30 days of their 14th birthday.

How To Register:

You will need to create a MyUSCIS. You can create a MyUSCIS account at https://my.uscis.gov/ and complete a Form G-325R, which serves as the registration form. USCIS will review you or your child’s Form G-325R and schedule a biometrics collection appointment. Once you have registered and provided your biometrics (if required), USCIS will issue a notice titled “USCIS Proof of G-325R Registration” that provides proof you registered. You will be allowed to download a PDF version of the notice and print it.

Who is already considered to be registered?

You are already registered if you are a:

• Lawful permanent resident;

• Alien paroled into the United States under INA 212(d)(5), even if the period of parole has expired;

• Alien admitted to the United States as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired;

• An alien present in the United States who was issued an immigrant or nonimmigrant visas before your last date of arrival;

• Alien who DHS has placed into removal proceedings;

• Alien issued an employment authorization document;

• Alien who has applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, and provided fingerprints (unless waived), even if the applications were denied; and

• Alien issued a Border Crossing Card.

Most foreign nationals who have legally entered the U.S. and/or have gone through some formal immigration process (i.e. a visa application, admission at the border, application for benefits, etc.) are likely already considered registered.

Who is required to register?

The registration requirement applies to:

• Individuals aged 14 and older: Non-U.S. citizens who were not fingerprinted or registered when applying for a U.S. visa and who plan to stay in the United States for 30 days or longer must register before the expiration of the 30 days.

• Children under 14 – Parents or legal guardians must register their children who were not registered upon visa application and who will remain in the U.S. for 30 days or longer must register before the expiration of the 30 days.

• Previously registered children turning 14 – They must re-register and provide fingerprints within 30 days after their 14th birthday.

Who is not registered?

You are not registered if you have not applied to the Department of State for a visa, been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b), or have not submitted one of the forms designated at 8 CFR 264.1(a) and provided fingerprints (unless waived). You are not considered to be registered you are:

• An alien present in the United States without inspection and admission or inspection and parole who have not otherwise registered (i.e. an alien who crossed the border illegally);

• A Canadian visitor who entered the United States at a land port of entry and were not issued evidence of registration; and

• An alien who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for DACA or Temporary Protected Status who were not issued evidence of registration listed in 8 CFR 264.1(b).

Is there a cost associated with registration?

DHS does not require a fee for the alien registration process. However, willful non-compliance can lead to significant penalties, including a misdemeanor conviction, civil fines of up to $1,000 or imprisonment of up to 6 months, and potential immigration consequences.

Important Note

Registration does not provide a legal immigration status or work authorization.

Do you Need Assistance with the Alien Registration Process?

The alien registration process can be difficult to navigate. An experienced immigration lawyer can help you determine if you are required to register and help you with the process.

The skilled team at Cohen, Tucker + Ades law firm has been helping immigrants live, work, and thrive in the United States for over 40 years. Contact us for a consultation if you need assistance with your immigration matter.