USCIS has announced a new alien registration requirement as a result of President Trump’s January 20, 2025 executive order, “Protecting the American People Against Invasion.” The alien registration requirement is to ensure that aliens comply with their duty to register with the government under section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302) and ensure that failure to comply with the registration requirement is treated as a civil and criminal enforcement priority. There are severe fines associated with non-compliance.
On March 12, 2025, USCIS published an interim final rule announcing that aliens may register using the revised form G-325R, biographic information (registration). This form can only be filed online for registration and fingerprinting. To register, you must create a USCIS online account; each alien submitting the form G-325R must have an individual account, including children under the age of 14.
Who must comply with this law? All aliens 14 years of age or older who were not registered and fingerprinted (if required) when applying for a U.S. visa and who remain in the United States for 30 days or longer, must apply for registration and fingerprinting. Similarly, parents and legal guardians of aliens below the age of 14 must ensure that those aliens are registered within 30 days of reaching his or her 14th birthday, all previously registered aliens must apply for re-registration and to be fingerprinted.
Once an alien has registered and appeared for fingerprinting (unless waived), USCIS will issue evidence of registration, which aliens over the age of 18 must always carry and keep in their personal possession.
It is the legal obligation of all unregistered aliens (or previously registered aliens who turn 14 years old) who are in the United States for 30 days or longer to comply with these requirements. Any alien required to register who is 18 years of age and older and who fails to comply with the requirement that they carry evidence of registration and have in their personal possession evidence of registration will be guilty of a misdemeanor and will upon conviction for each offense be fined not to exceed $5,000 or be imprisoned not more than 30 days, or both.
In addition, each alien required to be registered, must notify USCIS in writing of each change of address within 10 days. Noncompliance is a misdemeanor punishable by a fine of up to $5,000 or imprisonment for not more than 30 days, or both. In addition, any alien who has failed to comply with the change-of-address notification requirements is deportable unless the alien establishes that such failure was reasonably excusable or was not willful.
Registration is not an immigration status, and registration documentation does not create an immigration status, establish employment authorization, or provide any other right or benefit under the INA or any other U.S. law.
Many foreign nationals present in the United States are already registered meaning that they were inspected and lawfully admitted to the United States. However, all children who were previously registered but were not previously fingerprinted must comply with the alien registration requirement and complete the G-325R forms within 30 days of turning 14 years of age.
Foreign Nationals who have already registered include:
- Lawful permanent residents.
- Individuals paroled into the United States under INA 212(d)(5), even if the period of parole has expired.
- Individuals 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.
- All foreign nationals present in the United States who were issued immigrant or nonimmigrant visas before their last date of arrival.
- Individuals whom DHS has placed into removal proceedings.
- Individuals issued an employment authorization document.
- Foreign Nationals who have 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.
- Individuals issued Border Crossing Cards.
Aliens considered to not have registered include:
- Aliens present in the United States without inspection and admission or inspection and parole who have not otherwise registered (that is, aliens who crossed the border illegally);
- Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration (I-94); and
- Aliens who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for deferred action or Temporary Protected Status who were not issued evidence of registration listed in 8 CFR 264.1(b).
The registration must be completed by any individual who is subject to the alien registration requirement as follows:
- All aliens 14 years of age or older who were not registered and fingerprinted (if required) when applying for a visa to enter the United States and who remain in the United States for 30 days or longer. They must apply before the expiration of those 30 days.
- The parents or legal guardians of aliens less than 14 years of age: Parents or legal guardians must apply for the registration of aliens less than 14 years of age who have not been registered and remain in the United States for 30 days or longer, before the expiration of those 30 days.
- Any alien, whether previously registered or not, who turns 14 years old in the United States, within 30 days after their 14th birthday.
Note: American Indians born in Canada who entered the United States under section 289 of the INA, and members of the Kickapoo Traditional Tribe of Texas who entered the United States under the Texas Band of Kickapoo Act, are not required to register.
If you have already complied with your duty to register and been fingerprinted (if required) in connection with your current stay in the United States of 30 days or more and have not reached your 14th birthday in the United States since registering, do not submit the G-325R Form.
Please be careful and do take this seriously. If you have any questions, you may call our lawyers at (619) 677-5727
