Registration Requirement for Unregistered Foreign Nationals

In compliance with President Trump’s Executive Order 14159, the Department of Homeland Security has published an Interim Final Rule (IFR), which went into effect on April 11, 2025, requiring unregistered foreign nationals to comply with a new online process to register and provide fingerprints if they are in the U.S. for more than 30 days. Because DHS decided to issue the regulation as an IFR (instead of going through the regular notice and comment for proposed rulemaking), the new registration process was challenged in court, although the initial challenge was unsuccessful.

Noncompliance with the registration requirement could carry with it significant fines and/or criminal and civil penalties. Specifically, the interim final rule states that “noncompliance is a misdemeanor punishable by a fine of up to $5,000 or imprisonment for not more than thirty days, or both.” Proof of registration (in the form of a certificate of alien registration or an alien registration receipt card) will be issued by DHS and must be carried by everyone above the age of 18 at all times.

Many noncitizens are already considered to have been registered as required by INA Section 262. The list of those who have already registered includes:

• “Lawful permanent residents;
• Aliens paroled into the United States under INA 212(d)(5), even if the period of parole has expired;
• Aliens 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 aliens present in the United States who were issued immigrant or nonimmigrant visas before their last date of arrival;
• Aliens whom DHS has placed into removal proceedings;
• Aliens issued an employment authorization document;
• Aliens 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; and
• Aliens issued Border Crossing Cards. “

The list of those who will need to register includes:

• “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; 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).”

This rule also applies to minors ages 14 and up. As a result, within 30 days of turning 14, all children who meet the requirements for registration and were not registered as above must comply with both registration and fingerprinting requirements. Those who are under 14 must be registered by their parents, no fingerprinting is required. Importantly, any alien, whether previously registered or not, who turns 14 years old in the United States, must register under this rule within 30 days after their 14th birthday.

To register one must file From G-325R, Biographic Information (Registration), online via USCIS online account. Once registration is completed, “Proof of Alien Registration” will become available in the myUSCIS account, including printable PDF version. All individuals over 18 who are subject to these requirements must carry proof of registration with them at all times.

Remember also that each alien required to be registered under the alien registration requirements of the INA who is within the United States (even those who are already considered to be legally registered) must notify USCIS in writing of each change of address and new address within 10 days from the date of such change and provide such additional information as the secretary of homeland security may require by regulation. Typically, this is accomplished by filing a Form AR-11. 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.

It is important to keep in mind that registration does not confer legal status. Registration also does not provide work authorization. Foreign nationals without lawful status and who are subject to the registration requirements may be vulnerable to potential removal proceedings. However, failure to register may also lead to adverse immigration action. Due to the potential for criminal charges associated with nonregistration, it is recommended to contact a criminal attorney if you have any questions concerning the criminal consequences of failing to register under this rule.

To read the original article from USCIS, please click here.