On March 12, 2025, the Department of Homeland Security (DHS) issued an Interim Final Regulation (IFR) designating a new registration form to comply with statutory alien registration requirements. The rule takes effect on April 11, 2025 and is designed to ensure compliance with the registration requirements under Section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302).
The rule requires foreign nationals 14 years of age or older (with limited exceptions) who were not fingerprinted or registered when applying for a U.S. visa and who remain in the United States for 30 days or longer to submit an online registration and undergo fingerprinting. In addition, individuals over the age of 18 must carry proof of registration at all times. There are significant criminal penalties for noncompliance including a fine of up to $5,000 or imprisonment for up to six months, or both. 8 U.S.C. § 1306(a). Parents of children in the United States as nonimmigrants must make sure to register their children and appear for fingerprinting within 30 days of turning 14.
It is important to note, that many foreign nationals in the United States are already registered based on their class of admission, prior applications that they have submitted, or both. Further, individuals who hold A or G visa status, foreign nationals who will be in the US for less than 30 days, and certain Native Americans born in the US are exempt from this rule.
Individuals who have already been registered and are not required to apply for registration include the following: (Please note the exception below for children who turn 14.)
- Lawful Permanent residents;
- Foreign nationals admitted to the U.S. as nonimmigrants who were issued Form I-94, even if the period of admission has expired;
- Foreign nationals present in the United States who were issued immigrant or nonimmigrant visas prior to arrival;
- Foreign nationals paroled into the U.S. under INA 212(d)(5), even if the parole period has expired;
- Foreign nationals whom DHS has placed into removal proceedings;
- Foreign nationals issued an employment authorization document;
- Foreign nationals who have applied for lawful permanent status using Forms I-485, I-687, I-691, I-698, I-700, even if the applications were denied; and
- Foreign nationals issued Border Crossing Cards.
All others who are required to register will need to do so as of the effective date of the IFR, April 11, 2025. This includes the following groups:
- Foreign nationals who are present in the United States without inspection and admission or inspection and parole and have not yet registered (have not yet filed a registration form designated under 8 CFR § 264.1(a) and do not have evidence of registration under 8 CFR § 264.1(b)).
- Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration (e.g., Form I–94).
- A foreign national, whether previously registered or not, who turns 14 years old in the United States and therefore must register within 30 days after their 14th birthday.
Individuals not otherwise registered can do so using Form G-325R Biographic Information (Registration), online through their MyUSCIS account. Submission of Form G-325R will trigger scheduling a Biometrics Services Appointment at a USCIS Application Support Center. Once registration is complete, the individual will be able to download and print proof of registration, which they are required to carry with them at all times.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
