Alien Registration Requirement

Cozen O'Connor
Contact

Cozen O'Connor

On April 11, 2025, the Department of Homeland Security’s (DHS) new registration requirement goes into effect. The new registration requires, with limited exceptions, that 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.1 Similarly, parents and legal guardians of aliens below the age of 14 must ensure that those aliens are registered. Within 30 days of reaching their 14th birthday, all previously registered aliens must apply for re-registration and be fingerprinted.

On January 20, 2025, President Trump issued Executive Order 14159, Protecting the American People Against Invasion, which directed DHS to ensure that aliens comply with their duty to register with the government,2 and ensure that failure to comply with the registration requirement is treated as a civil and criminal enforcement priority.

Once an alien has registered and appeared for fingerprinting (unless waived), DHS will issue evidence of registration, which aliens over 18 must carry and keep in their personal possession at all times. Failure to comply may result in criminal and civil penalties, up to and including misdemeanor prosecution, the imposition of fines, and incarceration.

Many aliens in the United States have already registered, as required by law. However, a significant number of aliens present in the United States have had no direct way to register and meet their obligations. USCIS has established a new form: G-325R - Biometric Information (Registration), and an online process by which unregistered aliens may register and comply with the law as required by the INA. Registration is not an immigration status; registration documentation does not create an immigration status, establish employment authorization, or provide any other right or benefit under the law.

Who is already registered?

  • 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.

Who is not registered?

  • 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).

Who Must Register?

  • 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; and
  • Any alien, whether previously registered or not, who turns 14 years old while in the United States, within 30 days after their 14th birthday.

Steps for How to Register:

Step 1: Create a USCIS Online Account

To register, you must first create a USCIS online account at www.uscis.gov.

Each alien submitting Form G-325R must have their own individual USCIS online account. This includes aliens under the age of 14. If you are the parent or legal guardian of an alien under the age of 14 who needs to register, you will need to set up an individual USCIS online account on your child’s behalf and in their name.

Step 2: Submit Form G-325R

Once you create your or your child’s (if you are the parent or legal guardian of an alien under 14 years of age) USCIS online account, fill out an electronic version of the Form G-325R, Biographic Information (Registration). Form G-325R must be filed online through a USCIS online account. It cannot be filed by mail or in person.

Each alien who needs to register must submit Form G-325R from the alien’s individual USCIS online account. Form G-325R can only be submitted by the named owner of the USCIS online account. If you are the parent or legal guardian of an alien under the age of 14 who needs to register, you will need to submit Form G-325R on the alien’s behalf through their individual USCIS online account.

As you fill out Form G-325R, please carefully consider whether you have already registered. For example, if you have an Arrival-Departure Record number to provide in response to the question “What is your Form I-94 Arrival-Departure Record Number,” then DHS already issued you evidence of registration. Anyone issued Form I-94 or I-94W upon their admission or parole to the United States is already registered. Only aliens who were previously registered but were not previously fingerprinted and who attained their 14th birthday in the United States should submit Form G-325R within 30 days of attaining their 14th birthday.

Step 3: USCIS Review of Form G-325R

Once you have submitted Form G-325R, USCIS will review the information you provided and any DHS records that are available about you. If it appears that you have already complied with the registration requirements in some other way and do not need to submit Form G-325R, USCIS will notify you that you have already complied with the registration requirement. If you have already registered as required under INA 262, USCIS will not schedule you for a biometric services appointment or provide you with evidence of registration. If it appears that you are required to register, USCIS will review your Form G-325R to determine if you are required to appear for a biometric services appointment. If you are not required to appear for a biometric services appointment (for example, Canadian visitors and aliens under 14 years of age), USCIS will provide you with evidence of registration (see Step 5 below).

Step 4: Attend Appointment for Biometrics Collection

If you are required to register and provide biometrics, USCIS will schedule you for a biometric services appointment at one of the Application Support Centers (ASCs). Registrants are not required to pay a biometric services fee under the Interim Final Rule.

A willful failure or refusal to attend your biometric services appointment (if required) may result in a determination that you have failed to register under INA 266(a), 8 U.S.C. 1306(a), and may result in criminal penalties.

Step 5: Receive Registration Documentation

Once you have registered and provided your biometrics (if required), USCIS will post a notice (USCIS Proof of G-325R Registration) that provides proof of your registration to your USCIS online account. In your USCIS online account, you will be allowed to download a PDF version of the notice and print it.


1 Immigration and Nationality Act (INA) (8 U.S.C. 1302).

2 Section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302).

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Cozen O'Connor

Written by:

Cozen O'Connor
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Cozen O'Connor on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide