ALERT: Enforcement of the Alien Registration Requirement – What Is It, Who Does It Apply to and How To Comply

The Immigration and Nationality Act (INA) requires “registration” for noncitizens who remain in the U.S. for more than 30 days. As outlined below, many noncitizens are already registered; however, others must register by completing the Form G-325R, Biographic Information – Registration, on MyUSCIS, and complete a biometric appointment.

While the registration requirement of INA § 262 has existed for many years, it is being enforced with new procedures and guidelines given President Donald Trump’s Executive Order 14159, “Protecting the American People Against Invasion,” issued on January 20, 2025, directing the Department of Homeland Security (DHS) to treat failure to register as both a civil and criminal enforcement priority. As of April 11, 2025, DHS began enforcing this mandate through a revised rulemaking process. This alert outlines who must register, how to do so, the responsibilities following registration — including the requirement to carry evidence of registration, and the penalties for noncompliance.

Who Must Register

Many noncitizens in the U.S. have already met the registration requirement through other nonimmigrant or immigrant processes and do not need to register. This group of individuals do not need to take action.

Noncitizens Who Do Not Need to Register

• Those who have filed qualifying forms such as Form I-485 (adjustment of status) or other designated forms (e.g., I-687, I-698, I-700, I-817) and provided biometric data; or
• Those who have been fingerprinted by USCIS; or
• Those who are issued any of the following:
  • I-94/I-94W (proof of admission or parole)
  • Green Card (I-551)
  • Employment Authorization Document (I-766)
  • Notice to Appear (I-862) or other DHS-issued removal notices
  • Border Crossing Card (I-185/I-186)

Noncitizens Exempt from Registration Requirement

The following noncitizens are exempt from the registration requirement: A or G visa, American Indians born in Canada under INA § 289, members of the Texas Band of Kickapoo Indians, and nonimmigrants who are waived from fingerprinting such as diplomats and other short-term visitors under reciprocal agreements.

Noncitizens Who Must Register

The following noncitizens must register:

• Those who entered the U.S. without inspection or parole;
• Those who were not fingerprinted during visa application or entry;
• Children who turn 14 while in the United States, have 30 days to register after their 14^th birthday;
• Parents or guardians of children under 14 are required to register children who were not registered upon visa application who will remain in the U.S. more than 30 days; and
• Those who just turned 14 and were previously registered by a parent.

As the categories of noncitizens who are already in compliance with the registration requirement are relatively broad, the groups of noncitizens who must register is relatively limited. As listed above, those who are required to register namely include individuals who entered without inspection. Additionally, Canadian nationals who entered through a land port of entry for a short-term stay, were not required to present a visa or obtain an I-94 arrival/departure record, and remained in the U.S. for more than 30 days, are also required to register.

How to Register

If you are required to register, you must now do so electronically through the online MyUSCIS portal. The process includes four major steps:

1. Create a USCIS Online Account: Visit https://my.uscis.gov to create an individual USCIS online account. Each registrant, including minors under 14, must have their own account. Parents or legal guardians must create and manage accounts on behalf of minors.
2. Submit Form G-325R: Log in to the USCIS account and complete Form G-325R (Biographic Information – Registration). The form must be filed online and cannot be submitted by mail or in person.
   
   USCIS will review the submission and DHS records. If it determines that registration is unnecessary (e.g., because registration already occurred via other means), no further action will be taken. Otherwise, USCIS will move forward with biometrics scheduling if required.
3. Attend Biometrics Appointment (If Applicable): If biometrics are required, USCIS will schedule the registrant for a biometrics appointment at a local Application Support Center. No biometrics fee is charged.
4.  Download Proof of Registration: Once processing is complete, USCIS will upload a registration notice to the registrant’s USCIS account. This proof must be downloaded and carried at all times by individuals aged 18 or older, in accordance with INA § 264(e), 8 U.S.C. § 1304(e).

Requirement to Carry Evidence of Registration

The second aspect of the Alien Registration Requirement includes noncitizens’ obligations to carry evidence of their registration. According to USCIS, “All [noncitizens] 18 years of age and over in the United States required to register under INA 262, including but not limited to those who register using this new process, must carry and have in their personal possession evidence of their registration at all times.”

For nonimmigrants or lawful permanent residents, the requirement to carry proof of their registration may include a Form I-94 record, an Employment Authorization Document (EAD), or green card (Form I-551). For those who submitted a Form G-325R through MyUSCIS, as outlined above, it is advisable to carry a printout of the Proof of Alien Registration. Registrants can print out a copy of it from their MyUSCIS account.

Noncitizens also remain obligated to inform USCIS of any changes in address within 10 days of relocation. They can do so by filing a Form AR-11.

Penalties for Failing to Register or Carry Proof of Registration

Failure to register or carry proof of registration as required under INA §§ 262 and 264 may result in serious legal consequences.

• Willful failure or refusal to register or provide biometrics: Penalties may include a misdemeanor conviction resulting in a fine not to exceed $5,000, imprisonment for up to six months, or both. These potential penalties also apply to parents or guardians who are required to apply for the registration on behalf of an individual less than 14 years of age and who willfully fail to register for their child.
• Willful failure to carry evidence of registration: Penalties include a misdemeanor conviction resulting in a fine not to exceed $5,000, imprisonment for up to 30 days, or both.

If you have questions regarding registration, please reach out to your legal team at Fredrikson & Byron.