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Understanding Alien Registration Requirements

Effective April 11, 2025, the US Department of Homeland Security (USDHS) began enforcing an updated requirement for noncitizens to register in the U.S. Although this requirement has existed since 1940, the USDHS is instituting more effective means of enforcing it. USDHS has now created an online registration system for noncitizens to comply if they have not already been registered.

Who does this new rule apply to?

These new rules apply to all noncitizens, including undocumented foreign nationals or individuals who are unlawfully present in the U.S.  As our firm focuses on the area of employment-based immigration law, our blog will focus on noncitizens who are legally present in the U.S.  This includes all nonimmigrant visa holders (those who are in H-1B, L-1, TN, F-1, etc., and their dependents) in addition to lawful permanent residents (green card holders). Please review the content below to see how these new rules apply to you.

USDHS requires children who are turning 14 years old to “re-register” in this new system. If you have a child who is in the U.S. and will be turning 14 years old, they must re-register in the new system and schedule a fingerprinting appointment.

Required Documentation to Carry at all times

USDHS requires all noncitizens (including visa holders and permanent residents) who are 18 years old and older to always carry a “Proof of Registration” document plus a government-issued photo ID.  Please review the content below to gain an understanding of these requirements.  We also recommend reviewing the ACLU article Know Your Rights-Enforcement at the Airport to understand your rights.

Penalties

Failing to notify USCIS of a change of address within 10 days of a move, or failing to carry registration documents may result in a criminal misdemeanor charge that may result in:

• $5,000.00 fine
• Imprisonment of up to 30 days
• Possible denial of U.S. immigration benefits
• Deportation/removal

Failing to register may result in a criminal misdemeanor charge that may result in:

• $5,000.00 fine
• Imprisonment of up to 6 months
• Possible denial of U.S. immigration benefits
• Deportation/removal

What is Alien Registration?

Pursuant to an existing law from 1940, every noncitizen, including nonimmigrants in visa status, lawful permanent residents, and undocumented individuals, who will be in the U.S. for 30 days or more, must be registered and fingerprinted. They must always carry proof of such registration and must always notify USCIS of a change in address. While this law has not been regularly enforced, the U.S. government has set up a new process to register for those who have not previously registered, and instituted higher fines and consequences, including possible denial of immigration benefits and deportation. This new process was made effective on April 11, 2025.

Who needs to register?

Many noncitizens who are present in the U.S. on visas are already considered registered (see section entitled “Who is considered to have already registered,” below.) Any other noncitizens who enter the United States and plan to stay for 30 days or longer must register before the expiration of the 30 days. This includes:

• Canadians who enter at a land border and are not issued a Form I-94, Arrival/Departure Record.
• Children who turn 14 years old while in the United States, must re-register within 30 days of their 14th birthday.

Parents or legal guardians are required to register their children who were not registered upon visa application and who will remain in the U.S. for 30 days or longer.

Carrying Your Registration Documents with You

U.S. Department of Homeland Security requires that noncitizens 18 years of age and older always carry your registration documents with you in addition to a government-issued photo identification document.

Who is considered to have already registered?

U.S. Department of Homeland Security considers the following noncitizens among those who have already registered:

• Lawful permanent residents.
• People 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 people present in the United States (except those under the age of fourteen) who were issued immigrant or nonimmigrant visas before their last date of arrival.
• People issued an employment authorization document.
• People who have applied for lawful permanent residence using Forms I-485 and provided fingerprints (unless waived).

Individuals Who Are Exempt from the Registration Requirement

• Visa holders who have already registered and fingerprinted through their application for a visa at a U.S. Consulate (including those individuals with B-1/B-2, E-1/E-2/E-3, F-1/F-2, H-1B/H-4, J-1/J-2, K-1/K-2, L-1/L-2, TN-2/TD visas)
• “A” visa holders
• “G” visa holders
• Those in U.S. for less than 30 days
• If an LPR is outside of the U.S. when he turns 14, the individual must apply for registration and provide a photograph within 30 days of return
• American Indians born in Canada who possess at least 50% blood of the American Indian race who are present in the US under the authority of 8 USC 1359

How and Where to Register

USCIS has established a new form, G-325R, Biometrics Information (Registration). Form G-325R is submitted online through an account created on the USCIS website.

Steps to Register

1. Create an online USCIS account at https://my.uscis.gov/
2. Complete and submit Form G-325R.
3. Attend a biometrics appointment at a USCIS Application Support Center, at which time a statement is signed under oath reaffirming to the information provided.
4. Receive proof of alien registration, after completion of background checks.
5. The Proof of Alien Registration document will be available in the USCIS online account.

What does Form G-325R require?

1. Current Legal Name
2. Contact Information
3. Physical Address and Address History for the past 5 years
4. Immigration History
5. Biographic Information
6. Police/Criminal Record
7. Family Information

What happens once the Form G-325R is filed?

USCIS will confirm whether the noncitizen is registered (other than a child required to re-register after their 14th birthday), and, in that case will close the application.

If USCIS accepts the applicant’s Form G-325R, USCIS will schedule a biometrics appointment for applicants 14 years old and older. The applicant must then appear for in-person biometrics collection appointment at a local USCIS Application Support Center. Once biometrics (fingerprints and photo) are collected, USCIS initiates security and background checks.

Once the security and background checks are complete, USCIS’ online system will produce a “Proof of Alien Registration” document. The noncitizens must print and always carry this document with them.

What documents count as proof of registration?

The “Proof of Alien Registration” document counts as proof of registration in addition to the following documents:

• I-94, Arrival-Departure Record, which covers people admitted with non-immigrant visas. [www.cbp.gov/i94]
• I-185, Nonresident Alien Canadian Border Crossing Card—Citizens of Canada or British subjects residing in Canada.
• I-186, Nonresident Alien Mexican Border Crossing Card—Citizens of Mexico residing in Mexico.
• I-485, Application for Status as Permanent Resident.
• I-551, Permanent Resident Card—Lawful permanent residents of the United States.
• I-766, Employment Authorization Document [EAD]

Deadline to Register

There is no specified date by when registration must occur except that anyone who is in the U.S. for more than 30 days must register if they do not have one of the listed “Proof of Alien Registration” documents listed above. In addition, noncitizen children who turn 14 must re-register within 30 days of the 14th birthday – even if they have a listed document.

What Happens If You Don’t Register or Carry Proof?

Registration is an essential obligation of noncitizens in the United States. Moreover, noncitizens who are 18 years or older must always carry proof of their registration. Noncitizens who are required to register and are found to be noncompliant face serious consequences. Failure to register or failure to carry proof of registration could amount to a misdemeanor punishable by a fine of $5,000 or imprisonment of up to 30 days, or both. This is a misdemeanor criminal offense. There is a separate criminal offense and removal
ground for registering using false documents.

Noncitizens who have a criminal history, or who entered the U.S. without inspection (EWI) or are otherwise not in lawful immigration status face additional risks and consequences. The registration requirement will mean disclosing activities that may violate immigration or criminal laws. This may include enforcement proceedings, and penalties up to and including imprisonment and/or removal (deportation) from the U.S. Therefore, we recommend those individuals consult with an immigration attorney to fully understand the requirements, risks and consequences.

If a noncitizen does not register and later applies for an immigration benefit or visa, the U.S. government might deny the benefit or visa for failing to register.

Change of Address Requirement

If you move, you must notify USCIS of your new address within 10 days. Failure to do so can result in a fine of up to $5,000 and/or up to 30 days’ imprisonment and may result in removal/deportation. Change of Address process is found at: https://www.uscis.gov/ar-11. Note that foreign students may need to update both SEVP + USCIS records.

Know Your Rights

Everyone living in the U.S. has basic rights under the Constitution. Namely, everyone living in the U.S. has the right to remain silent and to refuse to speak to immigration officers. You have the right to speak to a lawyer if arrested. See AILA’s Know Your Rights Flyer on being stopped in a public place.

This document was initially prepared by American Immigration Lawyers Association (AILA Doc. No. 25041634) and modified by J. Aponte & Associates, LLC to reflect applicability to our audience.

This document is intended for general information purposes only and does not constitute legal advice. You should not act or rely on any information in this flyer without seeking the advice of a competent, licensed immigration attorney.

If you have questions about the registration requirements, please contact J. Aponte & Associates, LLC at (312) 762-5966 or info@japontelaw.com.