As we reported in mid-March, pursuant to the new Department of Homeland Security (DHS), Alien Registration Requirement (ARR), starting on April 11, 2025, if you are a non-U.S. citizen, older than 14 years of age and you have not been fingerprinted or registered with DHS, and you remain in the United States for 30 days or longer, you must complete registration and fingerprinting. Parents and guardians are responsible for registering your children who are under 14 years old. Once a child turns 14, they must apply for re-registration within 30 days of their 14th birthday.
Once you are registered, the Department of Homeland Security (DHS) will issue you evidence of registration that you are required to always keep in your possession.
U.S. citizens are NOT required to register or carry proof of registration.
Am I already registered? And what do I need to carry with me as proof of registration?
You are already registered with DHS if:
- You are a Lawful Permanent Resident (LPR) / green card holder
- You are a nonimmigrant admitted to the United States and were issued an I-94 Record, even if the period of admission has expired.
- Please note that I-94 records can be issued at the border/customs on a paper card or electronic I-94 record, OR it can appear at the bottom of an I-797 Approval Notice issued by DHS in the United States after a successful petition for a change or extension of status.
- You were previously issued an immigrant or nonimmigrant visa before you came to the United States (even if your visa is expired)
- You are currently in immigration removal/deportation proceedings (immigration court)
- DHS issued you an Employment Authorization Documents (EAD) / work permit (even if it is expired)
- You have applied for lawful permanent residency (green card) by filing one of the following application forms: I-485, I-687, I-691, I-698, and I-700, even if your application was denied
- You have been issued a Border Crossing Card (BCC)
- You entered the United States as a refugee
Do I need to carry proof of registration with me? YES. You can carry the following document(s) as proof of registration:
- Lawful Permanent Resident Card (green card) (I-551)
- I-94 Arrival Departure record (white card, electronic record or I-94 record at bottom of I-797 Approval Notice)
- I-797 Approval Notice with I-94 Record at the bottom
- Employment Authorization Document (EAD) / work permit (an I-766)
- Form I-797 receipt notice for Forms I-485, I-687, I-691, I-698, and I-700
- I-862 Notice to Appear (NTA) in Immigration Removal Proceedings
- Valid, unexpired nonimmigrant DHS admission or parole stamp in foreign passport
- I-95, Crewman’s Landing Permit
- I-184 Alien Crewman Landing Permit and Identification Card
- I-185 Nonresident Alien Canadian Border Crossing Card
- I-186 Nonresident Alien Mexican Border Crossing Card
- I-221 Order to Show Cause and Notice of Hearing
- I-221S Order to Show Cause, Notice of Hearing, and Warrant for Arrest of Alien
- I-863 Notice of Referral to Immigration Judge
I am not already registered. What does the Alien Registration Requirement say I have to do?
If you are not one of the people described above, you are required to register with DHS. This includes:
- People age 14 and older, who plan to stay in the USA for 30 days or longer
- Children under age 14, who plan to stay in the USA for 30 days or longer, need to be registered by their parents
- Previously registered children turning 14
You are required to register if you:
- Entered the United States without permission and have not applied for or received lawful status,
- Are a Canadian visitor who entered the United States by land and were not issued evidence of registration,
- Have applied for DACA or TPS BUT have not yet received an Employment Authorization Document (EAD)/work permit (if you have an EAD, you have registered)
How do I register?
If you must register with DHS, you should visit the U.S. Citizenship & Immigration Services’ (USCIS) website to learn about registration requirements, which include:
- Creation of a USCIS online account. Note, each registering person must have their own USCIS account, including children under age 14. There is no fee to create a USCIS online account.
- Electronic submission of Form G-325R. This form must be submitted through the individual’s USCIS account. You cannot file this by mail or in person. There is no fee to submit Form G-325R.
- Wait for USCIS to review Form G-325R. USCIS will review the submission and determine if you have already registered.
- Attendance of a biometric appointment at a USCIS Application Support Center (ASC). If USCIS determines that you have not previously registered, it will schedule you for a biometric appointment. There is no fee to attend a biometric appointment.
- Receive and carry the registration document with you. Once you have completed the biometric appointment, USCIS will provide proof of registration in your USCIS online account. You must then print and carry the registration evidence with you.
What if I do not register with DHS?
If you are required to register but willfully do not do so and/or do not attend your biometric appointment, or if you are a parent who fails to complete these tasks on behalf of your child under 14 years of age, you may be charged with a misdemeanor criminal offense, fined up to $5,000, and/or imprisoned for up to six months.
Under the DHS Alien Registration Rule, all non-U.S. citizens in the United States and 18 years of age and older must always carry evidence of their registration. If you do not have registration evidence in your possession, you may be charged with a misdemeanor criminal offense, fined up to $5,000, and/or imprisoned for up to 30 days.
All non-U.S. citizens in the United States who are required to register must report address changes to USCIS within 10 days of moving. If you do not timely update your address with USCIS, you may be charged with a misdemeanor criminal offense, fined up to $5,000, and/or imprisoned for up to 30 days.
If I do register with DHS, what are the risks?
If you are removable from the United States, complying with the registration requirement may result in you being placed in immigration court proceedings, subject to expedited removal, and/or placed in an immigration detention facility.
Complying with the registration requirement may also inadvertently incriminate you by providing information about your manner of entry and other data. If you have a criminal history, you should seek separate counsel on the criminal law implications of registering with USCIS.
If I do not register with DHS, what are the risks?*
If you willfully fail to register, attend a biometric appointment (if required), or fail to update USCIS with changes to your mailing addresses, these are criminal offenses which could subject you to criminal liability, fines, and jail time.
For more information on the DHS Alien Registration Requirement, please review the National Immigration Law Center’s Advisal, Know Your Rights: Trump’s Registration Requirement for Immigrants, or contact Kolko & Casey, P.C.
This advisal is intended for general information purposes only and does not constitute legal advice. You should not act or rely on any information in this article without seeking the advice of a competent, licensed immigration attorney.
* “A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent[.]” MR 1.2(d), Scope of Representation and Allocation of Authority Between Client and Lawyer. The ARR is mandatory, with criminal penalties for failure to comply. INA § 262. Attorneys do not violate MR 1.2(d) if they acknowledge that a client may choose to not register and discuss the possible consequences of such a decision. The Rules of Professional Conduct allow attorneys to “discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law.” MR 1.2(d). Ultimately, a “lawyer shall abide by a client’s decisions concerning” their representation objectives, and consult with a client on the means of pursuing those objectives.” MR 1.2(a). A client choosing to violate a statute after consultation with an attorney does not necessarily make the attorney party to the criminal violation. Ibid, comment 9.
About the Author
Jennifer Casey is Managing Partner at Kolko & Casey, P.C. Jennifer specializes in employment based and family based immigration matters.
