One of the many Executive Orders issued by President Trump in his first days in office included a directive to the Department of Homeland Security (DHS) to enforce a section of the Immigration and Nationality Act (INA) that requires some foreign nationals register with the federal government.
The new requirement will affect certain non-U.S. citizens seeking to live, work, or stay in the United States, and it introduces a process for tracking foreign nationals throughout their time in the United States.
Who does the registration requirement apply to?
All noncitizens over the age of 14 who remain in the United States for 30 days or longer must complete a registration process. (Some exceptions will apply, please see below).
For those noncitizens under the age of 14 and who remain in the United States for 30 days or longer, their parents/guardians must register them. No fingerprinting is required. However, within 30 days of their 14th birthday, the noncitizen must apply in person for registration and be fingerprinted.
NOTE: Canadians who travel into the U.S. and do not receive a Form I-94 must register if they are staying 30 days or longer.
Who is exempt from registering and who may already be registered?
People who are already considered registered (and therefore are exempt from registering) include:
- Lawful permanent residents (LPRs/Green Card holders).
- Noncitizens paroled into the United States under INA 212(d)(5), even if the period of parole has expired.
- Noncitizens 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 noncitizens present in the United States who were issued immigrant or nonimmigrant visas before their last date of arrival.
- Noncitizens who are currently in removal or deportation proceedings.
- Noncitizens issued an employment authorization document (EAD / work card).
- Noncitizens 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
- Noncitizens issued Border Crossing Cards.
When does the registration requirement go into effect?
The new registration requirement is set to go into effect on April 11, 2025.
How do you register?
After April 11, 2025, non-citizens who seek to register can complete Form G-325R, Biometric Information (Registration) through an on-line registration process on the my.uscis.gov website.
What is the punishment for not registering?
Noncompliance will be considered a criminal offense.
Those who do not comply with the registration and fingerprinting requirements will be subject to either a fine of up to $5000 or imprisonment for up to six months, or both. The same applies to the parents or guardians of those under the age of 14 who fail to comply.
Those who are 18 years or older must carry proof at all times of their registration and fingerprinting. Failure to do so could amount to a misdemeanor punishable by a fine of up to $5000 or imprisonment of not more than 30 days, or both.
All noncitizens must also register their change of address within 10 days of moving.
How can you prepare?
Staying informed and working closely with an immigration attorney will be key to ensuring that you comply with the new registration process when it goes into effect and understand how this registration may affect you and your family.
Contact us today to learn more about how this change may affect your specific situation. If you have any questions about this or any other immigration issue or for more information on the rapidly changing field of U.S. immigration law and policy, please contact Kolko & Casey, P.C.
About the Author
Andrea Sweeney is a Senior Associate Attorney at Kolko & Casey, P.C. Andrea specializes in family based immigration matters as well as humanitarian and removal defense.
