Client Alert: USCIS Alien Registration Requirement 


Effective April 11, 2025, certain foreign nationals who are not already considered registered (as described below) are required to register with U.S. Citizenship and Immigration Services (USCIS) and undergo biometrics collection and a background check. Such registration is in furtherance of the Executive Order issued on January 20, 2025 by President Trump entitled “Protecting the American People Against Invasion,” which directed the Department of Homeland Security (DHS) to ensure that all foreign nationals comply with their duty to register with the government, with the failure to comply being treated as a civil and criminal offense. The DHS issued an Interim Final Rule (IFR) on March 12, 2025 outlining how the registration requirement would be implemented through an online system administered by USCIS.

 

Who Is Already Registered?



Foreign nationals who are already registered include:

 

  • U.S. lawful permanent residents
  • Foreign nationals paroled into the United States under INA 212(d)(5), even if the period of parole has expired
  • Foreign nationals admitted as nonimmigrants who were issued Form I-94 or I-94W, even if the period of admission has expired
  • Foreign nationals present in the United States who were issued immigrant or nonimmigrant visas prior to arrival
  • Foreign nationals placed into removal proceedings
  • Foreign nationals issued an employment authorization document (EAD)
  • Foreign nationals who have applied for lawful permanent residence even if the applications were denied
  • Foreign nationals issued Border Crossing Cards

 

 Who Must Be Registered

 

All foreign nationals physically present in the United States who will turn 14 years old on or after April 11, 2025, were not previously registered or fingerprinted when applying for a visa to enter the United States and who intend to remain in the United States for 30 days or longer must apply for registration and fingerprinting. In addition, parents and guardians must ensure that minors below the age of 14 who will remain in the United States for 30 days are registered within 30 days of entering the U.S. Once a minor reaches 14 years of age, re-registration and fingerprinting is required within 30 days of their 14th birthday.

 

In the IFR, the DHS estimates the affected population to be between 2.2 million and 3.2 million, after accounting for groups who have engaged with DHS and have previously filed one of the designated registration forms. Some examples of the population groups affected by the registration requirement include:

 

  • Foreign nationals who are present in the U.S. without inspection and admission.
  • Foreign nationals who are present in the U.S. after inspection and parole, who have not yet registered.
  • Foreign nationals who turn 14 years old in the U.S. regardless of whether previously registered or not.
  • Canadian visitors who entered the United States at land ports of entry and by ferry who: (a) intend to stay in the U.S. for more than thirty (30) days in a single visit and (b) were not issued evidence of registration or an I-94 admission record.
  • Such Canadian visitors should request an I-94 at the time of their admission to the U.S. The fee for an I-94 is $6.00 (US).


In contrast, Mexican nationals who enter the U.S. as B-1/B-2 visitors are not visa-exempt. Thus, most Mexican visitors will not be subject to the new registration requirement because Mexican nationals must obtain a B visa or border crossing card from a U.S. consular post in order to enter the U.S. Some Mexican B visitors may be exempt from the I-94 requirement for certain border zone admissions.


What qualifies as evidence of registration?

 

According to the IFR, DHS regulations identify the following forms/documentation as evidence of registration:

 

  • I-67, Inspection Record—Hungarian refugees (Act of July 25, 1958).
  • I-94, Arrival-Departure Record
  • I-95, Crewmen's Landing Permit
  • I-181, Memorandum of Creation of Record of Lawful Permanent Residence
  • 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 for foreign nationals against whom deportation proceedings are instituted
  • I-221S, Order to Show Cause, Notice of Hearing, and Warrant for Arrest of Alien for foreign nationals against whom deportation proceedings are instituted
  • I-485, Application for Status as Permanent Resident
  • I-551, Permanent Resident Card
  • I-590, Registration for Classification as Refugee
  • I-687, Application for Status as a Temporary Resident
  • I-691, Notice of Approval for Status as a Temporary Resident
  • I-698, Application to Adjust Status from Temporary to Permanent Resident
  • I-700, Application for Status as a Temporary Resident
  • I-766, Employment Authorization Document (EAD card)
  • I-817, Application for Voluntary Departure under the Family Unity Program
  • Form I-862, Notice to Appear for foreign nationals against whom removal proceedings are instituted
  • Form I-863, Notice of Referral to Immigration Judge for foreign nationals against whom removal proceedings are instituted
  • New Form G-325R, Certificate of Registration (which may be downloaded in .pdf from myUSCIS account online)

 

Once a foreign national has registered and appeared for fingerprinting (unless waived), DHS will issue evidence of registration, which foreign nationals over the age of 18 must carry and keep in their possession at all times. If the registration document is lost, the foreign national is required to immediately apply for a replacement.


How to Register

 

  1. Create a unique myUSCIS account.
  2. Complete and submit the Form G-325R online (no fee at this time).
  3. Appear for biometrics services appointment at a USCIS Application Support Center (ASC) once notified. At the appointment, fingerprints, a photograph, and a signature will be required. (Biometrics fee may be required at a later time)
  4. After the ASC appointment, the ELIS case management system will produce a “Proof of Alien Registration” form with a unique designated identifier. For those required to register, but for whom a fingerprint is waived, such as Canadian nonimmigrants under the age of 14, the ELIS case management system will issue the “Proof of Alien Registration” form upon receipt of the Form G-325R online.
  5. The Proof of Alien Registration is posted to the foreign national’s myUSCIS account.
  6. The foreign national should downloads a .pdf version of the certificate to print and use as evidence of registration, which must be carried at all times in the personal possession of the foreign national while in the U.S.


  For further information, please contact:

Anthony F. Siliato | Scott R. Malyk | Lin R. Walker | Stacey A. Simon

Meyner and Landis LLP

One Gateway Center, Suite 2500, Newark, New Jersey 07102

Asiliato@meyner.com | Smalyk@meyner.com | Lwalker@meyner.com | Ssimon@meyner.com

 

 

Disclaimer: The information contained herein is intended only for informational purposes and is not a substitute for legal advice. Further, reading this Client Alert in no way establishes an attorney/client relationship between you and Meyner and Landis LLP. Readers should consult legal counsel for definitive advice regarding the current law and regulations and how those apply to your unique situation within your organization.  


 


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