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April 24, 2025

The Alien Registration Requirement: What to do or not do?

What is Alien Registration?

On April 11, 2025, pursuant to the Alien Registration Act of 1940, USCIS began enforcing the requirement for certain foreign nationals to register with the agency and submit to fingerprinting if they remain in the U.S. for 30 days or longer.

All non-U.S. citizens over the age of 14 must register and be fingerprinted if they remain in the U.S. for 30 days or longer and have not completed registration or fingerprinting processes through a visa application or other acceptable immigration process.

Parents and legal guardians must ensure that their non-U.S. children below the age of 14 are registered, but these children will not need to complete fingerprinting until they reach the age of 14.

The following information summarizes the registration requirements, application process and the potential penalties for failing to register.

Who Needs to Register?

  • All non-U.S. citizens, who will remain in the U.S. for more than 30 days and who did not complete the registration process in connection with a visa or ESTA admission, including:
  • Canadian visitors who entered the United States at land ports of entry and do not have an I-94 record;
  • Non-U.S. citizen children below the age of 14 who have not previously registered and who will remain in the U.S. for 30 days or more, will need to register (these children will be issued proof of registration but are not required to complete fingerprinting until they turn 14);
  • All non-U.S. citizen children, regardless of previous registration, who turn 14 years of age in the United States, must update their registration and be fingerprinted within 30 days after their 14th birthday;
  • Persons who entered without inspection and who have not been fingerprinted in connection with any pending application for immigration benefits;
  • Permanent residents who obtained their green cards when under the age of 14 are required to register and complete fingerprinting through a Form I-90 once they reach the age of 14. The I-90 Form should be used for this type of registration rather than Form G-325R; and
  • Non-U.S. citizens who submitted one or more benefit requests to USCIS and who do not yet have Alternate Proof of Registration as listed below, including those who applied for Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS), and were not issued an employment authorization document or other acceptable proof of registration, must register with Form G-325R.

Who Does Not Need to Register?

The following individuals are not required to apply for registration under the new ARR policy:

  • Foreign nationals who remain in the U.S. for fewer than 30 days;
  • Nonimmigrants and those already considered to be registered, including:
  • Citizens of Visa Waiver Program (VWP) participating countries granted ESTA travel authorization;
  • Lawful Permanent Residents;
  • Non-U.S. citizens paroled into the United States under INA212(d)(5) even if the period of parole has expired;
  • Non-U.S. citizens 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;
  • Non-U.S. citizens whom DHS has placed into removal proceedings;
  • Canadians who enter the U.S. and are issued an I-94 record (paper or electronic);
  • Non-U.S. citizens issued an employment authorization document;
  • Non-U.S. citizens who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, and I-700 and provided fingerprints (unless waived), even if the applications were denied; and
  • Non-U.S. citizens issued Border Crossing Cards.

Individuals Who are Exempt from the Requirement

  • Visa holders who have been already registered and fingerprinted through their application for a visa;
  • 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

What if You Are Undocumented?

If you entered the U.S. without inspection and do not have legal status, you are required to register as a non-citizen. Registering does not grant legal status and may result in the registrant being detained and placed in removal proceedings. Failure to register may result in civil and criminal penalties.

You should consult with an immigration attorney prior to registering in order to understand the registration process, your rights, and any potential legal risks.

Keeping Your Registration Documents Safe

Always carry your registration documents with you.

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 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 a proof of alien registration document, 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 past 5  years
  4. Immigration History
  5. Biographic Information
  6. Police/Criminal Record
  7. Family Information

What documents count as proof of registration?

The “proof of alien registration” document counts as proof of registration. So do the following documents:

  • I-94 (Arrival-Departure Record) which covers:
  • People admitted with non-immigrant visas.
  • People paroled into the U.S. under 212(d)(5) of INA.
  • People who have been granted permission to depart without the institution of deportation proceedings.
  • I-95, Crewmen’s Landing Permit—Crewmen arriving by vessel or aircraft.
  • I-181, Memorandum of Creation of Record of Lawful Permanent Residence—Noncitizens presumed to be lawfully admitted.
  • I-184, Alien Crewman Landing Permit and Identification Card—Crewmen arriving by vessel.
  • 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-221, Order to Show Cause and Notice of Hearing—People against whom deportation proceedings are being instituted.
  • I-221S, Order to Show Cause, Notice of Hearing, and Warrant for Arrest of Alien—People against whom deportation proceedings are being instituted.
  • I-485, Application for Status as Permanent Resident.
  • I-551, Permanent Resident Card—Lawful permanent residents of the United States.
  • I-590, Registration for Classification as Refugee- Escapee.
  • I-687, Application for Status as a Temporary Resident.
  • I-691, Notice of Approval 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— People with work permits.
  • I-817, Application for Voluntary Departure under

the Family Unity Program.

  • I-862, Notice to Appear—People against whom removal proceedings are being instituted
  • I-863, Notice of Referral to Immigration Judge— People against whom removal proceedings are being instituted.

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 and that noncitizen children who turn 14 must register within 30 days of the 14th birthday.

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

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. This is a misdemeanor criminal offense.

There is a separate criminal offense and removal ground for registering using false documents.

If you do not register and later apply for an immigration benefit or visa, the 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 $5000 and/or up to 30 days imprisonment and may result in removal.

It is essential that individuals who may be affected by this policy consult with a competent and reputable immigration lawyer, if at all possible, to receive the most appropriate advice for their circumstances. If you have questions about the registration requirement, we encourage you to contact our office at Law Offices of Raul Ray at (408) 279-5793.

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