On March 12, 2025, the U.S. Department of Homeland Security (DHS) published an Interim Final Rule mandating that certain non-U.S. citizens register with U.S. Citizenship and Immigration Services (USCIS) if they are not already registered. The rule is scheduled to take effect April 11, 2025.

Individuals in the U.S. who are not registered and do not have proof of inspection by an officer from their last entry (including those who are fully undocumented) should consult with legal counsel for specific legal advice. General information regarding your rights if stopped by law enforcement is available here.

What is the registration requirement?
The law requires non-U.S. citizens residing in the U.S. who are not already registered, to register with DHS.
All registered foreign nationals are required to carry proof of registration.
All foreign nationals are required to notify USCIS of a change of address by filing Form AR-11 within 10 days of moving.

Who is generally subject to the registration requirement?
The registration requirement applies to:

• • Foreign nationals aged 14 and older: Non-U.S. citizens who were not fingerprinted or registered when applying for a U.S. visa and who plan to stay in the U.S. for 30 days or longer must register before the expiration of the 30 days.
• • Foreign national children under 14: Parents or legal guardians must register children who were not registered upon visa application and who will remain in the U.S. for 30 days or longer. The registration must occur before 30 days are reached.
• • Previously registered foreign national children turning 14 while in the United States: Children turning 14 must re-register and provide fingerprints within 30 days after their 14th birthday.

Who is already registered
Individuals considered to be registered already include:

• • Lawful permanent residents (“green card” holders);
• • Foreign nationals present in the United States who were issued immigrant or nonimmigrant visas before their last date of arrival;
• • Foreign nationals 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;
• • Foreign nationals paroled into the United States, even if the period of parole has expired;
• • Foreign nationals whom DHS has placed into removal proceedings;
• • Foreign nationals issued an employment authorization document (EAD);
• • Foreign nationals 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,
• • Foreign nationals issued Border Crossing Cards.

Who is not considered registered?
The USCIS announcement specifically notes that the following groups are not considered to be registered:

• • Those who entered the U.S. without inspection and admission, or admission and parole, who have otherwise not registered, i.e., those who are fully undocumented.
• • Canadians who entered at a land port or ferry crossing and were not issued evidence of registration (Form I-94).
• • Those who applied for immigration relief like asylum, DACA, TPS, U visas, T visas, S visas, and VAWA self-petitions, but who have not been issued evidence of that status (as listed in 8 CFR 264.1(b)).

Who is exempt from the general registration requirement?
The following individuals are considered exempt from the registration requirement:

• • Officials of foreign governments and international organizations who have A or G visas;
• • Native Americans born in Canada who possess at least 50% blood of the American Indian race who are present in the United States under the authority of 8 USC 1359; and,
• • Foreign nationals who remain in the United States for less than 30 days.

Note, being exempt from the requirement entirely, as set forth above, is different than being considered to have been registered already. Most non-citizens in the U.S. who were issued an I-94 card at admission, or who possess an I-551, permanent resident card (“green card”), are already considered to be registered and do not need to take action to register. However, there are some notable instances where affirmative action must be taken to comply with the registration requirement:

• • Non-citizen children under the age of 14 must register and appear for fingerprinting within 30 days of turning 14 in the United States.
• • Canadian citizens entering the U.S. for business or tourism must take action to register within 30 days of admission if they were not issued an I-94 at admission.
  • • Canadian citizens entering by air should be issued an I-94 document; it is imperative to check the CBP I-94 website after admission to confirm issuance of the I-94.
  • • Canadians entering the U.S. at a land crossing or by ferry often are not issued an I-94. In this instance, the individual must register after admission if they intend to remain in the U.S. for more than 30 days. To avoid the need to register after entry, Canadian citizens entering the U.S. at a land or ferry crossing should confirm they are being issued an I-94. The fee for an I-94 is $6.00. The request for the I-94 at a land border can be made on the CBP Home Mobile Application.

How does one register?
Each individual not already considered registered must create their own USCIS Online Account. A parent or legal guardian of a foreign national under age 14 will need to set up an individual account on their child’s behalf, in their child’s name. Once the USCIS online account is created, the registrant must complete G-325R.
USCIS has published additional information about the registration requirement.

What is the penalty for failure to comply with the registration requirement?
Those who do not comply with the registration and fingerprinting requirements will be subject to either a fine of up to $5,000 or imprisonment for up to six months, or both. Noncompliance may be considered a criminal offense. 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 of their registration and fingerprinting at all times. Failure to do so could amount to a misdemeanor punishable by a fine of up to $5,000 or imprisonment of not more than 30 days, or both. Again, this is a criminal offense.

Important Note

Registration does not provide legal immigration status or work authorization.
For additional information, please contact your designated Van Der Hout LLP representative.