Interim final rule on new registration requirements for certain noncitizen immigrants

U.S. Citizenship and Immigration Services announced a new “alien registration” process as part of implementation of an executive order issued by President Trump in January. The interim final rule (IFR) was published in the Federal Register on March 12 and is open to public comment for 30 days (through April 11). The Form G-325R is already available for completion on the myUSCIS website, and individuals who are required to register can submit their completed G-325R, however the final rule does not go into effect until April 11, 2025.

Who is already registered?

Most foreign nationals who have entered the US on nonimmigrant visas, or have been issued a green card (legal permanent residency), border crossing card, or I-94 admission record are already registered. If you have been issued any of the following documents, you are already considered registered:

• I-551 permanent resident card (green card);

• Border Crossing Card (BCC);

• I-766 Employment Authorization Document (EAD);

• I-94 or I-94W Arrival-Departure Record for nonimmigrants and parolees (even if now expired);

• A valid, unexpired DHS nonimmigrant admission or parole stamp in a foreign passport;

• Certain crewmen landing permits;

• I-862 Notice to Appear; and

• Certain other documents issued when a foreign national is placed in removal/deportation proceedings.

• Individuals who have filed certain application forms, including:

  • I-485 adjustment of status application;

  • I-590 application for Registration for Classification as a Refugee; and

  • Certain applications for temporary residence status.

Who needs to register?

• Foreign nationals of any age, including those under age 14, who entered the US without inspection by an immigration officer, and remain in the US for 30 days or more, if they have not been issued any of the abovementioned documents.

• Visa exempt Canadian nationals who enter as visitors for business or pleaseure who enter at a land border and were not issued an I-94 record, and intend to remain in the US for 30 days or longer.

• Foreign nationals who turn 14 years old in the US, whether they were previously registered or not, must re-register within 30 days of their 14th birthday.

How to register?

The new online form process includes filing online Form G-325R. After creating a myUSCIS account on the USCIS website, the foreign natioanl completes and submits the online Form G-325R to collect biographic, contact, and immigration information, as well as address history, date of last entry to the US, current and planned activities in the US, expected duration of stay, and departure date, and criminal history. An attorney cannot complete this form. Only the foreign national or the foreign national’s parent/guardian (if under age 14) may complete the form.

The foreign national will then be scheduled for a biometrics appointment to collect their fingerprints, photo, and signature (unless waived). USCIS will then use this information to run background and security checks, including a check of the FBI criminal history records.

USCIS will issue a “Proof of Alien Registration” document with a unique identifying number, which the foreign national must download and carry with them at all times.

Is there a fee to register?

At this time there is no fee for the form G-325R, but USCIS may charge a $30 biometric fee, but has invited public comment in this interim final rule.

What is the impact of registering?

Registration alone does not provide legal status nor work authorization. One must have an approved application or petition from USCIS/CBP or visa from an Embassy or Consulate in order to maintain status and/or work in the US. Registration will assist the government’s enforcement of US immigration law, and foreign nationals who do not hold valid immigration status and undergo registration may be vulnerable to being placed in removal proceedings in an immigration court.

What is the impact of not registering?

Willful failure or refusal to register is considered a misdemeanor, punishable by a fine of up to $5,000 or imprisonment of up to six months, or both. All foreign nationals, including valid visa holders and permanent residents, are required to carry evidence of their immigration status at all times, and must update their address to USCIS within 10 days of a move. Failure to comply with these regulations is also considered a misdemeanor and punishable by a fine of up to $5,000 or imprisonment of not more than 30 days, or both. Failure to update an address may result in detention and removal, unless the foreign national can satisfy DHS that the failure was reasonably excusable and not willful.