Updates on the Alien Registration Requirement

 

The Department of Homeland Security recently published a rule that provides more specifics on the registration requirement for certain foreign nationals.  The rule explains that foreign nationals will need to complete Form G-325R, Biographic Information (Registration), online, complete biometrics, and carry proof of registration with them at all times.  At this time, there is no filing fee for the Form G-325R, although the government has proposed a $30 fee to recover the cost of the biometrics.  

Registration is not an immigration status, and registration documentation does not establish employment authorization or any other right or benefit under U.S. law.  Under the interim rule, the penalties for not registering are fines up to $5,000 or imprisonment for up to six months, or both. This penalty also applies to a foreign national's parent or legal guardian's failure register their children under the age of 14.  

The registration requirement will take effect on  April 11, 2025.

As a reminder, the registration requirement applies primarily to individuals who were not registered and fingerprinted when applying for a visa to enter the United States and who remain in the United States 30 days or longer.   These individuals include: 

  • Foreign nationals who are present in the U.S. without inspection and admission or inspection and parole;

  • Canadian visitors who entered the U.S. at land ports of entry and were not issued evidence of registration; and,

  • Foreign nationals who submitted benefit requests to USCIS not listed in 8 CFR section 264.1(a), such as applications for DACA or Temporary Protected Status, and were not issued evidence of registration.

The requirement also applies to:

  • The parents and legal guardians of foreign nationals less than 14 years of age who have not been registered and remain in the United States for 30 days or longer, prior to the expiration of those 30 days.

  • Any foreign national, whether previously registered or not, who turns 14 years old in the United States, within 30 days after their 14th birthday.

The registration requirement does not apply to the following foreign nationals: 

  • Lawful permanent residents;

  • Individuals paroled into the U.S. under, even if the period of parole has expired;

  • Individuals admitted to the U.S. as nonimmigrants who were ever issued a Form I-94 (even if the I-94 has expired);

  • All individuals present in the U.S. who were issued immigrant or nonimmigrant visas prior to arrival;

  • Individuals whom DHS has previously placed into removal proceedings;

  • Individuals issued an employment authorization document;

  • Individuals who have ever applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, even if the applications were denied; and

  • Individuals issued Border Crossing Cards.

To register:

The Trump administration indicates that the registration requirement is now being strictly enforced by DHS as part of a broader effort to enhance national security. 

The complete text of the new rule is available here and the earlier agency announcement is available here. We will continue to monitor the situation and provide updates as soon as more information becomes available.

This alert is for informational purposes. Please contact us if you would like to discuss this development further. 

 
Nadia Yakoob