Below is general information about registration of non-citizens, and it does not constitute legal advice. Nothing stated below is intended to take away a non-citizen's Fifth Amendment Right against self-incrimination (to remain silent). Before registering, consult with a competent immigration attorney.
Starting April 11, 2025, non-citizens in the U.S. thirty days or more (who are not already considered registered) are required to apply to register and to be fingerprinted by United States Citizenship and Immigration Services (“USCIS”). See Executive Order 14159 (“EO”) and Alien Registration Act of 1940 (“Act”) incorporated in Immigration and Nationality Act of 1952. 8 U.S.C. 1301-1306) (“INA”).1
When you register, you are letting the US Government know you are present in the U.S. and where you live. The U.S. Government stated it will use this registration as an enforcement tool to deport people. Registration does not grant any protection to remain in the U.S. Because the rules that require the registration are unclear, you should consult with a competent immigration attorney before registering. An attorney can help you determine if registration is required for you. Also, an attorney can help you understand the consequences of your registration or failure to do so, as well as your Fifth Amendment right against self-incrimination (also known as your right to remain silent).
If you have one of the following documents, you are considered already registered and DO NOT need to register again:
- I-94, Arrival-Departure Record— Issued to non-citizens admitted as non-immigrants, paroled into the United States under section 212(d)(5) of the INA.
- I-95, Crewmen's Landing Permit.
- I-184, Foreign National Crewman Landing Permit and Identification Card.
- I-185, Nonresident Foreign National Canadian Border Crossing Card.
- I-186, Nonresident Foreign National Mexican Border Crossing Card.
- I-221, Order to Show Cause and Notice of Hearing.
- I-551, Permanent Resident Card.
- I-766, Employment Authorization Document (Work Permit).
- Form I-862, Notice to Appear (to immigration court in a removal proceeding).
- Form I-863, Notice of Referral to Immigration Judge.
See 8 CFR 264.1(b). In addition, under a note to section 264.1(b), a valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport constitutes evidence of registration.2
You can only register online. Paper registration is not an option. To register, you need to create a unique USCIS account in myUSCIS at https://my.uscis.gov/ ; then, e-file Form G-325R Biographic Information (Registration); and attend a biometrics appointment.
Only willful failure to register is a misdemeanor crime. But what constitutes “willful” failure to register remains unclear.3
In summary, before you register, make sure you fully understand what registration is (an enforcement tool for deportation) and make an informed decision based on how registration (or failure to do so) may impact you. After you register, you are required to carry evidence of registration and notify any subsequent change of address.
For additional information, see the following:
- National Immigration Law Center - https://www.nilc.org/resources/know-your-rights-trumps-registration-requirement-for-immigrants/
Footnotes
1. All non-citizens above the age of fourteen and parents and legal guardians of non-citizen under the age of fourteen, who remain in the United States for 30 days or longer are required to apply to register and to be fingerprinted. Within 30 days of reaching the child’s 14th birthday, the non-citizen child is required to apply in person for registration and to be fingerprinted. 8 U.S.C. 1302(b).
Every registered non-citizen eighteen years of age and over must carry and have in their personal possession any certificate of non-citizen registration or non-citizen registration receipt card. Noncompliance is a misdemeanor punishable by a fine of up to $5,000 or imprisonment for not more than thirty days, or both. 8 U.S.C. 1304(e), 18 U.S.C. 3559(a)(8), 3571(b)(6).
2. The Department of Homeland Security (“DHS”) by regulation designated forms that satisfy registration requirements. See 8 CFR 264.1(a). Also, DHS designated certain forms as sufficient evidence of registration. See 8 CFR 264.1(b). After registration, you will have a continuing obligation to notify the US Government of any change of address required by 8 U.S.C. 1305(a) and 8 CFR 265.1.
3. A non-citizen's willful failure or refusal to apply to register or to be fingerprinted is punishable by a fine of up to $5,000 or imprisonment for up to six months, or both. 8 U.S.C. 1306(a). The same applies to the non-citizen's parent or legal guardian's willful failure or refusal to register.
Each non-citizen required to be registered under the non-citizen registration requirements of the INA who is within the United States must notify DHS in writing of each change of address and new address within ten days from the date of such change. 8 U.S.C. 1305(a). Noncompliance is a misdemeanor punishable by a fine of up to $5,000 or imprisonment for not more than thirty days, or both. 8 U.S.C. 1306(b); 18 U.S.C. 3559(a)(8), 3571(b)(6).
A non-citizen who failed to comply with the change-of-address notification requirements of 8 U.S.C. 1305 is deportable unless the non-citizen establishes that such failure was reasonably excusable or was not willful. See 8 U.S.C. 1227(a)(3)(A).
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