Alien Registration Requirement

A long-time requirement under immigration law requires all non-citizens living in the United States to register their presence in the United States.  Until January 20, 2025, this requirement was not enforced by the Department of Homeland Security (DHS), but DHS is now requiring registration and will penalize those who do not comply. The purpose of this post is to review who is required to register, and what you must carry to prove registration.

I.  Registration Requirement Overview

Who must register? All aliens 14 years of age or older who were not registered and fingerprinted who will remain in the U.S. for 30 days or longer.  They must apply before the expiration of those 30 days.  The parents or legal guardians of aliens less than 14 years of age must apply for the registration of aliens less than 14 years of age who have not been registered and remain in the United States for 30 days or longer.

If you need to register, you must register through a USCIS Online Account.  The form in the USCIS Account is Form G-325R.  Each person must have their own USCIS Account to register, including children, 14 years old and under.

Once you have submitted Form G-325R, the USCIS will review the information you provided and any DHS records that are available about you.  USCIS will notify you if you have already complied with the registration requirement.

If it appears that you required to register, USCIS will determine if you are required to appear for a biometrics service appointment.  If you are not required to appear for a biometrics services appointment, USCIS will provide you with the evidence of registration.

II. Criminal Penalties for non-compliance

Are there criminal penalties for not registering?  Any alien who willfully fails or refuses to apply to register or be fingerprinted and any parent or legal guardian who is required to apply for the registration on behalf of an alien less than 14 years of age and who willfully fails or refuses to file an application for the registration of such alien, will be guilty of a misdemeanor and will, upon conviction, be fined not to exceed $5,000 or be imprisoned not more than 6 months, or both.

III.  Requirement to register and carry proof of registration

What counts as evidence of registration?  Every alien, 18 years of age and over, MUST, at all times, carry with him and have in his personal possession proof of registration.  The following is a list of typical documents that aliens will possess to satisfy the “carrying” requirement:

·      I-94 – even if expired

·      Green Card

·      Employment Authorization Card (EAD)

·      Notice to Appear

·      Notice of Referral to Immigration Judge

·      Proof of Registration – received from the USCIS after filing Form G-325R

·      Canadian Border Crossing Card

·      Mexican Border Crossing Card

IV. Helpful Links

The USCIS webpage has an instructive and helpful page that provides even further detail on how to comply with the registration requirement. https://www.uscis.gov/alienregistration

If you have questions whether you must register, or what documents satisfy the “carrying” requirement, please schedule a consultation at 412-904-8885.