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- What is this new Registration requirement? The Department of Homeland Security (DHS) has provided notice that there will be a Registration requirement for anyone in the United States who remains for a period of more than 30 days. The last time this Registration process was utilized was immediately after 9/11. The statutory basis for registration and fingerprinting comes from The Alien Registration of Act of 1940. This registration requirement will not result in a path to citizenship, nor will it lead to any immigration benefit. This Registration requirement will be used for enforcement purposes only.
- When do we need to register? You do not need to register until the registration process goes into effect on April 11, 2025. Until that time, you do not have any obligation or duty to file a registration form, nor do you have an obligation or duty to set up an online USCIS account. The registration process is not currently LIVE, meaning you SHOULD NOT be submitting anything to the USCIS concerning the registration process until the process becomes LIVE on 4/11/2025. No one should be creating a USCIS account nor registering with the USCIS at this time.
- Who is required to register? All noncitizens above the age of 14 who remain in the United States for 30 days or longer – with some exceptions. Many present in the United States may already be registered. It is important to be screened by an experienced Immigration Attorney before creating a USCIS account and submitting the Registration. Many people present in the U.S. may already be registered.
If you have any of the following, you are already registered and should carry this evidence with you beginning 4/11/2025: Form I-94, Arrival-Departure Record – noncitizens admitted as nonimmigrants; noncitizens paroled into the US under 212(d)(5) of the INA; noncitizens who claimed to have entered prior to July 1, 1924; and noncitizens granted permission to depart without the institution of deportation proceedings; Form I-95, Crewmen’s Landing Permit; Form I-184, Alien Crewman Landing Permit and Identification Card; Form I-185, Nonresident Alien Canadian Border Crossing Card; Form I-186, Nonresident Alien Mexican Border Crossing Card; Form I-221, Order to Show Cause and Notice of Hearing; Form I-221S, Order to Show Cause, Notice of Hearing, and Warrant of Arrest of Aliens; Form I-551, Permanent Resident Card; Form I-766, Employment Authorization Document (EAD); Form I-862, Notice to Appear, for those noncitizens against whom removal proceedings are being instituted; Form I-863, Notice of Referral to Immigration Judge, for those noncitizens against whom removal proceedings are being instituted; and a valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport.
- Who does not need to register? Visa holders who have been already registered and fingerprinted through their application for a visa; A visa holders; G visa holders; those in the U.S. for less than 30 days; Lawful Permanent Residents; American Indians born in Canada who possess at least 50% blood of the American Indian race who are present in the U.S. under the authority of 8 USC 1359.
- What is considered proof of registration? Form I-94, Arrival-Departure Record – noncitizens admitted as nonimmigrants; noncitizens paroled into the US under 212(d)(5) of the INA; noncitizens who claimed to have entered prior to July 1, 1924; and noncitizens granted permission to depart without the institution of deportation proceedings; Form I-95, Crewmen’s Landing Permit; Form I-184, Alien Crewman Landing Permit and Identification Card; Form I-185, Nonresident Alien Canadian Border Crossing Card; Form I-186, Nonresident Alien Mexican Border Crossing Card; Form I-221, Order to Show Cause and Notice of Hearing; Form I-221S, Order to Show Cause, Notice of Hearing, and Warrant of Arrest of Aliens; Form I-551, Permanent Resident Card; Form I-766, Employment Authorization Document (EAD); Form I-862, Notice to Appear, for those noncitizens against whom removal proceedings are being instituted; Form I-863, Notice of Referral to Immigration Judge, for those noncitizens against whom removal proceedings are being instituted; Valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport; and Proof of Registration upon submission of Form G-325R and completion of biometrics.
DHS has already been using the following forms for registration and fingerprints: Form I-67, Inspection Record – Hungarian Refugees; Form I-94, Arrival-Departure Record Nonimmigrants including those entering on ESTA and issued I-94W; Noncitizens paroled into the US under 212(d)(5) of the INA; Noncitizens who claimed entry before July 1, 1924; Noncitizens lawfully admitted to the US for permanent residence who have not been registered previously; Noncitizens who are granted permission to depart without the institution of deportation proceedings or against whom deportation proceedings are being instituted; Form I-95, Crewmen’s Landing Permit; Form I-181, Memorandum of Creation of Record of Lawful Permanent Residence; Form I-485, Application for Status as Permanent Resident – Applicants under sections 245 and 249 of the INA and Section 13 of the INA of September 11, 1957; Form I-590, Registration for Classification as Refugee- Escapee; Form I-687, Application for Status as a Temporary Resident, under section 245A of the INA; Form I-691, Notice of Approval for Status as a Temporary Resident – noncitizens adjusted to lawful temporary residence under 8 CFR 210.2 and 245A.2; Form I-698, Application to Adjust Status from Temporary to Permanent Resident – applicants under section 245A of the INA; Form I-700, Application for Status as. Temporary Resident – applicants under section 210 of the INA; and Form I-817, Application for Voluntary Departure under the Family Unity Program
- What is the penalty to not register? Please note that Registration has three (3) official requirements: (1) Registration; (2) Carrying sufficient proof of Registration; and (3) Notifying the Department of Homeland Security (DHS) in writing of each change in address within 10 days of moving.
If you do not register and provide fingerprints, the penalty is a fine of up to $5,000, imprisonment up to 180 days, or both.
If you do not carry evidence of compliance (18 and over), the penalty is a misdemeanor with a fine of up to $5,000, imprisonment for not more than 30 days, or both.
If you do not notify DHS in writing of each change of address within 10 days of moving, the penalty is a misdemeanor with a fine up to $5,000, imprisonment for not more than 30 days, or both.
There are serious penalties for non-compliance.
- Will registration lead to any immigration benefit? ABSOLUTELY NOT. This registration requirement is being used as an enforcement tool by the Administration. As a reminder, this Registration is being used as an enforcement tool and will not provide any benefit to the person registered.
- How does one register? After screening by a qualified Immigration Attorney, if you are required to submit a registration, you will need to first set up a USCIS Account on the USCIS website. After setting up the account, you will need to complete Form G-325R online through the USCIS website. Submission of Form G325R will trigger the scheduling of a biometrics appointment at a USCIS Application Support Center (ASC). You will be required to provide fingerprints. Once registered, you will need to print out the receipt which will serve as proof that you complied with the registration requirement and carry the receipt on your person at all times. Lastly, anytime you move, you will be required to notify DHS in writing of any change in address within 10 days of moving.
- What is specifically being asked on the registration form? The Form G325R requests the following information: (1) First name, Middle name, Last name; (2) Use of other names since birth including nicknames, aliases, and maiden names; (3) your contact information (telephone number, email address, current and prior physical and mailing addresses); (4) your date of birth; (5) your place of birth; (6) your immigration information (current status, date of arrival, location of arrival); (7) other biographical information to include questions and data about your family members; (8) Police and criminal record; and (9) martial status. The questions asked on Form G325R appear to be similar to the questions asked on Form G325A; however, the Form G325R requires police and criminal records information. REMINDER: FORM G325R is required to be filed with the USCIS electronically through your USCIS account.
- Is it likely that a lawsuit will be filed against this Registration requirement? Yes. It is expected that a lawsuit will be filed in the federal courts over the Registration requirement.
As a reminder, you do not need to register until the registration process goes into effect on April 11, 2025. Until that time, you do not have any obligation or duty to file a registration form, nor do you have an obligation or duty to set up an online USCIS account. The registration process is not currently LIVE, meaning you SHOULD NOT be submitting anything to the USCIS concerning the registration process until the process becomes LIVE on 4/11/2025. No one should be creating a USCIS account nor registering with the USCIS at this time.
It is recommended that you speak with an experienced Immigration Attorney before creating a USCIS Account and submitting the Form G-325R registration. There are serious penalties for non-compliance as well as serious risks for compliance.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, April 4, 2025!
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