A Guide to USCIS Registration Requirements

A wave of uncertainty is sweeping through the U.S. following the recent enforcement of a long-dormant federal rule originally under the Smith Act. Enacted in 1940, the Smith Act required certain noncitizens to register, submit biometric data, and carry proof of registration, or face fines, imprisonment, or deportation. In 2025, the government revived this mandate, expanding its scope and enforcement

Background

Starting on April 11th, 2025, a new policy has been implemented requiring all immigrants who did not enter the United States with a visa to register with the federal government. Individuals, particularly those without formal legal status, must now submit personal and biometric data online or face significant penalties, including fines, imprisonment, and deportation. The DHS also issued a new online process via Form G-325R, Biographic Information (Registration).

DHS Secretary Kristi Noem said the goal is to “locate, apprehend, and remove” noancompliant individuals, adding that “there will be no sanctuary for noncompliance.”

Who Must Register

• Individuals Present Without Inspection: Those who entered the U.S. without being formally admitted or paroled by an immigration officer and have not otherwise registered (e.g., by applying for certain benefits).
• Canadians Entering by Land Without I-94: Canadian citizens admitted as visitors for business or pleasure at a land border who are not issued a Form I-94 (Arrival/Departure Record) must register if their stay in the U.S. will last 30 days or longer.
• Children Turning 14: All non-citizen children, regardless of their immigration status or previous registration, must re-register and provide biometrics within 30 days of their 14th birthday while in the U.S. For children with green cards (Lawful Permanent Residents or LPRs), this is done via Form I-90; for others (e.g., dependents on nonimmigrant visas like H-4 or L-2), it requires Form G-325R
  • Parents/Guardians: Parents or legal guardians are responsible for registering children under 14 who fall into the required categories and will remain in the U.S. for 30 days or longer.

Who is Considered Already Registered?

Immigrants who have already registered include the following:

• Lawful permanent residents;
• People paroled into the United States under INA 212(d)(5), even if the period of parole has expired;
• People admitted to the United States as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of Admission has expired.
• All people present in the United States (except those under the age of fourteen) who were issued immigrant or nonimmigrant visas before their last date of arrival
• People whom DHS has placed into removal proceedings
• People issued an employment authorization document (EADs or work permits)
• People who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698 I-700, and provided fingerprints (unless waived), even if the applications were denied
• People issued Border Crossing Cards.

Who is Exempt

•  Visa holders who have already been 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
• An LPR is outside of the U.S. when he turns 14, the individual must apply for registration and provide a photograph within 30 days of return
• 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
• Departure without the institution of deportation proceedings – For individuals departing voluntarily without formal removal
• I-95, Crewman’s Landing Permit – For crewmen arriving by vessel or aircraft
• I-181, Memorandum of Creation of Record of Lawful Permanent Residence – For noncitizens presumed to be lawfully admitted
• I-184, Alien Crewman Landing Permit and Identification Card – For crewmen arriving by vessel
• I-185, Nonresident Alien Canadian Border Crossing Card – For citizens of Canada or British subjects residing in Canada
• I-186, Nonresident Alien Mexican Border Crossing Card – For citizens of Mexico residing in Mexico
• I-221, Order to Show Cause and Notice of Hearing – Issued to individuals facing deportation proceedings
• I-221S, Order to Show Cause, Notice of Hearing, and Warrant for Arrest of Alien – For individuals against whom deportation proceedings are being instituted
• I-485, Application for Status as Permanent Resident – Used to apply for lawful permanent residency
• I-551, Permanent Resident Card – Issued to lawful permanent residents of the United States
• I-590, Registration for Classification as Refugee-Escapee – For individuals seeking refugee classification
• I-687, Application for Status as a Temporary Resident – For those applying for temporary lawful status
• I-691, Notice of Approval as a Temporary Resident – Issued to confirm approval of temporary resident status
• I-698, Application to Adjust Status from Temporary to Permanent Resident – Used to transition from temporary to permanent residency
• I-700, Application for Status as a Temporary Resident – Another form used for applying for temporary resident status
• I-766, Employment Authorization Document (EAD) – For individuals with authorization to work in the U.S.
• I-817, Application for Voluntary Departure under the Family Unity Program – For eligible individuals seeking to remain in the U.S. under family unity provisions
• I-862, Notice to Appear – Issued to individuals in removal proceedings
• I-863, Notice of Referral to Immigration Judge— People against whom removal proceedings are being instituted

What Counts as Proof of Registration

Acceptable proof of registration includes:

• USCIS Proof of G-325R Registration
• Form I-94
• Form I-551 (Green Card)
• Form I-766 (EAD)
• Border Crossing Cards
• Notice to Appear (NTA)
• Holders of a Border Crossing Card   

Navigating the Uncertainty: Seek Legal Advice

Given the significant risks and complexities, seeking advice from a qualified and reputable immigration attorney before taking any action regarding registration is strongly recommended. An attorney can assess individual circumstances, explain potential consequences, and advise on legal rights.

 Registration Process:

Online Accounts and biometrics registration under the new rule involves several steps, conducted entirely online:

1. Create a USCIS Online Account: Each individual needing to register must have their separate account at my.uscis.gov, even children under 14 (parents create the account in the child’s name). An email address is required.
2. Submit Form G-325R Online: Complete and submit the electronic Form G-325R through the individual’s USCIS account.
   • Paper submissions are not accepted. The form requires extensive details, including legal name, contact info, 5-year address history, immigration history, biographic data (height, weight, race, etc.), criminal record, and family information.
3. USCIS Review: USCIS reviews the submitted form and checks DHS records. If the individual is found to be already registered, they will be notified.
4. Attend Biometrics Appointment (If Required): If registration is required and biometrics (fingerprints, photo, signature) are needed, USCIS will schedule an appointment at an Application Support Center (ASC).
   • Fingerprinting is generally waived for children under 14 and Canadian visitors registering via G-325R.
5. Receive Proof of Registration: After successful registration and biometrics (if required), USCIS will post a “USCIS Proof of G-325R Registration” notice to the individual’s online account, which can be downloaded and printed.

Registration Deadline

There is no specified date by which registration must occur, except that anyone who is in the U.S. for more than 30 days must register and noncitizen children who turn 14 must register within 30 days of their 14th birthday.

Change of Address Requirement

If you move, you must notify USCIS of your new address within 10 days. Failure to do so can result in a fine of up to $5,000 and/or up to 30 days of imprisonment. It may also lead to removal proceedings.

Keeping Your Registration Documents Safe

As a result of this new ruling it’s a good idea to always carry your registration documents with you in the event you get stopped.

AILA Recommendations

Individuals who may be affected by this policy must consult with a competent and reputable immigration lawyer, if at all possible, to receive the most appropriate advice for their circumstances.