Practice Alert: DHS to Publish the Alien Registration Form and Evidence of Registration Interim Final Rule

On March 12, 2025, the US Department of Homeland Security (DHS) will be publishing an Interim Final Rule (IFR) which will take within 30 days requiring individuals to register their presence and provide their fingerprints if they are in the U.S. for 30 days or more. An advanced copy of the IFR was published on March 7, 2025. IFR is being published to add the online registration as an additional method to register. There are some exceptions.

AILA will continue to monitor this and provide more detailed guidance to members.

The following is provided for educational purposes and AILA will continue to monitor this and provide more detailed guidance to members.

Of particular note is that those with children in the U.S. as nonimmigrants must be mindful that their children will need to register and appear for fingerprinting within 30 days of turning 14.

Also, Canadians entering the U.S. for business purposes for 30 days or more, must take action to register. To avoid this worry, an I-94 serves as a registration document. Those Canadians entering the U.S. via air will have an I-94 admission record, but they should check the CBP website to confirm this fact. As for those entering the U.S. at a land border or via ferry, they should make sure to confirm that they are being issued an I-94 record. The fee applied to the I-94 is $6.00. It is possible to make this request in advance at a land border. Please note that the CBP Home mobile app can be used for this purpose.

What needs to be done and what are the potential penalties?

1. Register and provide fingerprints (NB: Penalty is a fine of up to $5000, imprisonment up to 180 days, or both; fraudulent registration constitutes grounds of deportability); AND
2. Carry evidence of compliance if one is age 18 or over (NB: Penalty is a misdemeanor with fine of up to $5000, imprisonment for not more than 30 days, or both); AND
3. Notify the Department of Homeland Security in writing of each change of address within 10 days of moving (NB: Penalty is a misdemeanor with fine of up to $5000, imprisonment for not more than 30 days, or both)

Who needs to register and provide fingerprints?

All noncitizens above the age of 14 who remain in the United States for 30 days or longer – with some exceptions, see below.

For those noncitizens under the age of 14 and who remain in the United States for 30 days or longer, their parents/guardians must register them. No fingerprinting is required. However, within 30 days of their 14th birthday, the noncitizen must apply in person for registration and be fingerprinted.

NOTE: Canadians who travel into the U.S. and do not receive a Form I-94 must register if they are staying 30 days or longer.

Who is exempt?

• Visa holders who have been already registered and fingerprinted through their application for a visa;
• A visa holders;
• G visa holders;
• Those in U.S. for less than 30 days;
• If 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 US under the authority of 8 USC 1359

What is the punishment if one does not comply with the registration and fingerprinting requirements?

Those who do not comply with the registration and fingerprinting requirements will be subject to either a fine of up to $5000 or imprisonment for up to six months, or both. Noncompliance will be considered a criminal offense. The same applies to the parents or guardians of those under the age of 14 who fail to comply.

What happens if one does not carry proof of such requirements?

Those who are 18 years or older must carry proof at all times of their registration and fingerprinting. Failure to do so could amount to a misdemeanor punishable by a fine of up to $5000 or imprisonment of not more than 30 days, or both. Again, this is a criminal offense.

What happens if one does not register one’s change of address?

Noncompliance is a misdemeanor punishable by a fine of up to $5000 or imprisonment for not more than 30 days, or both.

What evidence is available to show registration?

If one has one of the following, it is proof that one has been registered. One should carry this evidence at all times.

• 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 Arrent 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;
• Proof of Registration upon submission of Form G-325R and completion of biometrics

What existing forms is the DHS using to capture registration and fingerprints?

DHS has 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;
• Form I-817, Application for Voluntary Departure under the Family Unity Program
• NEW OPTION: Form G-325R Biographic Information (Registration), which can be done online via a creation of a MyUSCIS account. Each noncitizen must have a unique account. Submission of Form G-325R will trigger scheduling a Biometrics Services Appointment at a USCIS Application Support Center. Currently this option does not cost money but DHS is soliciting comments on a possible $30 fee. Once registration is complete, the individual will be able to download and print proof of registration which they are required to carry with them at all times.

What is the statutory basis for registration and fingerprinting?

The statutory basis can be found in the Alien Registration Act of 1940, also known as the Smith Act, and 8 USC 1301-1306.

---

Special thank you to USCIS Benefits Policy Committee Vice Chair Vincent Lau for his assistance with this practice alert.