UNDERSTANDING THE REGISTRATION REQUIREMENT FOR NON-CITIZENS

On Jan. 20, 2025, President Trump issued Executive Order 14159,  Protecting the American People Against Invasion, which directed the Department of Homeland Security to ensure that aliens (non-citizens) be registered with the government. Failure to comply with the registration requirement is treated as an enforcement priority, which may result in criminal and civil penalties, up to and including misdemeanor prosecution, the imposition of fines, and incarceration. 

1. What is the “Alien Registration Requirement” 

The Alien Registration Requirement requires non-citizens to register online with the U.S. Citizenship & Immigration Services (USCIS) using Form G-2325R. The term “alien” refers to all non-citizens in the United States, including children. Parents or legal guardians of children under the age of 14 are required to register their children.   

2. When does the registration requirement start? 

Registration is required starting April 11, 2025. The regulations require that registration must occur within 30 days after reaching the age of 14, if it is required.  Meaning, the registration must occur before the expiration of those 30 days.  Individuals who have failed to register within the 30-day period must do so as soon as possible.  

3. Who is exempt from having to register?  

Certain individuals are exempt from the registration requirement entirely: 

• • U.S. citizens (those born in the U.S. and those who were naturalized) 
  • Non-citizens who are in the U.S. for less than 30 days 
  • American Indians born in Canada who possess at least 50% American Indian blood and are present pursuant to 8 USC 1359 
  • A and G visa holders: Foreign government officials and employees, international organization representatives, officers and employees, NATO representatives, officers and employees, and other holders of diplomatic visas  

4. Who is already considered registered?  

Many non-U.S. Citizens in the U.S. are already registered. The following non-U.S. citizens are already registered and do not need to proceed with completing the registration form G-325R: 

• Green card holders (lawful permanent residents) 
• Adjustment of Status applicants (permanent residency applicants): If you have ever filed a form I-485, I-687, I-691, I-698, or I-700, you are already registered, even if your application was denied 
• Parolees: Anyone who has been paroled into the United States under INA 212(d)(5), including military parole in place (PIP), CHNV, U4U, TPS, DACA and other humanitarian parolees, even if the parole has expired 
• I-94 holders: If you have ever received an I-94 Arrival-Departure Record, whether paper or electronic, you are already registered, even if the period of admission has expired 
• Nonimmigrant and immigrant visa holders: If you ever received an visa stamp from a U.S. Embassy or Consulate prior to coming to the U.S., you are already registered, even if the visa has expired 
• Work permits holders: If you have ever been issued an Employment Authorization Document (EAD) or “work permit,” you are already registered, even if it has expired 
• Those in Immigration Court: If you are or have ever been in removal (deportation) proceedings in immigration court or have been issued a Notice to Appear (NTA) for Immigration Court, you are already registered 
• Border Crossing Card (BCC) holders: If you have ever received a Border Crossing Card (BCC) as a citizen of Canada or Mexico, you are already registered, even if the card has expired 
• Crewman: If you entered as a crewman by vessel or aircraft, you are already registered 

5. Who must complete registration with USCIS? 

All non-citizens who will remain in the U.S. for more than 30 days, and who are not already registered or exempt, must complete the registration Form G-325R, including: 

• Undocumented individuals who entered the U.S. without inspection and do not fall into one of the groups already registered listed above. 
• Canadian Nationals: If you entered the U.S. at a land port of entry and were not issued an I-94 Arrival-Departure Record, and you are staying in the U.S. for 30 days or longer 
• DACA, TPS, and Asylum applicants who have never been issued an Employment Authorization Document (EAD) or “work permit”  
• Any non-citizen child, whether previously registered or not, who turns 14 years old in the United States, within 30 days after their 14th birthday.  

6. Do children have to register or be registered by their parents?  

Yes, the registration requirement also applies to non-citizen children who are not exempt. 

• Children under 14: The parent or legal guardian(s) of non-citizen children under the age of 14 must register the child if the child is not exempt or already registered and will remain in the U.S. for 30 days or longer.  
• Children 14 years or older:  
• Any non-citizen child, regardless if they were previously registered or not, must register within 30 days of their 14th birthday.  
• Lawful permanent residents (green card holders) must register and submit Form I-90 with USCIS within 30 days of the child’s 14th birthday, even if the green card extends beyond the child’s 14th birthday.  

7.  How do I register? 

Step 1: Create an account with USCIS online: https://myaccount.uscis.gov/create-account . The registration process is only available online and each individual required to register must create their own account. Each individual account requires a unique e-mail address. Visit the USCIS How to Create a USCIS Online Account for more information.  

Step 2: Complete Form G-325R for each person. The form asks for your contact information, biographic information, residential history, employment history, marital history, criminal history, entry and immigration history, and the length of time and reason for remaining in the U.S. Please note that certain fields are required and marked with an asterisk (*), whereas other fields are optional. We recommend only completing the required fields.  

Step 3: USCIS reviews the Form G-325R registration and determines whether to schedule you for a biometrics appointment. One the form is completed, USCIS will review it. If you were previously registered and did not need to submit the G-325R, it will notify you that you have already complied with the registration requirement and will not schedule you for a biometric appointment. If it determines that you needed to register, it will schedule you for a biometric appointment. NOTE: Canadian nonimmigrants and children under the age of 14 will not receive a biometric appointment because fingerprinting is waived for them under the rule. 

Step 4: Attend a biometrics appointment at a USCIS Application Support Center (ASC). If USCIS determines that you must attend a biometrics appointment, it will schedule you at an Application Support Center (ASC) near your home. There is no fee for the biometrics appointment. You will need to bring the appointment notice, as well as a form of identification (e.g. green card, passport, driver’s license). See Preparing for Your Biometric Services Appointment for more information about what to expect. 

Step 5: Receive proof of registration. After completing your biometrics appointment, USCIS will issue a Proof of G-325R Registration document in your online USCIS account. Individuals that are 18 years or older must carry this proof of registration on them at all times. 

8. What do I carry as proof of my registration? 

The rule requires that all non-citizens who are not exempt carry proof of registration at all times. Proof of registration includes: 

• Proof of G-325R Registration Document, available in your USCIS account after completing registration and biometrics (if required) 
• Permanent Resident Card (green card) 
• Receipts for Form I-485, I-687, I-691, I-698, or I-700 
• Form I-94 Arrival-Departure Record (paper version or electronic, including those issued on the bottom of an I-129 or I-539 approval notice)  
• Form I-95 Crewman Landing Permit or I-185 Alien Crewman Landing Permit and Identification Card 
• I-766 Employment Authorization Document (EAD) or “work permit” 
• I-862 Notice to Appear (NTA) for Immigration Court, I-221 Order to Show Cause and Notice of Hearing, or I-863 Notice of Referral to Immigration Judge 
• Border Crossing Card (BCC)  
• A valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport 

9. What are the requirements to report my change of address? 

Non-citizens, including Lawful Permanent Residents (green card holders), living in the United States for 30 days or longer must report to USCIS any change of address within 10 days of the address change. Address changes can be reported by completing USCIS Form AR-11, which can be submitted via your USCIS online account, or via paper submission to USCIS. See How to Change Your Address for more information.  

10. What happens if I register?

The outcome of complying with the registration requirement will depend on the unique circumstances of your case. Both complying with registration requirement and failing to comply may have negative, life-lasting consequences. The Secretary of the Department of Homeland Security has publicly stated that the goal of the registration requirement is to force undocumented immigrants to leave the United States. 

Completing the Form G-325R registration requirement may have serious immigration and criminal consequences.  

• • Immigration consequences: The government could – and has stated that it likely would – try to arrest and deport you using the information you provide when you register. Depending on your individual situation, Immigration and Customs Enforcement (ICE) might send you a letter telling you to report to an ICE office. When you report, ICE might detain you and/or initiate deportation proceedings against you. If you cannot prove that you have been in the U.S. at least 2 years, ICE could proceed with “expedited removal,” which is a fast-track deportation process that allows ICE to deport people quickly without any chance to go before a immigration judge.  
  • Criminal consequences: Registration may also make you vulnerable to being charged with a migration-related criminal offense. If you have been in the U.S. for less than 5 years and you entered without inspection, you may charged with the federal crime of illegal entry. If you were deported from the U.S. before, and later returned without inspection, the government may charge you with the federal crime of illegal re-entry. 

11. What happens if I do not register?

Failing to register, when required, may also have serious immigration and criminal consequences. 

• Immigration consequences: Most immigration benefits or visas are “discretionary,” meaning the government can use someone’s past negative action to deny their application for an immigration benefit or visa. If you do not register and later apply for an immigration benefit or visa, the government may deny that benefit or visa for failing to register. 

• Criminal consequences: Failure to register may result in criminal charges brought against you and the Trump administration has indicated that bringing such charges is a priority. This means that any contact with law enforcement, including ICE or local police, may lead to criminal charges for failing to register, in addition to immigration detention and possible deportation. Specifically, the following charges may be brought against you, which are all federal misdemeanor offenses:  
  • Failure to register, which is punishable with a fine up to $5,000 or up to six months imprisonment 
  • Failure to carry proof of registration, which is punishable with a fine up to $5,000 or up to 30 days imprisonment 
  • Failure to notify the government within 10 days of a change of address, which is punishable with a fine of up to $200 or up to 30 days imprisonment 
  • False statements: There is also a separate criminal offense and deportation ground for registering using false statements 

Individuals who are not yet registered should consult with an attorney to assess their case and determine the impact of this registration requirement. You can schedule a consultation with an immigration attorney at Minsky, McCormick & Hallagan here.