On March 12, 2025, USCIS issued an Interim Final Regulation (IFR) designating a new registration form to comply with statutory alien registration and fingerprinting provisions. The IFR goes into effect on April 11, 2025.
Under current law, with limited exceptions, non-U.S. citizens over the age of 14 who remain in the United States for at least 30 days must apply for registration and to be fingerprinted before the expiration of 30 days. See 8 U.S.C. § 1302(a). (Examples of limited exceptions include visa holders who have already been registered and fingerprinted, through their application for a visa, and A and G visa holders.) The registration requirement also applies to Canadians entering the United States for business purposes for at least 30 days.
Willful failure or refusal to apply to register or to be fingerprinted is punishable by a fine of up to $5,000 or imprisonment for up to six months, or both. 8 U.S.C. § 1306(a). Parents of children in the United States as nonimmigrants must make sure to register their children and appear for fingerprinting within 30 days of turning 14. Canadians entering the United States for at least 30 days are also subject to registration requirements.
Several USCIS forms already are used for compliance with the registration and fingerprints requirement, including:
- Form I-94, Arrival-Departure Record
- Nonimmigrants including those entering on ESTA and issued I-94W;
- Noncitizens paroled into the United States under § 212(d)(5) of the INA;
- Noncitizens who claimed entry before July 1, 1924;
- Noncitizens lawfully admitted to the United States 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 §§ 245 and 249 of the INA and § 13 of the INA of Sept. 11, 1957;
- Form I-590, Registration for Classification as Refugee-Escapee;
- Form I-687, Application for Status as a Temporary Resident, under § 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 § 245A of the INA;
- Form I-700, Application for Status as Temporary Resident – applicants under § 210 of the INA; and
- Form I-817, Application for Voluntary Departure under the Family Unity Program
Individuals with these forms do not need to register again.
All others who are required to register will need to do so as of the effective date of the IFR, April 11, 2025. This includes the following groups:
- Aliens who are present in the United States without inspection and admission or inspection and parole and have not yet registered (have not yet filed a registration form designated under 8 CFR § 264.1(a) and do not have evidence of registration under 8 CFR § 264.1(b)).
- Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration (e.g., Form I–94).
- An alien, whether previously registered or not, who turns 14 years old in the United States and therefore must register within 30 days after their 14th birthday.
Individuals not otherwise registered can do so using a new option, Form G-325R Biographic Information (Registration), which can be done online after creating 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 anything, 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.