DHS 2025 REGISTRATION REQUIREMENT

DHS has announced a new Registration Requirement through an Interim Final Rule that is effective on April 11, 2025.   The duties created by this rule are mandatory, so everyone who is covered by the rule must register through the procedures it creates, or show other suitable proof of having registered (see below).

On or before that date, all non-citizens who will have been in the US for more than 30 days must register by using a new procedure and a new form issued by DHS.  In other words, when a non-citizen enters the US and intends to remain more than 30 days, this new rule requires the non-citizen to register within 30 days of the date of entry, and to attend a biometrics appointment when USCIS directs the non-citizen to do so.   

This duty is effective on April 11, 2025, so any person subject to the requirement who will have been in the US for up to 30 days by April 11 must register now. 

In addition, once the person is registered, they must have in their possession at all times proper proof of registration.  That proof can be either a printout that is available through this new system (see below), or one of a series of other documents that by regulation qualify as proof of prior registration.  The latter documents are listed on the attachment to this memo.  A person who has one of these other documents has satisfied the registration and biometrics requirement.

Federal Suit Filed March 31, 2025

On March 31, 2025, several organizations, including the American Immigration Council (AIC), filed suit in federal court, seeking a temporary restraining order (TRO) and for a permanent injunction against this new rule.  The suit alleges multiple violations of the Administrative Procedures Act (failure to seek and consider input from the public), and alleges that the rule is vague,  confusing and directly infringes upon the Fifth Amendment’s right to avoid self-incrimination. 

At the time we prepared this memo, there had been no ruling on the request for the TRO, but yesterday the Court denied the request for the TRO.  The suit remains pending, but with that ruling, the Rule went into effect.

The Registration Procedure

For anyone who has not registered under this new procedure (or who has not registered otherwise), the first step is to create a USCIS online account. This requirement includes minors. 

Through that account, the registrant will fill out and electronically submit a Form G-325R, which USCIS specifically created for this process.

Once that has been submitted, USCIS will contact the registrant to make a biometrics appointment  at a local Applicant Services Center (ASC Office).   USCIS will use the data it obtains through the biometrics process to do a criminal background check on the registrant. 

After the registration has been submitted and the biometrics appointment finished, the registrant will be able to access and print out a form that confirms that the person has properly registered.

Children under 14 will be registered by a parent; once that child is 14, they must register again no more than 30 days after the child’s 14th birthday.

Duties and Penalties

Willful failure to register or attend a biometrics appointment is a criminal violation, punishable by a fine of up to $5000 and imprisonment of up to 6 months, or both.  The same applies to a parent who willfully fails to register a minor child.

NOTE:   because this requirement was announced in an Interim Final Rule that was only published on March 12, 2025, and because the new system may not be able to accommodate the number of registrations that will be submitted close to that date, USCIS could treat registrations submitted within a reasonable time after April 11, 2025, as compliant with the new rule.  Even so, registrants should not delay. 

In addition, every registrant over the age of 18 must carry the printed form created through registration that proves they have registered (or another document listed on the attachment to this memo) at all times. Failure to possess that documentation is a criminal violation punishable by a fine of up to $5000 or imprisonment up to 30 days, or both.

Change of Address Requirement

All persons subject to the Registration Rule also must notify USCIS within 10 days of any change of address, using Form AR-11.  Failure to notify USCIS of a change of address also is a criminal violation punishable by a fine of up to $5000 or imprisonment up to 30 days, or both.  The failure to notify of a change of address also makes a covered person deportable unless the registrant can prove that the failure was reasonably excusable or not willful.

Warnings

The new form asks the registrant for several kinds of information, including but not limited to the date and place of entry of the registrant into the US, and their criminal record.  Entry into the US without inspection is a criminal offense, so a registrant who entered the US without inspection and who supplies this information to DHS could become subject to criminal prosecution and/or removal from the US.  

A person who provides information that he or she entered without permission may be incriminating themselves, as noted in the lawsuit that AIC filed on March 31, 2025.

In addition, if a registrant has a criminal record but intentionally fails to include it in the Form G-325R, DHS could charge the person with visa fraud.

Before making a decision on those two points, it is important for a registrant to speak with a qualified immigration attorney.  Every situation is different, so having an individual discussion is important.

In addition, a history of noncompliance with these rules could be treated by USCIS or a US consulate as an indication of intentional noncompliance with standard USCIS rules and US laws, and could be used by USCIS or the consulate as a basis to deny an application for various types of immigration benefits such as legal status, or for an extension of stay, or for a visa.   CBP also could use such failure to refuse to admit the person to the US.

Summary

The new Registration Rule is effective beginning on April 11, 2025.  The requirement applies to all non-citizens who have not yet registered.  The Rule specifies who should apply and how to do so, what documents to carry at all times while in the US to prove proper registration, and when to notify USCIS of a change of address.

Intentional failure to comply with this rule can subject a registrant to significant fines and even criminal penalties, as well as possible denials of subsequent filings with USCIS or a US consulate. 

Who has not registered:

People who enter the US without inspection and have not registered as noted above.

People who have applied for TPS or asylum, but entered without inspection and who have not yet received an EAD card.

Canadians who enter as visitors, BUT they can print out their I-94 record and use that as proof of registration.

People who file Form I-485 but do so more than 30 days after entry, which is typical. 

When to register:

Starting on April 11, 2025, all non-citizens must register within 30 days of entering the US.

If a non-citizen has not registered and will have been present in the US on that date for more than 30 days, they must do so immediately and should not wait for April 11.

In addition, if a child receives a registration document before age 14, that child (through the parent) must re-register within 30 days of the child’s 14th birthday.  

264.1(a) Prescribed registration forms.

The following forms are prescribed as registration forms:

I-67, Inspection Record -- Hungarian refugees (Act of July 25, 1958).

I-94, Arrival-Departure Record -- Aliens admitted as nonimmigrants; aliens paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act; aliens whose claimed entry prior to July 1, 1924, cannot be verified, they having satisfactorily established residence in the United States since prior to July 1, 1924; aliens lawfully admitted to the United States for permanent residence who have not been registered previously; aliens who are granted permission to depart without the institution of deportation proceedings or against whom deportation proceedings are being instituted.

I-95, Crewmen's Landing Permit -- Crewmen arriving by vessel or aircraft.

I-181, Memorandum of Creation of Record of Lawful Permanent Residence -- Aliens presumed to be lawfully admitted to the United States under 8 CFR 101.1.

I-485, Application for Status as Permanent Resident -- Applicants under sections 245 and 249 of the Immigration and Nationality Act as amended, and section 13 of the Act of September 11, 1957.

I-590, Registration for Classification as Refugee -- Escapee -- Refugee-escapees paroled pursuant to section 1 of the Act of July 14, 1960.

I-687, Application for Status as a Temporary Resident -- Applicants under section 245A of the Immigration and Nationality Act, as amended.

I-691, Notice of Approval for Status as a Temporary Resident -- Aliens adjusted to lawful temporary residence under 8 CFR 210.2 and 245A.2.

I-698, Application to Adjust Status from Temporary to Permanent Resident -- Applicants under section 245A of the Immigration and Nationality Act, as amended.

I-700, Application for Status as a Temporary Resident -- Applicants under section 210 of the Immigration and Nationality Act, as amended.

I-817, Application for Voluntary Departure under the Family Unity Program.

264.1(b) Evidence of registration.

The following forms constitute evidence of registration:

I-94, Arrival-Departure Record -- Aliens admitted as nonimmigrants; aliens paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act; aliens whose claimed entry prior to July 1, 1924, cannot be verified, they having satisfactorily established residence in the United States since prior to July 1, 1924; and aliens granted permission to depart without the institution of deportation proceedings.

I-95, Crewmen's Landing Permit -- Crewmen arriving by vessel or aircraft.

I-184, Alien Crewman Landing Permit and Identification Card -- Crewmen arriving by vessel.

I-185, Nonresident Alien Canadian Border Crossing Card -- Citizens of Canada or British subjects residing in Canada.

I-186, Nonresident Alien Mexican Border Crossing Card -- Citizens of Mexico residing in Mexico.

I-221, Order to Show Cause and Notice of Hearing -- Aliens against whom deportation proceedings are being instituted.

I-221S, Order to Show Cause, Notice of Hearing, and Warrant for Arrest of Alien -- Aliens against whom deportation proceedings are being instituted.

I-551, Permanent Resident Card -- Lawful permanent resident of the United States.

I-766, Employment Authorization Document.

Form I-862, Notice to Appear--Aliens against whom removal proceedings are being instituted.

Form I-863, Notice of Referral to Immigration Judge--Aliens against whom removal proceedings are being instituted.

Note to paragraph (b): In addition to the forms noted in this paragraph (b), a valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport constitutes evidence of registration.