Client Alert: New Requirement for Foreign Nationals to Register Presence in U.S.

The U.S. Department of Homeland Security (DHS) published an interim final rule (IFR), effective April 11, 2025, introducing a new online registration for all non-U.S. citizens to register their presence according to existing law.  Prior to this new rule no designated registration form or formal process existed for those already present in the U.S.

General Rule: A non-U.S. citizen who is 14 years of age or older, who has not yet been registered and fingerprinted as required by immigration laws, and who remains in the U.S. for 30 days or longer is required to register and be fingerprinted.

Rule for Children under 14: Although a non-U.S. citizen under 14 years of age is not fingerprinted, the parent or legal guardian must still register him/her if they remain in the U.S. for 30 days or longer.  Nonimmigrant and Lawful Permanent Resident children must register and be fingerprinted when they reach the age of 14. For those outside of the U.S., registration must be completed within 30 days of arrival.

Penalty for Failure to Register: A non-U.S. citizen’s 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 6 months, or both.  In the case of a child under the age of 14, the parent or legal guardian’s willful failure or refusal to register the child would make them individually liable for the fine or imprisonment penalty.  Finally, any non-U.S. citizen, or any parent or legal guardian of a non-U.S. citizen, who files or is involved in a fraudulent registration application is subject to criminal prosecution, and such a non-U.S. citizen convicted of this offense would constitute grounds for deportability.

Who Does not Need to Register:

• Lawful Permanent Residents (green card holders) (but see rule for children above)
• Nonimmigrant visa holders who were fingerprinted as part of their visa application and issued a valid I-94 Arrival/Departure Record
• Individuals fingerprinted in connection with the filing of an I-485 Application to Adjust Status
• Individuals detained by Immigration & Customs Enforcement
• Individuals in deportation or removal proceedings
• Humanitarian parolees under INA § 212(d)(5) with a valid I-94 Arrival/Departure Record.
• A- and G-visa holders
• Visitors in the U.S. for less than 30 days
• 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 U.S.C. § 1359

Requirement to Carry Proof of Registration at All Times and Penalty: The rule requires every non-U.S. citizen over 18 years of age to carry proof of their registration at all times. Violations are punishable by a fine up to $5,000 or imprisonment for no more than 30 days, or both.  Proof of registration includes the following:

1. “Proof of Alien Registration” issued by DHS after applying through the new online registration process
2. I-551 permanent resident card (i.e., green card)
3. I-94 showing admission to the U.S. with a nonimmigrant visa or humanitarian parole under INA § 212(d)(5)
4. An I-766 employment authorization document (EAD)
5. A nonresident alien border crossing card (for Mexican or Canadian nationals)
6. Notice of being in removal proceedings (such as a Notice to Appear)
7. A valid, unexpired nonimmigrant DHS admission or parole stamp appearing in a passport

Requirement to Give Notice of an Address Change: Every non-U.S. citizen who must be registered must give written notice of an address change to DHS within 10 days of the change.  This is an ongoing obligation while in the U.S. Violations are punishable by a fine of up to $5,000 or imprisonment for no more than 30 days, or both.

Canadian Nationals: By law, Canadian nationals are visa exempt. Many Canadian nonimmigrants who visit the U.S. for business or pleasure also do not receive a Form I-94 Arrival/Departure Record.  As a result, many Canadians visiting the U.S. may need to register if their stay exceeds or has exceeded 30 days.

What to Expect When Registering Online: Everyone who is required to register must possess a USCIS online account. This includes minor children under 14 and necessitates the parent or legal guardian setting up an account on the child’s behalf.  There is no filing fee to register.  Children under 14 will receive a “Proof of Alien Registration” after completing the registration. Registrants over 14 will receive an appointment notice with the date, time and location for a biometric services appointment. After attending, “Proof of Alien Registration” will be available in the USCIS online account.

Note:

• The new rule is silent about whether the U.S. government intends to take adverse action against those who failed to register within 30 days of arrival, regardless of the fact that a formal registration process did not exist.
• The new rule is also silent as to whether those who have applied for and been issued an EAD are considered registered, even though the rule says that an EAD can be used as proof of registration. For this reason, it is not clear if those who applied for and were granted EADs through Temporary Protected Status (TPS) or Deferred Action for Childhood Arrivals (DACA) are required to submit an online registration or can safely rely on their EADs as proof of registration.

If you have any questions about whether you should register, seek the advice of an immigration attorney. You can reach Jennifer Cory at [email protected] and Jeff Widdison at [email protected]. We will be closely monitoring for any information or developments to provide the best advice for our clients.