New Registration Requirement for Noncitizens Staying in the United States for 30+ Days
Key Takeaways
- Certain noncitizens of age 14 or older must now register with U.S. Citizenship and Immigration Services (USCIS) if they remain in the United States for 30 days or more.
- Some noncitizens are already considered to be registered, so it is important to confirm their registration status.
- Noncompliance can lead to fines of up to $5,000 and/or 30 days in jail, and those 18 or older must carry proof of registration.
Effective April 11, 2025, the U.S. Department of Homeland Security (DHS), through USCIS, requires certain noncitizens to apply for registration and fingerprinting. While these long-standing registration requirements have been in existence for some time, they have not been actively enforced recently.
Under the regulations, registration is required for the following individuals:
- Noncitizens of age 14 or older who were not previously registered (e.g., when applying for a visa) and who remain in the United States for 30+ days
- Parents or legal guardians of noncitizens under age 14 who remain in the United States for 30+ days and are not yet registered
- Noncitizens who turn 14 while in the United States (They must register within 30 days of their birthday.)
The following individuals are already considered to be registered:
- Lawful permanent residents (also known as green card holders)
- Those who have been placed in removal proceedings by DHS (including individuals with removal orders)
- People who have been issued Employment Authorization Documents (EAD/I-766)
- Individuals admitted with immigrant or nonimmigrant visas
- Individuals issued Form I-94/I-94W or I-95, even if period of admission has expired
- Individuals paroled under INA § 212(d)(5), even if parole has expired
- Individuals with pending or adjudicated immigration benefit applications (e.g., I-485, I-590)
- Border crossing card holders
Non-U.S. citizen employees may have a form of work authorization in place that facilitates their employment, but it is important for them to confirm that they are registered. They should also review the registration requirements to ensure compliance for their family members in the United States.
If a noncitizen is subject to this registration requirement, they should register with the Form G-325R. Noncompliance may result in criminal prosecution or other penalties, including fines up to $5,000, imprisonment for not more than 30 days, or both. In addition, noncitizens of age 18 or older are required to always carry proof of registration. Failure to do so is a federal misdemeanor, punishable by a fine not to exceed $100, 30-day imprisonment, or both.
For more information regarding the registration requirement and the reregistration process, please review the following link: Alien Registration Requirement | USCIS.
If you have any questions, please contact immigration counsel.
