Preview
This article provides general information about the newly announced registration process for individuals who intend to stay in the U.S. for more than 30 days. This is an informational article only and does not constitute legal advice. Immigration rules are complex and situation specific. If you’re unsure about your obligations or your status, consult a licensed immigration attorney. Undocumented people should understand the consequences of registering or not registering and are especially encouraged to seek advice from an immigration lawyer before acting.
What happened?
U.S. authorities are reviving an old rule that could affect individuals who stay in the U.S. for more than 30 days.
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 people comply with the duty to register with the government and ensure that failure to comply with the registration requirement is treated as a civil and criminal enforcement priority.
What does this rule mean in practice — and who needs to worry?
We were able to extract three practical conclusions we from the announcement:
Mandatory Registration for Undocumented Individuals Over 14: Undocumented individuals aged 14 and older who entered the U.S. without authorization and have not had prior contact with immigration authorities are now required to register with the government. This includes providing personal information and, in some cases, biometric data.
Parental Responsibility for Children Under 14: Parents or legal guardians must register their children under 14 who entered the U.S. without authorization and have not had prior contact with immigration authorities. This to ensure that all individuals, regardless of age, are accounted for under the new registration requirements.
Obligation to Report Address Changes: All non-citizens required to register must inform the government of any change of address within ten days. Failure to do so may result in legal consequences, including fines or other penalties.
Let’s break it down.
The law requires that, with limited exceptions, all individuals 14 years of age or older who were not registered and fingerprinted (if needed) when applying for a U.S. visa and who remain in the United States for 30 days or longer must apply for registration and fingerprinting.
Parents and legal guardians of children under 14 must ensure they are registered. Within 30 days of their 14th birthday, all previously registered children must apply for re-registration and fingerprinting.
Once an individual has registered and appeared for fingerprinting (unless waived), the Department of Homeland Security (DHS) will issue evidence of registration, which any individual over the age of 18 must always carry and keep in their possession.
The law also requires that all unregistered individuals (or previously registered children who turn 14 years old) in the United States for 30 days or longer comply with these requirements.
How do you know if you need to register?
You might fall under two categories to determine if you must register.
The first category consists of individuals who are already considered registered
Many groups in the U.S. are considered registered. In dry legalese, anyone who has been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b) has already registered. Also, anyone who submitted one of the forms designated at 8 CFR 264.1(a) and provided fingerprints (unless waived) and was not issued one of the pieces of evidence designated at 8 CFR 264.1(b) has complied with the registration requirement of INA 262.
Here are some examples of people who are registered:
- Lawful permanent residents (green card holders);
- People who were paroled into the U.S. for humanitarian reasons or a significant public benefit even if the period of parole has expired;
- People who came to the U.S. as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired;
- All people present in the U.S. who were issued immigrant or nonimmigrant visas before their last date of arrival;
- People whom DHS has placed into removal proceedings;
- People issued an employment authorization document (even if it is expired);
- People who have applied for lawful permanent residence and provided fingerprints (unless waived), even if the applications were denied; and
- People who were issued Border Crossing Cards
The second category is – all the rest
Anyone who has not applied to the Department of State for a visa, been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b), or has not submitted one of the forms designated at 8 CFR 264.1(a) and provided fingerprints (unless waived) is not registered. This list includes:
- Individuals present in the U.S. without inspection and admission or inspection and parole who have not otherwise registered – by that, they mainly mean people who crossed the border illegally;
- Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration; and
- People who submitted specific benefit requests to the USCIS, including applications for deferred action or Temporary Protected Status, and who were not issued evidence of registration.
Is there a deadline for registration?
Yes and no. There is no clear registration deadline if you fall into the “Who is not registered?” category above.
With that said, any person 14 years of age or older who were not registered and fingerprinted (if required) when applying for a visa to enter the United States and who remain in the United States for 30 days or longer must apply before the expiration of those 30 days;
The parents or legal guardians of children less than 14 years of age must apply for the registration of children less than 14 years of age who have not been registered and remain in the United States for 30 days or longer before the expiration of those 30 days; and
Any child who turns 14 in the United States within 30 days after their 14th birthday.
All individuals must report a change of their address within 10 days of such change.
Note: American Indians born in Canada who entered the United States under section 289 of the INA and members of the Kickapoo Traditional Tribe of Texas who entered the United States under the Texas Band of Kickapoo Act are not required to register.
What if you’re undocumented?
Undocumented immigrants need to understand the consequences of registration; for that reason, we recommend consulting with a trusted legal representative. Signing up to register could lead to detention, deportation, and possibly criminal prosecution. Government officials have said that they plan to use the information they get from registration to find and arrest people, deport them, or pressure them to leave the United States on their own.
What information is collected when registering?
The registration is done by submitting Form G-325R, which collects detailed personal information, including:
- Name
- Mailing and physical address and address history in the U.S. for the past five years
- Date of birth and country of birth
- Country of citizenship or nationality
- Immigration history, including date of arrival in the U.S.
- “Activities” the person has done in the U.S., activities they plan to do in the future, and how long they expect to stay in the U.S.
- Biographic information including gender, ethnicity, race, height, weight, and eye and hair color
- Detailed criminal arrest and conviction history
- Detailed biographic information regarding the person’s spouse, father, and mother, including name, date of birth, and country of birth
How to register?
There are a few steps you must take to register:
- Step 1: Create a personal USCIS account. Everyone, including children under 14, must create a USCIS online account.
- Step 2: Submit form G-325R. After you and your children have created your USCIS online account, fill out and submit an electronic G-325R.
- Step 3: USCIS review. Now you have to wait. The USCIS will review the information you have submitted and compare it with their records. There are two options here:
- Suppose you’ve already complied with the registration requirements in some other way and do not need to submit Form G-325R. In that case, USCIS will notify you that you have already complied with the registration requirement. It will not schedule you for a biometric appointment, nor will it provide you with evidence of registration.
- Suppose you are required to register. In that case, USCIS will review your submission to determine if you must appear for a biometric services appointment. Suppose you are not required to appear for a biometric services appointment (for example, Canadian visitors and aliens under 14). In that case, USCIS will provide you with evidence of registration.
- Step 4: Attend an appointment for biometrics collection. If you are required to register and provide biometrics, USCIS will schedule you for a biometric services appointment at one of our Application Support Centers (ASCs). Registrants are not required to pay a biometric services fee.
- Step 5: Receive registration documentation. Once you have registered and provided your biometrics (if required), you’ll get a notice (USCIS Proof of G-325R Registration) that provides proof of your registration to your USCIS online account. In your USCIS online account, you can download and print a PDF version of the notice. Always keep this document on you.
What happens if you fail to comply with these requirements?
If you willfully fail or refuse to apply – for yourself or your children – to register or be fingerprinted, if required, you risk being guilty of a misdemeanor. You will, upon conviction, be fined an amount not to exceed $5,000 or be imprisoned not more than 6 months, or both.
What if you fail to carry the evidence of registration?
Same as failure to register. Suppose you don’t carry the evidence of registration. In that case, you risk being guilty of a misdemeanor and will, upon conviction, for each offense be fined an amount not to exceed $5,000 or be imprisoned not more than 30 days, or both.
What if your address has changed?
If you are in the United States and are required to register, you must report a change of address to USCIS within 10 days of moving. If you don’t, you risk being found guilty of a misdemeanor punishable by a fine of up to $5,000 or imprisonment for not more than 30 days or both. You also risk being deportable unless you establish that your failure was reasonably excusable or not willful.
Does registration mean you secured immigration status in the United States?
NO! registration is not an immigration status; registration documentation does not create an immigration status, establish employment authorization, or provide any other right or benefit under U.S. law.
What should you do next?
Check your current status, especially your I-94 if you’ve got one, to confirm your class of admission and stay limits.
Know your entry details — especially if you’re Canadian and didn’t receive an I-94
Keep track of your time in the U.S. — and consult a lawyer if you’re approaching 30 days.
Avoid assuming you’re exempt.
Why should you talk with a lawyer?
A lawyer can help determine if you must register under the new rule, especially if you’re uncertain about your immigration status or prior interactions with U.S. immigration authorities.
For individuals without legal status, registering may expose you to enforcement actions, including detention or deportation. Legal counsel can evaluate your situation and advise on the safest action.
An attorney can guide you through the registration process, ensuring that all information provided is accurate and complete. This can help you avoid penalties for non-compliance or misinformation.
Need Help Clarifying Your Status or Obligations?
At Mayo Law, we work with clients across the U.S. and Canada to ensure full compliance with immigration laws — including visitors, students, workers, and those without current legal status.
Visit www.mayo.law or contact us to schedule a consultation.
