The immigration lawyers of Zneimer & Zneimer remind noncitizens that effective April 11, 2025, all noncitizens present in the United States for 30 days or longer must comply with updated alien registration requirements under Section 262 of the Immigration and Nationality Act (INA), applicable regulations at 8 CFR Part 264, and Executive Order 14159.
Noncitizens are already registered if they submitted one of the prescribed registration forms listed in 8 CFR 264.1(a) and provided fingerprints (unless fingerprinting was waived), or if they were issued one of the prescribed documents listed in 8 CFR 264.1(b) as evidence of registration.
Forms that are considered Application for Registration Forms (8 CFR 264.1(a)):
- Form I-67: Inspection Record for Hungarian refugees
- Form I-94: Arrival-Departure Record
- Form I-95: Crewman’s Landing Permit
- Form I-181: Memorandum of Creation of Record of Lawful Permanent Residence
- Form I-485: Application for Permanent Resident Status
- Form I-590: Registration for Classification as Refugee
- Form I-687: Application for Status as Temporary Resident
- Form I-691: Notice of Approval for Status as Temporary Resident
- Form I-698: Application to Adjust Status from Temporary to Permanent Resident
- Form I-700: Application for Status as Temporary Resident
- Form I-817: Application for Voluntary Departure under the Family Unity Program
- Form G-325R: Biographic Information (Registration)
Documents that are considered Proof of Registration (8 CFR 264.1(b)):
- Form I-94: Arrival-Departure Record
- Form I-95: Crewman’s Landing Permit
- Form I-184: Alien Crewman Landing Permit and Identification Card
- Form I-185: Nonresident Canadian Border Crossing Card
- Form I-186: Nonresident Mexican Border Crossing Card
- Form I-221 or I-221S: Order to Show Cause and Notice of Hearing
- Form I-551: Permanent Resident Card (Green Card)
- Form I-766: Employment Authorization Document (EAD)
- Form I-862: Notice to Appear
- Form I-863: Notice of Referral to Immigration Judge
- Newly designated form USCIS Proof of Alien G-325R Registration
- Valid, unexpired DHS admission or parole stamp in a foreign passport
Noncitizens who have not submitted a prescribed form, have not been fingerprinted (unless waived), and have not been issued one of the evidence documents listed above are not registered. This includes noncitizens who entered without inspection, Canadian visitors who entered without documentation, and noncitizens who filed applications such as DACA or TPS that are not designated as registration forms.
Noncitizens who must register now include those 14 years of age or older who were not registered and fingerprinted upon visa issuance or admission and remain in the United States for 30 days or longer; the parents or legal guardians of noncitizens under 14 years of age who have not been registered; and noncitizens who turn 14 years of age while in the United States.
Registration must be completed by creating a USCIS online account at my.uscis.gov, submitting Form G-325R electronically, and attending a biometrics appointment if scheduled. Upon completion, USCIS will issue proof of registration, which must be downloaded from the noncitizen’s USCIS account and carried at all times if the noncitizen is 18 years or older.
Failure to register, failure to attend a biometrics appointment, or failure to carry proof of registration may result in criminal penalties of up to a $5,000 fine and imprisonment of up to six months under 8 U.S.C. 1306(a) and 8 U.S.C. 1304(e). Providing false information during registration is also subject to criminal prosecution under 8 U.S.C. 1306(c) and could result in deportation under 8 U.S.C. 1227(a)(3)(B)(i):
Criminal penalties are imposed under 8 U.S.C. §§ 1304(e), 1305(a), 1306(a), and 1306(b)
- Failure to register or provide biometrics will be punished by fine up to $5,000 and/or imprisonment up to 6 months
- Failure to carry proof of registration will be punished by fine up to $5,000 and/or imprisonment up to 30 days
- Failure to update address within 10 days will be punished by fine up to $5,000 and/or imprisonment up to 30 days; may result in deportation.
- Submission of false registration information will be punished by criminal penalties and possible deportation
Noncitizens must also report any change of address to USCIS within 10 days. Failure to update the address is a misdemeanor punishable by a fine of up to $5,000 or imprisonment for up to 30 days, and may result in deportation unless the noncitizen can show that the failure was not willful.
Exemptions apply to American Indians born in Canada with at least 50 percent American Indian blood under 8 U.S.C. 1359, and members of the Kickapoo Traditional Tribe of Texas under the Texas Band of Kickapoo Act.
Noncitizens who previously registered using one of the forms listed in 8 CFR 264.1(a) or who have evidence of registration under 8 CFR 264.1(b) are not required to register again but must continue to meet the ongoing address reporting requirements.
Important Notice About Your Rights
If answering Form G-325R would require you to admit to unlawful entry, immigration violations, or criminal activity, you have a right under the Fifth Amendment to the United States Constitution to refuse to answer those questions.
The Fifth Amendment to the United States Constitution states:
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
You cannot be forced to make statements that could be used against you in a criminal case.
Because USCIS currently requires responses to all questions on Form G-325R and does not allow you to skip incriminating questions, you should consult th an immigration attorney before submitting the form if you believe any answer could expose you to criminal liability.
Consequences of Not Registering. If you apply for an immigration benefit in the future and have not registered, DHS may use your failure to register as a negative factor when deciding your application. In addition, if you do not register and the government determines your failure was willful (meaning intentional), you may be charged with a misdemeanor offense. This could result in a fine of up to $5,000 and/or imprisonment for up to six months under 8 U.S.C. § 1306(a).
Your rights if an immigration or other officer stops you: If you are approached by an immigration officer in public, the officer must have a valid reason to believe that you are a noncitizen. They cannot rely solely on your appearance, occupation, or location. You have the right to remain silent. You can say, “I am exercising my right to remain silent. Am I free to go?” If you are at home, you have the right not to open the door unless the officer presents a valid warrant signed by a judge.
If you have any questions about whether you are required to register, whether you have registered, or if you need assistance with the registration process, please contact Zneimer & Zneimer, P.C. immediately.