The US Department of Homeland Security (DHS) has implemented a new rule requiring all non-US citizens, including permanent residents and visa holders, to register their presence and provide fingerprints if they are in the US for 30 days or more. Failure to do so could lead to criminal consequences.
EXECUTIVE SUMMARY
The rule requires three things:
- You must register with the US government and provide your fingerprints;
- You must carry physical evidence that you have registered with the US government (the rule does not indicate that digital evidence is sufficient); and
- You must update the US government within 10 days of moving your residence.
What if I am a Legal Permanent Resident (i.e., Green Card Holder)?
If you are a legal permanent resident and obtained your initial green card after the age of 14, then you have satisfied the requirements of the rule. You must still report any moves of residence within 10 days of the move and carry your green card with you.
If you are a legal permanent resident and obtained your initial green card before the age of 14, you must be sure to update your green card if you have since turned 14 and have not updated your green card yet.
What if I am a Nonimmigrant Visa Holder (e.g., H-1B, H-4, TN, L-1A, L-1B, L-2, O-1, O-3, R-1, R-2, B-1, B-2, ESTA, E-1, E-2, E-3, etc.)?
If you are a nonimmigrant visa holder over the age of 14, and you were issued a Form I-94, then you have satisfied the requirements of the rule. You must still report any moves of residence within 10 days of your move and carry your Form I-94 (printed out) with you.
If you are a nonimmigrant visa holder whose most recent entry into the US was while you were under 14, but who has since turned 14, you must register. Please see the ways listed below on how to register. If you have not turned 14 yet, please register within 30 days of you turning 14.
What if I am a visitor from Canada?
If you are Canadian and was not issued a Form I-94 when you entered the US, then you must register if you are staying in the US for 30 days or more. Canadians entering the US via land are not usually issued a Form I-94. You can ask for one at the border when you cross into the US if you anticipate remaining in the US for 30 days or more. Canadians entering the US via air are issued a Form I-94 and have met the requirements of the rule. You must still report any moves of residence within 10 days of your move and carry your Form I-94 (printed out) with you.
AND NOW, MORE DETAILS …
What needs to be done and what are the potential penalties?
- Register and provide fingerprints (Penalty is a fine of up to $5000, imprisonment up to 180 days, or both; fraudulent registration constitutes grounds of deportability); AND
- Carry evidence of compliance if one is age 18 or over (Penalty is a misdemeanor with fine of up to $5000, imprisonment for not more than 30 days, or both); AND
- Notify the Department of Homeland Security in writing of each change of address within 10 days of moving (Penalty is a misdemeanor with fine of up to $5000, imprisonment for not more than 30 days, or both)
Who needs to register and provide fingerprints?
All non-US individuals, including those with green cards and those in the US in a nonimmigrant visa status, who remain in the United States for 30 days or longer – with some exceptions, see below.
NOTE: Canadians who travel into the US via land and do not receive a Form I-94 must register if they are staying 30 days or longer.
Who is exempt?
- Nonimmigrant visa holders who have been already registered and fingerprinted through their application for a visa;
- A visa holders;
- G visa holders;
- Those in US for less than 30 days;
- If a green card holder is outside of the US when he turns 14, the individual must apply for registration and provide a photograph within 30 days of return;
- 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 USC 1359.
What is the punishment if one does not comply with the registration and fingerprinting requirements?
Those who do not comply with the registration and fingerprinting requirements will be subject to either a fine of up to $5000 or imprisonment for up to six months, or both. This is a criminal offense. The same applies to the parents or guardians of those under the age of 14 who fail to comply.
What happens if one does not carry proof of such requirements?
Those who are 18 years or older must carry proof at all times of their registration and fingerprinting. Failure to do so could amount to a misdemeanor punishable by a fine of up to $5000 or imprisonment of not more than 30 days, or both. Again, this is a criminal offense.
What happens if one does not register one’s change of address?
Noncompliance is a misdemeanor punishable by a fine of up to $5000 or imprisonment for not more than 30 days, or both.
What evidence is available to show registration?
If one has one of the following, it is proof that one has been registered. One should carry this evidence at all times. Our recommendation is to carry the physical document.
- Form I-94, Arrival-Departure Record – aliens admitted as nonimmigrants; aliens paroled into the US under 212(d)(5) of the INA; aliens who claimed to have entered prior to July 1, 1924; and aliens granted permission to depart without the institution of deportation proceedings;
- Form I-95, Crewmen’s Landing Permit;
- Form I-184, Alien Crewman Landing Permit and Identification Card;
- Form I-185, Nonresident Alien Canadian Border Crossing Card;
- Form I-186, Nonresident Alien Mexican Border Crossing Card;
- Form I-221, Order to Show Cause and Notice of Hearing;
- Form I-221S, Order to Show Cause, Notice of Hearing, and Warrant of Arrent of Aliens;
- Form I-551, Permanent Resident Card;
- Form I-766, Employment Authorization Document (EAD);
- Form I-862, Notice to Appear, for those aliens against whom removal proceedings are being instituted;
- Form I-863, Notice of Referral to Immigration Judge, for those aliens against whom removal proceedings are being instituted;
- Valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport;
- Proof of Alien Registration upon submission of Form G-325R and completion of biometrics
What existing forms is the DHS using to capture registration and fingerprints?
DHS has been using the following forms for registration and fingerprints. What this means is that if you have submitted one of the following documents, you would also have started the registration process.
- Form I-67, Inspection Record – Hungarian Refugees;
- Form I-94, Arrival-Departure Record
- Nonimmigrants including those entering on ESTA and issued I-94W;
- Aliens paroled into the US under 212(d)(5) of the INA;
- Aliens who claimed entry before July 1, 1924;
- Aliens lawfully admitted to the US 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;
- Form I-95, Crewmen’s Landing Permit;
- Form I-181, Memorandum of Creation of Record of Lawful Permanent Residence;
- Form I-485, Application for Status as Permanent Resident – Applicants under sections 245 and 249 of the INA and Section 13 of the INA of September 11, 1957;
- Form I-590, Registration for Classification as Refugee- Escapee;
- Form I-687, Application for Status as a Temporary Resident, under section 245A of the INA;
- Form 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;
- Form I-698, Application to Adjust Status from Temporary to Permanent Resident – applicants under section 245A of the INA;
- Form I-700, Application for Status as. Temporary Resident – applicants under section 210 of the INA;
- Form I-817, Application for Voluntary Departure under the Family Unity Program
- NEW OPTION: Form G-325R Biographic Information (Registration), which can be done online via a creation of a MyUSCIS account. Each alien must have a unique account. Submission of Form G-325R will trigger scheduling a Biometrics Services Appointment at a USCIS Application Support Center. Currently this option does not cost money but DHS is soliciting comments on a possible $30 fee.
Again, the above information has been provided for educational purposes and Clark Lau LLC continues to monitor this new rule. You can also find details directly at the USCIS website: https://www.uscis.gov/alienregistration. If you have any questions, please be sure to contact your Clark Lau LLC team.
Updated 4/22/2025