Alien Registration Requirement in the United States
On January 20, 2025, an executive order titled Protecting the American People Against Invasion was issued, directing the Department of Homeland Security (DHS) to enforce compliance with alien registration requirements under Section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302). This order prioritizes both civil and criminal enforcement for individuals who fail to meet their registration obligations.
Who Must Register?
Under U.S. law, most foreign nationals (aliens) residing in the United States for 30 days or longer are required to register with the government. Specific requirements include:
- Individuals aged 14 or older who were not fingerprinted or registered when applying for a U.S. visa must complete the registration process.
- Parents or legal guardians must ensure that children under the age of 14 are registered.
- Individuals who turn 14 years old must apply for re-registration and fingerprinting within 30 days of their birthday.
Upon registration and fingerprinting (unless waived), DHS issues a registration document, which individuals over the age of 18 are legally required to carry at all times.
How to register
DHS will soon announce a form and process for aliens to complete the registration requirement. Beginning Feb. 25, 2025, aliens required to register should create a USCIS online account in preparation for the registration process. See our How to Create a USCIS Online Account page for more information. Once the registration process is implemented, aliens will submit their registration, and parents and guardians will submit registration applications on behalf of their children under 14, through their USCIS online account.
Legal Consequences for Non-Compliance
Failure to comply with registration requirements may result in civil and criminal penalties, including misdemeanor prosecution and fines. While most foreign nationals in the U.S. have already completed registration, some individuals have not yet had a direct means to do so. To facilitate compliance, U.S. Citizenship and Immigration Services (USCIS) has introduced a new form and process to allow unregistered individuals to meet their obligations under INA 262.
It is important to note that registration does not grant immigration status, employment authorization, or any other legal rights or benefits under U.S. law.
Exemptions from Registration
Certain individuals are exempt from the registration requirement, including:
- American Indians born in Canada who entered the U.S. under INA Section 289
- Members of the Texas Band of Kickapoo Indians who entered under the Texas Band of Kickapoo Act
Who Has Already Registered?
Individuals who have registered include those who have been issued specific immigration documents under 8 CFR 264.1(b) or who have submitted relevant forms and provided fingerprints. Registered individuals generally include:
- Lawful permanent residents (green card holders)
- Aliens paroled into the U.S. under INA 212(d)(5)
- Nonimmigrants who received a Form I-94 or I-94W (paper or electronic)
- Individuals admitted on immigrant or nonimmigrant visas before arrival
- Aliens placed into removal proceedings by DHS
- Individuals issued an employment authorization document (EAD)
- Applicants for lawful permanent residency who filed Forms I-485, I-687, I-691, I-698, or I-700, even if denied
- Holders of Border Crossing Cards
Who Needs to Apply for Registration?
Those required to register include:
- Foreign nationals aged 14 or older who were not registered or fingerprinted when applying for a U.S. visa and who remain in the country for 30 days or more
- Parents or guardians of children under 14 who have not yet been registered but remain in the U.S. beyond 30 days
- Any individual who turns 14 years old while in the U.S.—they must apply for registration within 30 days of their birthday
Who is Not Registered?
Individuals who have not been issued a designated registration document or submitted the required forms for registration include:
- Foreign nationals present in the U.S. without proper inspection, admission, or parole
- Canadian visitors who entered through land ports of entry and did not receive a registration document
- Aliens who have submitted applications for certain immigration benefits—such as Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS)—but have not received formal registration evidence
Ensuring compliance with these registration requirements is a legal obligation for all foreign nationals residing in the U.S. If you are uncertain about your registration status or eligibility, seeking guidance from an immigration professional or USCIS is recommended.
Last Revision: 2025-3-1