New USCIS Guidance on Alien Registration: What It Means for Immigrants

Published: March 28, 2025

Regardless of legal status, US immigration law classifies a foreign-born individual residing in the US who retains citizenship in another country as an alien. They can have legal or undocumented status in the US. 

Section 262 of the Immigration and Nationality Act (INA) requires all unregistered aliens aged 14 or older who remain in the US to register and submit to fingerprinting. However, this requirement has not been consistently enforced for all non-citizens. 

One concern with the Alien Registration Requirement is that many foreign nationals in the US cannot comply due to a lack of available registration channels. Under Executive Order (EO) 14159, signed on January 20, 2025, a new form and process for unregistered aliens to comply with the requirement have been created. 

Here, learn the new guidance of the United States Citizenship and Immigration Services (USCIS) on the registration procedures, particularly for aliens who haven’t been previously registered, and its potential implications for immigrants. 

New USCIS Guidance on the Alien Registration Requirement

The Alien Registration Requirement is based on existing immigration law. It imposes a legal obligation to specific non-citizens in the US to formally document their presence with the government. It’s imperative to note that registering as an alien isn’t tied to immigration status and doesn’t give you work permits or any other legal benefits. 

Generally, the registration procedures require you to provide identifying information, such as name and address. Once registered, you must update your personal details regularly. Below is a breakdown of what you need to know about the new registration requirement for certain noncitizens in the US. 

Individuals required to register

Unless you qualify for exemptions, noncitizens staying in the US for at least 30 days are required to register with the USCIS. In particular, the following must adhere to the new Alien Registration Requirement: 

• Individuals aged 14 or older who were not registered when applying for a US visa and stay in the US for at least 30 days. 
• Children under 14 years who haven’t been registered and remain in the US for 30 days or longer must be registered by their parents and legal guardians. 
• Any non-citizen in the US, whether previously registered or not, must register within 30 days of turning 14.

Exemptions from alien registration

Some individuals don’t need to register, but they may still opt to do so voluntarily. Noncitizens who satisfied the Alien Registration Requirement typically include one of the following: 

• Green card holders or lawful permanent residents 
• Holders of immigrant or non-immigrant visas
• Recipients of employment authorization document
• Those who entered the US with an arrival/departure record
• Diplomats and foreign government officials on A or G visas
• People placed for deportation or removal proceedings
• Applicants for lawful permanent residence
• Those who hold Border Crossing Cards

Registration procedures 

The Department of Homeland Security (DHS) has now implemented the alien registration requirement process for those who haven’t registered. Starting April 11, 2025, unregistered aliens can register and submit biometric data.

The process involves creating an account on the USCIS online portal and filing the form to provide biographic information. Parents and guardians will register their children under 14 years of age.

After registering and completing the fingerprinting process, DHS provides official proof of registration. All noncitizens 18 years of age and older must always carry that documentation. The DHS prioritizes this enforcement, and noncompliance will face consequences.

Potential Implications of the New Registration Procedures

Whether you’re in the US on a visa, working, or applying for a green card, complying with the registration requirement is essential to avoid criminal and civil penalties from the government. Failure to do so can subject you to fines and misdemeanor charges. 

Besides the consequences of non-compliance, here’s what immigrants can expect from the new alien registration procedures: 

• There are likely more ICE arrests and removal proceedings as enforcement actions become more stringent. 
• Undocumented immigrants can be subject to detention and expedited removal processes. 
• Proper registration provides an official record of an immigrant’s presence in the US, minimizing legal complications when dealing with law enforcement or government agencies. 
• Possible delays and backlogs in immigration proceedings as increased enforcement and detention measures may overburden the system. 

Take Prompt Action With ALG Lawyers

The recently issued executive order emphasizes compliance as a top priority for immigration enforcement. Therefore, it’s best to consult with an immigration lawyer before deciding if registration is necessary.