On March 12, 2025, the US Department of Homeland Security (DHS) will be publishing an Interim Final Rule which will take effect within 30 days requiring individuals to register their presence and provide their fingerprints if they are in the US for 30 days or more. There are some exceptions. The following is provided for educational purposes and we will continue to monitor this.
Of particular note is that those with children in the US as nonimmigrants must be mindful that their children will need to register and appear for fingerprinting within 30 days of turning 14.
Also, Canadians entering the US for business purposes for 30 days or more, must take action to register.
What needs to be done and what are the potential penalties?
- Register and provide fingerprints (NB: 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 (NB: 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 (NB: 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 aliens above the age of 14 who remain in the United States for 30 days or longer – with some exceptions, see below.
For those aliens under the age of 14 and who remain in the United States for 30 days or longer, their parents/guardians must register them. No fingerprinting is required. However, within 30 days of their 14th birthday, the alien must apply in person for registration and be fingerprinted.
NOTE: Canadians who travel into the US and do not receive a Form I-94 must register if they are staying 30 days or longer.
Who are exempt?
- 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 an LPR 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.
- 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 to registration and fingerprints.
- 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 late breaking topic. If you have any questions, please be sure to contact your Clark Lau LLC team.