Key Points
- USCIS announced a forthcoming foreign national registration process following President Trump’s January 20, 2025 executive order.
- Foreign nationals 14 years and older who were not fingerprinted or registered when applying for a US visa must register.
- Once the program takes effect, those required to register must always carry proof of registration, or they may face civil or criminal penalties.
- Many foreign nationals, including lawful permanent residents, visa holders with Form I-94, and individuals in removal proceedings, have already met registration requirements.
- DHS initially set an implementation date of February 25, 2025, but has not published the form or process yet.
Foreign National Registration Requirement Announced by Trump Administration
US Citizenship and Immigration Service (USCIS) announced a forthcoming registration process for foreign nationals in the United States per President Donald Trump’s Executive Order issued January 20, 2025. Department of Homeland Security (DHS) has been directed to ensure that all foreign nationals 14 years or older who were not already fingerprinted or registered when applying for a US visa now register following the Immigration and Nationality Act section 262. DHS has not yet published the actual registration process.
Once in Effect
Once the program takes effect and a foreign national has appeared for fingerprinting, any individual over the age of 18 will then be responsible for always carrying proof of such registration. Failure to comply with registration or to have proof of registration may result in criminal or civil penalties.
Who Will Not Need to Register
Many foreign nationals in the US have already met the registration criteria, including the following groups:
- Lawful permanent residents
- Foreign nationals paroled into the United States under INA 212(d)(5), even if the period of parole has expired.
- Foreign nationals admitted to the United States as nonimmigrants issued Form I-94 or I-94W (paper or electronic), even if the admission period has expired.
- All foreign nationals in the United States who were issued immigrant or nonimmigrant visas before arrival.
- Foreign nationals whom DHS has placed into removal proceedings.
- Foreign nationals issued an employment authorization document.
- Foreign nationals who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, and I-700, even if the applications were denied; and,
- Foreign nationals issued Border Crossing Cards.
Who Will be Expected to Register
Those not included in the groups above who will be expected to register now include:
- All foreign nationals 14 years of age or older who were not registered and fingerprinted (if required) when applying for a visa to enter the United States and who remain there for 30 days or longer. They must apply before the expiration of those 30 days.
- The parents and legal guardians of foreign nationals under 14 years of age who have not been registered and remain in the United States for 30 days or longer before the expiration of those 30 days.
- Any foreign national, whether previously registered or not, who turns 14 years old in the United States within 30 days after their 14th birthday.
Important Update on DHS Registration Requirement
DHS originally stated that this requirement would become effective February 25, 2025. However, DHS has yet to announce the form or process for foreign nationals to comply with this requirement. As soon as DHS publicizes its process, we will provide an update. In the meantime, USCIS suggests that foreign nationals create a USCIS account here in preparation for registration. Parents of children under the age of 14 will be able to submit applications on their child’s behalf through their USCIS account online.
Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. If you want guidance on how this information may impact your particular situation and are a client of the Corporate Immigration Partners, PC, consult your attorney. If you are not a CIP client, consult another qualified professional. This website does not create an attorney-client relationship with CIP.
