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New Requirement for the Registration of Foreign Nationals in the U.S.

Writer: Irina RodboonIrina Rodboon

On January 20, 2025, President Donald Trump issued an executive order aimed at tightening control over foreign nationals' compliance with their registration obligations in the United States. The order directs the Department of Homeland Security (DHS) to enforce the requirements established by Section 262 of the Immigration and Nationality Act (INA) and to strengthen measures for civil and criminal prosecution of violations.



Who is required to register?


According to the INA, all foreign nationals over the age of 14 who have been in the U.S. for 30 days or more must register. The only exceptions are rare cases provided by law. Parents or guardians are responsible for registering children under 14 years old. Additionally, once children reach the age of 14, those previously registered must undergo re-registration.


The registration process involves submitting the appropriate application and, in most cases, providing fingerprints. Upon completion of the process, the DHS issues a document confirming the registration. Adult foreign nationals (over 18 years old) are required to carry this document with them at all times.


What are the consequences of failing to register?


Failure to comply with registration requirements can lead to serious consequences, including administrative fines and criminal prosecution. Given that most foreign nationals in the U.S. are already registered, the new measures are aimed at those who previously did not have the opportunity to fulfill this obligation.


Who is already considered registered?


If you have one of the following documents confirming registration, or if you have undergone the fingerprinting process (if required), you are already considered registered:

  • Green card (permanent resident status)

  • Humanitarian parole authorization

  • Form I-94 (or I-94W) upon entry with a visa

  • Documents confirming the submission of an application for a change of status, green card, or work permit

  • Entry into the country on an immigrant or non-immigrant visa


Who must register in the near future?


  • Foreign nationals who have not registered and provided fingerprints when applying for a visa;

  • Individuals who entered the U.S. without a visa and did not receive any official documents;

  • Canadian citizens who crossed the border without receiving Form I-94;

  • Children who have reached the age of 14 and were not previously registered.


How to register?


Starting from February 25, 2025, foreign nationals who need to register must create an account on the USCIS website and follow the further instructions. The DHS will announce additional information about the registration process soon.


If you need legal advice, our law firm, Bloomrich Law Firm, is ready to assist. Contact us for professional immigration assistance.



 
 
 

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