Process for Certain Foreign Nationals Revived by the United States Department of Homeland Security – Effective Date April 11, 2025

On March 12, 2025 the U.S. Department of Homeland Security (DHS) issued an Interim Final Rule (IFR) amending the foreign national registration regulations to provide a new registration requirement that may be accessed online here:  Alien Registration Requirement | USCIS.

Pursuant to the President’s January 20, 2025 Executive Order 14159 https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-american-people-against-invasion/, DHS has revived the long unused and unenforced Alien Registration Act of 1940 (known as the “Smith Act”) to mandate that it is the legal obligation of aliens to register and appear for fingerprinting (unless waived) and to retain a copy of the registration in their personal possession at all times.

Who is Already Registered?

Anyone issued one of the below documents has already registered and includes:

• Lawful permanent residents (“Green card holders”).
• Aliens paroled into the United States under the U.S. Immigration and Nationality Act 212(d)(5), even if the parole period has expired
• Aliens admitted to the U.S. as nonimmigrants who were issued Forms I94 or I94W (paper or electronic), even if the period of admission has expired
• All aliens present in the U.S. who were issued immigrant or nonimmigrant visas before their last date of arrival
• Aliens whom DHS has placed into removal (deportation) proceedings
• Aliens issued an employment authorization document
• Aliens who have applied for lawful permanent residence using Forms I485, I-687, I698, I-700, and provided fingerprints, (unless waived), even if the applications were denied
• Aliens issued Border Crossing Cards

Who is not Registered?

• Any individual who has not applied to the Department of State for a visa, or who has not submitted one of the abovelisted forms, is not registered. These include:
  • Individuals present in the United States without inspection and admission or inspection and parole who have not otherwise registered including individuals who crossed the border illegally
• Canadian visitors who are visaexempt and enter at land ports of entry and were not issued evidence of registration, and
  • Individuals who have submitted special requests for specific benefits, including applications for deferred action or Temporary Protected Status who were not issued evidence of registration

The regulation specifically will also target children turning 14 who have not previously registered and will require registration and biometrics. Further, Canadian ‘snowbirds’ will now be required to register if stays exceed more than 30 days.

How to Register  

United States Citizenship and Immigration Services (USCIS) has set up USCIS online accounts that can be accessed here: https://www.uscis.gov/file-online/how-to-create-a-uscis-online-account. Once completed, USCIS will decide whether biometrics are necessary.

Criminal Penalties for Failure to Carry Evidence of Registration

USCIS has indicated in addition to the registration requirement, individuals are also subject to the change of address and new address within 10 days from the date of such change and must provide additional information, as might be requested by the Secretary of Homeland Security.   Noncompliance is a misdemeanor punishable by a fine of up to $5000 or imprisonment for not more than 30 days, or both.   Further, USCIS indicates that failing to comply with the change-of-address notification requirements is a deportable offense unless the individual establishes that such failure is excusable. The Change of Address Form can also be accessed via the creation of an online USCIS account, or submitted via a paper filing here:  https://www.uscis.gov/ar-11.

For more specific questions or concerns, please contact our Immigration Practice.