USCIS issues new registration requirements

© Farhad Sethna, attorney, 2025

 

Background:  The law requires that aliens need to register if they have not already registered in the USA, through some other means or under the immigration process by which they came to the USA.  Briefly, per the USCIS announcement, the law “states that all aliens 14 years of age or older who were not fingerprinted or registered when applying for a U.S. visa and who remain in the United States for 30 days or longer, must apply for registration and fingerprinting.”

Therefore, under President Trump’s directive, the USCIS has announced that certain non-US citizens will have to register with the Department of Homeland security.  This is similar to the requirement after 9-11 when aliens from certain countries needed to register.

Please note that registration requirements, locations, documentation, or forms have still not been created.

 

So – there is no need to go to USCIS or ICE to register at this time.

 

The USCIS says that DHS will “soon” announce a form and process for aliens to complete the registration requirement.  But no specific timeline has been announced.

However, USCIS does invite aliens required to register to create a USCIS online account to prepare for the registration process.

 

Who needs to register?

  1. All aliens 14 years of age or older, who were not registered and fingerprinted
  2. Parents and Legal guardians of aliens who are less than 14 years of age who have not been registered. (this is a bit confusing, but I take it to mean that if the Parents/Guardians are not registered, and those parents have children who are less than 14 years old, then those Parents/Guardians need to register.)
  3. Any alien who turns 14 years old in the United States.
  4. Aliens who are present in the United States without inspection and admission or parole. (that is, people who we usually refer to as “undocumented aliens”)
  5. Canadian visitors who entered by land and do not have evidence of registration.
  6. Aliens who have submitted benefit requests to USCIS including DACA or TPS and have not been issued evidence of registration

 

Who does not need to register:

This includes individuals who have already registered, such as:

  • Lawful permanent residents.
  • Aliens paroled into the United States.
  • Aliens admitted to the United States as non-immigrants with a valid form I-94  (say, someone with a valid B-1/B-2 visa whose period of authorized stay in the USA has still NOT expired)
  • Aliens present in the United States who entered on immigrant or non-immigrant visas.
  • Aliens who are already in removal proceedings.
  • Alien who already have an employment authorization document (no word on whether this includes aliens with employment authorization documents which have already expired).
  • Aliens who have applied for permanent residency in the United States.
  • Aliens who have border crossing cards

 

If you do need to register, how can you protect yourself?

If you are an undocumented alien / alien who has fallen out of status, you MUST take steps to determine the kind of immigration relief you may be entitled to.  Consult a qualified immigration attorney for the options you may have.  Filing a bonafide petition may remove the requirement for you to be registered, and in addition, may give you a valid basis to remain in the USA while your application is pending.

I have developed a detailed questionnaire in both English and Spanish to evaluate your immigration options, which you can find at saveimmigrantfamiliesUSA.com.  Please be sure to visit that site for helpful information, forms, and instructions.

Act SOON to seek any applicable relief, because I am sure the DHS will place a deadline on the registration process.

 

Conclusion:

There is no need to go rushing to a USCIS office or an ICE office to register. The process is not yet finalized. The forms are not yet available.

Stay tuned for further developments.

https://www.uscis.gov/alienregistration

© Farhad Sethna, Attorney, 2025

Farhad Sethna has practiced law for over 30 years. He was awarded his JD in 1990 and his MBA in 1991, both from the University of Akron. Since 1996, he has also been an adjunct professor of Immigration Law at the University of Akron, School of Law, in Akron, Ohio, where he wrote and continues to use his own immigration textbook. Attorney Sethna is a frequent speaker at Continuing Legal Education and professional development seminars on various immigration-related topics. His practice is limited to immigration and small business. He has won awards for excellence in teaching and for pro-bono service. With offices in Cuyahoga Falls, Akron and New Philadelphia, Ohio, Attorney Sethna represents clients in all types of immigration cases before federal agencies and the immigration courts nationwide. A private pilot, it is Farhad’s goal to fly to each of Ohio’s 88 county airports. Our number is: (330) 384-8000. Please send your general immigration questions to farhad@sethnalaw.com. We will try to answer as many questions as possible.