Avram Morell

On March 12, 2025, the Department of Homeland Security (DHS) published an Interim Final Rule titled “Alien Registration Form and Evidence of Registration.”[1] The new rule amends a regulation that requires aliens to register their physical presence in the U.S. and provide their fingerprints if they are in the U.S. for 30 days or more. It is expected to go into effect on April 11, 2025. The rule stems from the January 20, 2025, Executive Order signed by President Trump (Protecting the American People Against Invasion).[2] 

The new rule is grounded in Section 262 of the Immigration and Nationality Act (INA) which requires that all aliens 14 years of age and older apply for fingerprinting and registration if they were not fingerprinted when applying for a U.S. visa foil or admission and if they remain in the U.S. for 30 days or longer.[3]

Historically, the federal government has waived the INA Section 262 registration requirement for Canadian nationals applying for admission to the U.S. via land ports of entry, however, Canadian authorities have recently disclosed that DHS will begin to consistently enforce the registration and fingerprinting requirement on Canadian nationals. Starting April 11, 2025, Canadian nationals age 14 and over [GD1] who stay in the U.S. for longer than 30 days will be required to apply for registration with the federal government and be fingerprinted.

Who is Impacted?

• Canadian nationals age 14 and over [GD2] who enter the U.S. via a land port of entry, are applying for admission as a visitor for business or tourism purposes, and who will stay in the U.S. for more than 30 days are impacted by the new rule

Options to Comply with the Registration Requirement

• Obtain an I-94 admission record in advance of your trip to the U.S.
  • How to get an I-94 admission record in advance of a trip to the U.S.:
    1. Within 7 days of your trip, visit the U.S. Customs and Border Protection (CBP) I-94 Website: https://i94.cbp.dhs.gov/home
    2. Select “Apply for new I-94” or “Apply Now” and enter the required information
    3. Pay the $6 fee
    4. Download or print your I-94 record
    5. Present it to U.S. CBP at the land or ferry port of entry
• Specifically ask CBP to take fingerprints and issue an I-94 record at the port of entry when traveling to the U.S. [RPA3] 
• If one does not apply for an I-94 admission record in advance and is not issued an I-94 admission record by CBP at the time of admission, then one can comply with the rule from within the U.S. by submitting USCIS Form G-325R and attending a Biometrics Services Appointment at a USCIS Application Support Center. The USCIS Form G-325R is a new form created by the new registration requirement.
  • How to submit Form G-325R and attend a Biometrics Services Appointment from within the U.S.:
    1. Create an individual applicant MyUSCIS account by visiting the MyUSCIS Website: https://www.uscis.gov/file-online/how-to-create-a-uscis-online-account
    2. Select “File a Form Online” and then select “G-325R, Biographic Information (Registration)” from the drop down menu.
    3. Enter the requested information, upload supporting evidence if applicable, then review, digitally sign, and submit the application through the MyUSCIS account.
       • Note, there is currently no USCIS filing fee for Form G-325R
    4. USCIS will first issue a receipt notice that contains the receipt number for the G-325R Application under the Documents Tab of the MyUSCIS account, and then USCIS will issue a Biometrics Services Appointment Notice with the time and date of the biometrics appointment, and the location of the USCIS Application Support Center where biometrics will be taken.
    5. Attend the scheduled biometrics appointment at the USCIS Application Support Center with a copy of the Biometrics Services Appointment Notice and photo identification.
    6. Retain the Biometric Services Appointment Notice endorsed by USCIS on the date of the appointment and carry it with you as proof of compliance with the new registration rule.
    7. Monitor the MyUSCIS account for adjudication updates on Form G-325R from USCIS.

Canadian Nationals Exempt from the Registration Requirement

• Canadian nationals who will be in the U.S. for less than 30 days
• Canadian nationals who are U.S. lawful permanent residents
• Canadian nationals who are issued a Form I-94 admission record at a port of entry
• Canadian nationals under the age of 14
  • Children who turn 14 will need to comply with the new requirement within 30 days of their birthday even if they have previously been considered registered through issuance of a Form I-94 admission record. 
• Canadian nationals who have already been registered and fingerprinted through their application for a visa foil
• A and G visa holders
• American Indians born in Canada who possess at least 50% blood of the American Indian race and who are present in the U.S. under the authority of 8 United States Code Section 1359[RPA4] [GD5] 

Compliance with the Evidence of Registration Requirement

The new rule requires that all aliens over the age of 18, including all Canadian nationals, carry evidence of their registration with DHS. Aliens in the U.S. must carry at least one of the following documents as proof of compliance with the registration requirement.

• Form I-94 admission record;
• Form I-95, Crewmen’s Landing Permit;
• Form I-184, Alien Crewman Landing Permit and Identification Card;[RPA6] [GD7] 
• 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 Arrest of Aliens;[RPA8] [GD9] 
• Form I-551, Permanent Resident Card;
• Form I-766, Employment Authorization Document (EAD);
• Form I-862, Notice to Appear, for those noncitizens against whom removal proceedings are being instituted;
• Form I-863, Notice of Referral to Immigration Judge, for those noncitizens against whom removal proceedings are being instituted;[RPA10] [GD11] 
• Valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport;
• Proof of Registration upon submission of Form G-325R and completion of biometrics