Avram Morell

On February 25, 2025, the U.S. Citizenship and Immigration Services (USCIS) announced that it is establishing a new form and process for compliance with alien registration requirements. Although the announcement follows from the January 20, 2025, Executive Order signed by President Trump (Protecting the American People Against Invasion), the registration requirements stem from Section 262 of the Immigration and Nationality Act. With limited exceptions, the Immigration and Nationality Act requires that all aliens 14 years of age or older must apply for fingerprinting and registration if they were not fingerprinted when applying for a U.S. visa and if they remain in the U.S. for 30 days or longer. Since consulates routinely do not require children under 14 to attend visa interviews, this is likely to affect a significant number of dependents traveling with parents holding work visas. Per the USCIS announcement, these children must apply for re-registration and fingerprinting within 30 days of reaching their 14th birthday.

Additionally, the USCIS statement was joined by Department of Homeland Security (DHS) Secretary Kristi Noem announcing that the government would fully enforce obligations created by the Immigration and Naturalization Act. DHS put out a statement highlighting potential penalties for aliens who, among other requirements, fail to register and be fingerprinted and who fail to apprise the government of changes to their address.

Analysis and Tips

While USCIS is implementing a new registration system to facilitate registration and fingerprinting, these developments highlight the Trump administration’s focus on requirements that have long been in place, but which have largely been dormant. Although much of the focus is on prompting undocumented immigrants to disclose their presence, the obligations that DHS seeks to enforce are not newly created and also apply to persons in valid immigration status. As such, it’s important to take away the following reminders:

• Visa holders and green card holders must complete Form AR-11 to update their address with USCIS within 10 days of any move. This can be done by filing a paper form or through a USCIS online account. The AR-11 requirement does not apply to A and G visa holders or visa waiver visitors.
• Children who turn 14 and are present on a nonimmigrant visa will need to register within 30 days of their birthday, even if they have previously been considered registered through issuance of a Form I-94 admission record. This is because children under 14 are not fingerprinted during the consular visa application process. USCIS has not yet announced the form and process for registering children under 14, but advises parents and guardians to create a USCIS online account in preparation for the registration process.
• Children who turn 14 and who are green card holders need to submit Form I-90. The I-90 can be filed up to 30 days before the 14th birthday and should be filed no later than 30 days after the 14th birthday. If filing before 30 days after the 14th birthday, no filing fee is required so long as the existing card expires after the 16th birthday. If the existing green card expires before the 16th birthday and/or the filing is made later than 30 days from the child turning 14, a filing fee will apply. Once the I-90 is filed, USCIS will schedule biometrics for the child and process a new green card.
• Likewise, children who are nearing their 14th birthday and who have a pending adjustment of status application may be scheduled for biometrics and have their green card approval delayed until this has taken place. Children entering on an immigrant visa who are near their 14th birthday may have green card issuance delayed by USCIS until biometrics are scheduled and taken. Other family members could be issued their green cards while the child is awaiting biometrics, and if the family is planning international travel, it’s important to keep in mind that the child should have the green card in hand before departing the U.S.— e.g., they can’t rely on a previously granted nonimmigrant visa to reenter the country if the principal visa holder has now received their green card.

For more information or assistance, contact your Pryor Cashman immigration attorney. As always, Pryor Cashman will continue to monitor for updates on this and other U.S. immigration policies.

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Associate Scott Schaefer was a contributing author to this client alert.