Navigating the New Alien Registration Rules

The Department of Homeland Security (DHS) has finalized its new Alien Registration rule, making permanent a process that was previously introduced on a temporary basis. While the underlying registration requirement has existed for decades under the Immigration and Nationality Act, the new rule establishes a permanent system for individuals who are not already registered.

If you are a noncitizen living in the United States, it is important to understand whether this rule applies to you and what steps you may need to take.

Who Is Already Registered?

Most noncitizens who entered the United States through the normal immigration process are already considered registered. This generally includes individuals who:

• Entered with a valid visa and received a Form I-94

• Hold a work permit

• Are lawful permanent residents

• Have already provided biometrics through another USCIS process

If you entered legally and received an electronic arrival record (commonly known as I-94 record of entry) or other immigration documentation, you generally do not need to complete the new registration process.

Who May Need to Register?

The new rule primarily affects individuals who have been in the United States for more than 30 days but were never formally registered. This may include certain individuals who entered without inspection or others who do not have standard registration documents.

DHS has permanently adopted Form G-325R (Biographic Information) as the registration process. Individuals who are required to register must create a USCIS online account, submit the form, and attend a biometrics appointment if instructed.

Registration is a legal compliance requirement. It does not provide lawful immigration status, employment authorization, or any immigration benefit.

Important Requirements

The final rule emphasizes several existing legal obligations:

• Willfully failing to register when required may result in misdemeanor criminal penalties.

• Registered noncitizens who are 18 or older must carry proof of registration at all times.

• Parents or legal guardians must register children under 14 who are required to register.

• A child who turns 14 while in the United States must register and complete fingerprinting within 30 days if required.

Failure to comply with these requirements could lead to legal consequences.

Additional Updates

Along with finalizing the rule, DHS is accepting public comments on additional proposed changes, including biometric procedures and expanding the types of documents that qualify as evidence of registration. The public comment period is open through August 28, 2026.

These proposals are not yet final, but additional changes may follow after the comment period concludes.

What You Should Do

If you are unsure whether you are already registered, do not assume that you are or are not covered by the rule. Review your immigration documents carefully and determine whether you have proof of registration. If your situation is unusual, such as entering without inspection or lacking current immigration documentation, it is especially important to seek legal guidance before taking action. Understanding your obligations now can help you avoid unnecessary legal problems later.

If you have questions about the Alien Registration requirements or any other immigration matter, contact Tran Flores Law at (512) 894-9984 to discuss your situation with an experienced immigration attorney.