Wednesday 30 April 2025

Long-standing US legislation called Alien Registration Act (also known at the Smith Act) requires most noncitizens aged 14 or older who remain in the US for 30 days or more to register with the government. Although this requirement has not been enforced for many years, as of Friday 11 April 2025 it is being enforced again. Affected individuals must now register using Form G-325R. Failing to register or to carry proof of registration can result in fines, jail time or removal from the US.

Who must register?

You must register if:

• you have entered the US and plan to stay for 30 days or longer;
• you entered without inspection or were not issued proof of registration (eg an I-94);
• you are a Canadian who entered at a land border and were not issued evidence of registration, such
• you were granted Deferred Action or TPS but never received a registration document;
• you are a noncitizen child who turns 14 while in the US (you must register within 30 days of your birthday); or
• you are a lawful permanent resident who turned 14 outside the US and recently re-entered.

Who is already considered registered?

You are already registered if you have one of the following:

• a green card (I-551) issued after age 14;
• a valid or expired I-94 or I-94W;
• a valid employment authorisation card (I-766);
• an immigrant or nonimmigrant visa issued before your most recent entry (unless issued before age 14);
• an order to appear in immigration court (eg I-862 or I-221);
• parole under INA §212(d)(5), even if expired; or
• permission to leave the US without being placed in removal proceedings.

Who is exempt from registration?

You are exempt from registering if:

• you are a US citizen;
• you are in the US for fewer than 30 days;
• you hold an A or G visa;
• you already registered and were fingerprinted through your visa application;
• you are a Canadian-born American Indian with at least 50% native blood under 8 USC §1359; or
• you applied for lawful permanent residence using forms I-485, I-687, I-691, I-698 or I-700 and gave fingerprints.

How to register

To register, complete these steps:

1. create an online USCIS account here;
2. complete Form G-325R online through your account;
3. attend a biometrics appointment and sign a sworn statement;
4. wait for background checks to complete; and
5. download your proof of registration from your USCIS account.

To complete Form G-325R, you will need to provide:

• your legal name, address history and contact details;
• immigration history and biographic details;
• any criminal history;
• family details; and
• certification under penalty of perjury and permission to release your records.

What counts as proof of registration?

You can use these documents to show you are registered:

• I-94 or I-94W, even if expired, provided it was issued before age 14;
• I-95, I-184, I-185 or I-186 border crossing documents;
• I-766 (work authorisation);
• I-551 (green card), provided it was issued before age 14;
• I-862, I-221, I-221S or I-863 (immigration court documents); or
• valid nonimmigrant DHS stamp in a foreign passport, provided it was issued before age 14.

Consequences for not registering or carrying proof of registration

If you are 18 or older, you must always carry proof of registration. Failure to do so could result in:

• a fine of up to $5,000;
• up to 30 days in jail;
• denial of future immigration benefits;
• removal from the US; and
• criminal charges if you register with false information.

Change of address requirement

Registered noncitizens must notify USCIS within 10 days if they move. Failing to update your address could result in fines, jail or removal. Address updates can be submitted by filing for AR-11 online.

Practical implications

The reactivation of this long-dormant provision marks a shift in US immigration enforcement, particularly for individuals who may not typically interact with immigration authorities after entry. Noncitizens who entered the US irregularly, Canadians without evidence of registration and children turning 14 now face new administrative hurdles. Importantly, the burden to register falls even on those with lawful status if their registration record is incomplete or outdated.

Assistance
If you require further advice on these changes or any assistance relating to registration, please contact your assigned LDI lawyer or our Enquiries team at enquiries@lauradevine.com and we shall be pleased to discuss how we can assist.