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New Registration Rule Now in Effect: Should You Register with the DHS?

New Registration Rule Now in Effect - Should You Register with the DHS
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A new federal rule requiring some non-U.S. citizens to register with the Department of Homeland Security (DHS) is now in effect as of April 11, 2025. This change may impact individuals who are in the United States without traditional immigration documentation—or who entered without a visa—and could carry serious consequences for those who don’t comply.

New Registration Rule Now in Effect - Should You Register with the DHS

If you or someone you know is unsure about whether this rule applies to them, keep reading to understand who needs to register, what it involves, and the potential risks for both action and inaction.

Who Must Register Under the New Rule?

Registration is a process of notifying the government of your presence in the U.S. as a noncitizen. The requirement to “register” is in our immigration laws but has been rarely used. President Trump announced they will use this requirement for all noncitizens. The law requires all noncitizens over age 14 who remain in the U.S. for 30 days or more to register. (The law instructs parents to register those that are under age 14.) The law requires people to register before the 30-day period ends. The government posted a new form on the USCIS website for those that are not yet registered to use, Form G-325R.

The majority of immigrants and visa holders do NOT need to take additional steps under this new rule, as they are already considered “registered.” The following documents count as registration:

  • A green card. If you are a permanent resident, you are registered
  • A work permit, even if it is now expired. If you have an employment authorization card, for any reason, you are registered.
  • An I-94. If you got an I-94 document, or received an I-94 electronically, when you entered the United States, you are registered. This includes entries with parole or a visa. If you got an I-94 when you got status, such as asylee, or U nonimmigrant, you are registered.
  • An NTA. If you were issued a Notice to Appear in immigration court, you are registered. If you were issued an Order to Show cause (OSC) or a referral to the immigration judge, you are registered.
  • A Border Crossing Card.
  • A Landing Permit as a crewman.
  • If you have applied for lawful permanent residence or temporary residence you are registered, even if that application was denied. (Forms I-485, I-687, I-691, I-698, I-700)

If you are already registered, you do not need to register now. Those who entered with visas are considered registered as they are provided with I-94s upon arrival or biometrics have already been taken at the time of the application for the non-immigrant or immigrant visa.

However, three key groups of individuals are covered by the new rule and must now register with DHS if they are in the U.S. for 30 days or more and are not otherwise registered:

  1. Canadian citizens who entered the U.S. by land for business or tourism, did not receive an I-94, and stayed 30 days or more.
  2. Foreign nationals who turn 14 years old while in the United States.
  3. Foreign nationals who entered the U.S. without inspection (for example, by crossing the border without being processed by immigration officials), and who remain in the U.S. for 30 days or more.

What Does Registration Involve?

If you’re required to register, here’s what you’ll need to do:

  • Create a personal myUSCIS account
  • Submit Form G-325R online, which collects biographic and immigration-related information
  • Appear for fingerprinting and photos (biometrics), if you are age 14 or older and not a Canadian visitor
  • Receive and carry a “Proof of Alien Registration” document at all times

For children under 14, a parent or guardian must complete the registration, but fingerprints are not required until the child turns 14.

Is There a Deadline to Register?

Yes—and it’s very important.

If you were already in the United States for 30 days or more on April 11, 2025, you were expected to register immediately. There is no 30-day grace period after that date.

For individuals who newly meet the 30-day requirement after April 11 (for example, new arrivals or children who recently turned 14), registration must be completed as soon as the 30-day mark is reached.

What Happens if I Don’t Register?

If you do apply for an immigration benefit with USCIS and have not registered, DHS could use a failure to register as a negative factor in deciding your case.

Failing to register or carry proof of registration can result in misdemeanor charges, including:

  • Fines of up to $5,000
  • Jail time (up to six months for failure to register, 30 days for failure to carry proof)
  • Potential removal (deportation) if you are in violation of immigration laws

Also, if you move, you are required to report your new address to DHS within 10 days. Failing to do so may lead to detention or removal proceedings unless the delay was not willful or was reasonably excusable.

Important Note: Registration Can Carry Risks

The registration form asks for your address, information about you, your family, and immigration status, among other things. If you have no immigration status, immigration enforcement will know you are in the U.S. and the government says they will take steps to deport you. You may be detained.

For some people, registering with DHS may involve disclosing sensitive information—such as a criminal record or the fact that they entered the U.S. without inspection. These individuals may become visible to immigration enforcement through the registration process.

Before registering, those who are undocumented, have pending immigration cases, or have any criminal history should speak with an experienced and trusted immigration attorney. Legal advice can help you understand the risks and determine the best course of action.

What Should You Do Now?

If you think this new rule may apply to you or a family member:

➤ Determine if you are required to register
➤ Create a myUSCIS account and complete Form G-325R if needed
➤ Consult with an immigration attorney, especially if you have legal or immigration concerns
➤ Keep a copy of your registration proof with you at all times

For many, this rule will not affect them directly—but for others, it is critical to determine consequences of registering and not registering and their effect on their specific case. If you have questions or concerns about your situation, we’re here to help. Tancinco Law offers confidential consultations to guide you through the new DHS registration process and help you stay informed and protected.

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If you would like to know how to set an appointment with Tancinco Law, click here.

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Updates

Supreme Court Spares Filipino from Deportation: Sessions v. Dimaya

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On April 17, 2018, the U.S. Supreme Court rendered a decision in the case of Sessions v. Dimaya ruling that the definition of the crime of violence as an aggravated felony is void for being vague. The Respondent (deportee) in this case is James Dimaya who is a Filipino citizen and a lawful permanent resident of the United States. Mr. Dimaya’s deportation case was terminated as a result of the Supreme Court ruling.

James Garcia Dimaya, who is citizen of the Philippines, was admitted to the United States as a lawful permanent resident in 1992. In 2007 and 2009, Dimaya was convicted under the California Penal Code for first-degree residential burglary; both convictions resulted in two years’ imprisonment. Under the Immigration and Nationality Act (INA), a non-citizen convicted of an aggravated felony is subject to deportation.

The INA definition of aggravated felony includes a ‘crime of violence,’ which is any offense that involves the use or substantial risk of physical force against another person or property. The Department of Homeland Security (DHS) subsequently initiated deportation proceedings against Dimaya and claimed that his burglary convictions constituted crimes of violence under the Act. The Immigration Judge held that Dimaya was deportable and that burglary constitutes a crime of violence because it always involves a risk of physical violence. The Board of Immigration Appeals (BIA) affirmed. On appeal to the U.S. Court of Appeals for the Ninth Circuit, the definition of crime of violence was struck down as being vague. The Supreme Court ruled the same way stating that the crime of violence provision was unconstitutionally vague and could therefore not be a basis of the deportation or removal.

Since the decision was rendered last week, several questions were raised by those who may potentially be affected by this Supreme Court ruling.

Among these questions are the following:

Why did majority the Supreme Court Justices rule in favor of the immigrant in this case?

Interestingly in this 5-4 ruling, the arguments raised were regarding a constitutional protection that is extended to immigrants or non citizens. The issue that was resolved was whether the law in question which is the definition of a crime of violence under 8 USC 16(b) met the constitutional standard for due process and that accused is aware of the conduct that is proscribed by the statute. If it is not then it is considered void for vagueness. After hearing the arguments, majority of the justices ruled that the definition of a crime of violence is unconstitutionally vague and therefore this particular provision may not be used as basis to deport an immigrant.

Clearly this is a precedent case decided by the Supreme Court – who will benefit from this decision?

This is a deportation/removal case where the basis for removal is a criminal conviction relating to a crime of violence as an aggravated felony. This decision affects favorably those who are charged with removal based on crime of violence as in this case which is the crime of burglary.

What is the impact of this Supreme Court decision on future removal/deportation cases?

Those who are similarly situated as Dimaya – meaning those who are being charged with deportation because of a “crime of violence” – may have their cases revisited, reopened and terminated. Again this case affects those who are in removal proceedings because of the vague definition of “crime of violence” under 8 USC 16(b). It does not affect those aggravated felonies where the definition is contained elsewhere in the Immigration and Nationality Act.

(Atty. Lourdes S. Tancinco is a San Francisco based immigration lawyer and immigrant’s right advocate. She may be reached at law@tancinco.com, facebook.com/tancincolaw, or 1 888 930 0808)

Categories
Updates

Hardship to a Qualifying Relative in Waiver Application

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When USCIS announced the expanded waiver policy on July 29, 2016, several individuals with approved petitions who are unable to adjust inquired on whether they are eligible to apply for this new waiver. Other than an approved family or employment based petition, the eligibility requirements are the presence of a qualifying relative and proof of extreme hardship that this qualifying relative will suffer if the waiver is not approved.

James entered the United States as crewman in 2013. On his last arrival, James decided not to return to his ship and overstayed his authorized stay. His main reason for staying is that his U.S. citizen father suffered a stroke and he had to stay to take care of him. In 2015, the petition filed on behalf of James became current. Unfortunately, James could not adjust his status because of his unlawful presence and that he has no 245i. At the moment, his father is very ill and might only have a few months to live. He also has a one year old U.S. citizen child born out of wedlock. What are the chances that James is going to qualify for the provisional waiver?

The Waiver Application

An application for waiver is not simply an immigration form that one has to accomplish and submit. It requires more than just answering the questions on the form. The law requires that the applicant show a qualifying relative and that the qualifying relatives will suffer extreme hardship should the applicant be ordered removed.

The qualifying relatives should be either a parent or a spouse or both, who are lawful permanent residents or are U.S. citizens. The children who were born in the United States may not be considered as “qualifying relatives” for purposes of the waiver application. It is not possible to be granted a waiver if the individual in deportation or seeking waiver only has U.S. citizen children. It will also be challenging if there is a qualifying U.S. spouse but he does not present circumstances that will support a finding of “extreme” hardship.

Proving Extreme Hardship

The standards for extreme hardship are very high. The hardship should be more than the difficulties that will be experienced by the qualifying relative as a result of the deportation. Several case law including the case of Matter of Cervantes, 22 I&N Dec. 560 had served as guides in determining what constitutes hardship. The factors that can be considered are (1) presence of green card holder or U.S. citizen family ties of the qualifying relative; (2) country conditions in the country of relocation and qualifying relative ties to that country; (3) financial impact of departure from the United States; (4) significant health conditions, particularly when tied to unavailability of suitable medical care in the country of relocation.

In filing the application for waiver of the fraud, the applicant must include all documents and testimonies from individuals to show the varying factors that may be the basis for showing the hardship. Each individual case is different and so are the circumstances of the case. In the case of James, the qualifying relative is his U.S. citizen father. The minor child is not considered a qualifying relative. But despite the fact that the child is not qualifying relative, he may include the hardship of the child in the waiver application. But if the U.S. citizen father passes away, James will no longer be eligible for waiver because he no longer has a qualifying relative. It is best for James to file the waiver application as soon as possible while his parent is still alive. The extreme hardship to the ailing parent is obviously present for purposes of the waiver.

(Atty. Lourdes Santos Tancinco may be reached at law@tancinco.com or at 1888 930 0808 or visit her website at tancinco.weareph.com/old or facebook.com/tancincolaw)