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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

2023: The year of more H-2B visas

2023: The year of more H-2B visas
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The Department of Homeland Security (DHS) will add more H-2B visas in 2023, raising the cap by at least 64,000. This is on top of the regularly available H-2B visa count of 66,000.

The addition for H-2B visas targets additional seasonal workers as businesses continue to roar back with the decline of the pandemic.

Here is the breakdown: The H-2B supplemental includes an allocation of 20,000 visas to workers from Haiti and the Central American countries of Honduras, Guatemala, and El Salvador. The remaining 44,000 supplemental visas will be available to returning workers who received an H-2B visa, or were otherwise granted H-2B status, during one of the last three fiscal years.

Why does this matter? Let’s do a review first of what the H-2B visa is for.

What is the H-2B?

The H-2B visa is also known as the temporary nonagricultural worker visa.

These are given to non-Americans who would like to work for companies that would otherwise suffer “impending irreparable harm” if they did not employ non-citizens.

This can be American businesses in varying fields such as hospitality and tourism, landscaping, seafood processing, and others.

The conditions

Here are the conditions that need to be met for granting the visa:

  1. The employment needs to be for a limited period
  2. The limited period must be less than a year
  3. The employers must prove that there are not enough American workers to do the temporary work
  4. The employment of the non-Americans must not affect the wages for American workers posted in similar jobs

Those who wish to get an H-2B meanwhile need to get a job offer from an American employer that can meet the above criteria.

Applicants need to prove that they will return to their country after the temporary employment.

After the first limited period is complete, the employee can extend their employment for up to 3 years if the employer can prove that the employee is still needed.

Protection from exploitation

With concerns for exploitation and unfair working conditions, the US DHS and Department of Labor announced the creation of a new White House-convened Worker Protection Taskforce.

“We also will bolster worker protections to safeguard the integrity of the program from unscrupulous employers who would seek to exploit the workers by paying substandard wages and maintaining unsafe work conditions,” said Secretary of Homeland Security Alejandro MAyorkas in a statement.

For advice on how to take advantage of this raising of the cap and to find alternate ways to work in the United States, reach out to a trusted immigration lawyer.

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Updates

DHS Withdraws October 2020 Affidavit of Support Rule

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The U.S. Citizenship and Immigration Services (USCIS) announced on March 19, 2021 that proposed rule on affidavit of support dated October 2, 2020 will be withdrawn. This policy change is consistent with the Department of Homeland Security’s (DHS) commitment to reduce barriers within the legal immigration system. DHS and USCIS are committed to eliminating barriers that prevent legal immigrants from accessing government services available to them.

The 189-page October 2020 rule would have imposed higher qualifying and evidentiary requirements including production of bank information and credit reports. These requirements would have placed undue burden on the U.S. citizens petitioning their relatives who are signing affidavits of support. According to the USCIS, it is estimated that the cost of implementing these requirements on U.S. citizen petitioners is $2.4 billion over the next decade.

The withdrawal of this rule is just one of many policies that reverses the prior administration’s restrictive immigration rules. These changes are all consistent with President Biden’s Executive Order (EO) 14012, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans.

Both the Department of Homeland Security and the Department of State are reverting to the public charge standard that had been in effect prior to the proposed changes.

Meantime, the DHS has reinstated the Form I-864W, Request for Exemption for Intending Immigrant’s Affidavit of Support, which allows certain applicants to seek exemption from the affidavit of support requirements. These applicants include: (1) individuals who have earned or can receive credit for 40 quarters of coverage under the Social Security Act (SSA); (2) children who will become U.S. citizens upon entry to the United States; (3) self petitioning widow/ers and (4) self-petitioning battered spouses and children. These applicants will be required to submit Form I-864W if seeking an exemption from the affidavit of support requirement.

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Updates

The “Johnson Memo”: ICE to Prioritize Enforcement

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The U.S. Immigration and Customs Enforcement (ICE) Acting Director Tae Johnson released its ICE memorandum known as the “Johnson Memo” and laid out three priorities for enforcement:

  • national security,
  • border security and
  • public safety.

The new memo applies to every stage of enforcement, from deciding whether to arrest someone to deciding whether to deport them.

Presumed priorities are defined in the memo under these 3 categories.

For the third presumed priority under public safety, the individual must have been convicted of an aggravated felony or trigger the gang participation prong and must pose a threat to public safety. ICE officers are instructed to consider various factors before deciding to arrest or deport. These factors include: first, the extensiveness, seriousness, and recency of the criminal activity; and second, presence of mitigating factors, including, but not limited to:

  1. Personal and family circumstances;
  2. Health and medical factors;
  3. Ties to the Community;
  4. Evidence of rehabilitation; and
  5. Whether the individual has potential immigration relief available.

Prioritizing enforcement is a dramatic departure from the prior administration policy of deporting families who have lived for years in the United States, terrorizing immigrant communities and a reported increase in “collateral” arrests of individuals who were separated from their families.

The Johnson Memo is only an interim memo, and the Department of Homeland Security (DHS) Secretary will publish new rules for ICE officers, likely within 90 days. If you or any family member is at risk of removal or arrest, or has a final order of removal, it will be best to contact our office to determine if you fit the criteria for a presumed priority or not. Since this Memo does not completely take out ICE’s authority to apprehend, detain and remove individuals, one may want to have his or her case analyzed to determine whether it falls outside the presumed priority and if available reliefs are available.

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Updates

Court Temporarily Blocks Increase in USCIS Filing Fees

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On September 29, 2020, the U.S.  District Court for the Northern District of California granted the motion for a preliminary injunction filed by eight non profit organizations that provide a variety of “services benefitting low-income applicants for immigration benefits.”

The court orders the suspension of the implementation and the effective date of USCIS Immigration Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements, 85 Fed. Reg. 46,788 (Aug. 3, 2020) (the “Final Rule”) in its entirety pending final adjudication of this matter.

Court also ordered Defendants Wolf, in his official capacity under the title of Acting Secretary of DHS; Cuccinelli, in his official capacity under the title of Senior Official Performing the Duties of the Deputy Secretary of DHS; DHS; and USCIS, and all persons acting under their direction, to suspend the implementation or enforcement of the Final Rule increasing the fees

This order will take effective immediately and will remain in effect pending trial of the case. On October 1, 2020, USCIS issued an update stating that while the rule is preliminarily enjoined, USCIS will continue to “accept USCIS forms with the current editions and current fees” and “use the regulations and guidance currently in place to adjudicate applications and petitions. This includes accepting and adjudicating fee waiver requests as provided under Adjudicator’s Field Manual (AFM) Chapters 10.9 and 10.10.”

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Updates

REAL ID Enforcement extended for another year, or until October 1, 2021

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The Department of Homeland Security (DHS) announced that due to circumstances resulting from the COVID-19 pandemic and the national emergency declaration, their agency is extending the REAL ID enforcement deadline by a year. The new deadline for REAL ID compliance is now October 1, 2021. Below is the DHS rationale for this extension:

“The federal, state and local response to the spread of the Coronavirus here in the United States necessitates a delay in this deadline. Our state and local partners are working tirelessly with the Administration to flatten the curve and, therefore, we want to remove any impediments to response and recovery efforts. States across the country are temporarily closing or restricting access to DMVs. This action will preclude millions of people from applying for and receiving their REAL ID. Extending the deadline will also allow the Department to work with Congress to implement needed changes to expedite the issuance of REAL IDs once the current health crisis concludes.”

This extension means that for purposes of domestic flights in the United States, Transportation Security Administration’s (TSA) and airlines’ agents may still accept the Drivers licenses or identifications that are not REAL-ID compliant until October 1, 2021. And since there is a one year extension, those who are eligible to apply for a REAL ID compliant license must do so without further delay. Those individuals who do not have legal status usually are not granted driver’s licenses or identifications that are not REAL-ID compliant. It will also be prudent to seek ways on how to legalize immigration status if there are available legal options.

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Updates

DHS Memorandum Policy on DACA contrary to Supreme Court ruling

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On June 18, 2020, the U.S. Supreme Court handed a decision invalidating the September 2017 Trump’s administration’s rescission of the Deferred Action for Childhood Arrivals (DACA). After one month from the decision, on July 28, 2020, the Department of Homeland Security (DHS) issued a Memorandum affecting more than 640,000 DACA recipients. The Memorandum states that it will begin to wind down legal protections for hundreds of thousands of Deferred Action for Childhood Arrivals (DACA) recipients. While it conducts a review of the program it will reject all initial DACA applications and will limit the protection for those renewing their DACA applications to one year, rather than two years.

1. What Does This New Policy Mean To The DACA Recipients?

Two categories of DACA recipients are affected: first, the current DACA recipients or those who are already receiving the DACA protections from June 2012 to the present; and second: new DACA applicants: those who became eligible beginning September 2017 were it not for Trump’s rescission.

For the first category, current DACA recipients: They will be limited to one year protection and one year employment authorization card instead of the usual 2 years. Furthermore, they will not be allowed to apply for advance parole.

For the second category, new DACA applicants who have been eligible for DACA are now prevented from applying for DACA protections because of the Trump administration’s recent policy memorandum. These are the thousands of young immigrants who have been waiting to qualify and apply for DACA protections.

2. What are the Administration’s reasons for limiting the applicability of DACA?

The reasons are stated in the DHS memorandum released: (1) Congress should have sole authority to resolve whether DACA should continue and (2) concerns about enforcement policy that enforcing the law against those in unlawful status will not be consistently exercised if it favors a group like the DACA population. These are all flimsy excuses that run contrary to vast majority of the Americans who support protection for these young immigrants. And more importantly, these reasons do not justify issuance of this policy that runs contrary to a judicial decision of the Supreme Court and that of the District court of Maryland requiring the USCIS to accept new DACA applications.

3. What steps should present and future DACA recipients take in view of this new policy?

In view of this policy, DACA recipients should be aware of the limitations of their protections which is only one year now, and that they should not allow their DACA protections and employment cards to expire. If their employment cards are expiring the DACA recipients should renew early. And for new DACA applicants, they should hold off to the filing of new applications until this policy is reversed or rescinded. For our readers, please contact your legislators to urge them to pass the The American Dream and Promise Act, a bill if enacted would result in a permanent fix to this issue of our Dreamers by creating a pathway to U.S. citizenship.

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Updates

Closing of USCIS Office in Manila Will Not Adversely Affect U.S. Visa Applicants

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Beginning July 5, 2019, the U.S. Citizenship and Immigration Services (USCIS) field office in Manila will be closed. Visa applicants and those who have pending visa petitions were alarmed by this recent development. It is important to note that the processing and issuance of visas will still continue at the U.S. Embassy in Manila through its visa services unit. USCIS and the U.S. Embassy have distinct responsibilities when it comes to immigration.

The USCIS

The USCIS is an agency within the U.S. Department of Homeland Security (DHS) and administers the country’s naturalization and immigration system. USCIS field offices such as the one in Manila handle immigration petitions such as petitions for immediate relatives (I-130), Application for Travel Document (Carrier Documentation), Abandonment of Lawful Permanent Resident Status (I-407), among others. The USCIS announced that individuals who were previously assisted in its Manila field offices before June 3, 2019 must follow new filing instructions that may be found on their website (www.uscis.gov).

The U.S. Embassy

The U.S. Embassy is under the U.S. Department of State (DOS) has varying responsibilities in immigration law which include non-immigrant visas, immigrant visas and anti-fraud activities related to the administration of visa issuances among others. The U.S. Embassy handles applications and the issuance of visas.

Both immigrant and non-immigrant visa processing with the U.S. Embassy will continue despite the closure of the USCIS office. General information about the U.S. Embassy Manila is available on the embassy’s website (https://ph.usembassy.gov).

(Atty. Lourdes Santos Tancinco, Esq. is an immigrant advocate and a principal partner at the Tancinco Law Offices, a San Francisco CA based law firm. She may be reached at 1 888 930 0808, law@tancinco.com , facebook.com/tancincolaw, or through her website tancinco.weareph.com/old)

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Updates

Overstaying and Human Trafficking Cited As Main Reasons for Rendering Filipinos Ineligible for U.S. Temporary H2 Working Visas

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Every year since 2008, the U.S. Department of Homeland Security and the Department of State publish a list of countries whose nationals are eligible to receive H2A and H2B visas. Philippines has always been on this list except for 2019. In a surprising announcement through the Federal Register publication on January 18, 2019, the Philippines together with Dominican Republic (H2B only) and Ethiopia were deleted from the list. This means that no Filipinos will be able to receive H2 Visa beginning 2019.

Only Limited Categories of Working Visas Affected

The working visas impacted by this bad news are limited to the H2A and the H2B visas.

H2A visas are working visas issued to perform agricultural labor or agricultural services of a temporary or seasonal nature. The farm labor includes the raising of livestock, any practices including forestry and lumbering incident to or related to farming operations, handling, planting, packaging to market or carrier for marketing.

H2B visas, on the other hand, are those applied for to work in non-agricultural labor. The type of jobs mostly availed by Filipinos who are temporary and seasonal work in the hotel or construction projects.

Both these agricultural and non-agricultural working visas are temporary in nature and the holder of these visas are expected to return to their homeland after the expiration of the visas.

There are other categories of working visas that are not affected by this recent development and these include the H1B professional and specialty occupations, the H3 Trainees and the O1/P1 working visas. Filipino nationals may continue to apply for the latter visa categories.

Overstaying and Human Trafficking

The U.S. Department of Homeland Securities reports that 40% of those issued H2 visas do not return to the Philippines after the expiration of their visas. It was also mentioned that 40% of the quota number for derivatives of “T1” Trafficking Visas are issued to Filipinos. Visas for derivatives of victims of trafficking are identified as T2 or T3 visas.

Human trafficking occurs when traffickers lure individuals with false promises of employment and a better life often taking advantage of the vulnerable unemployed or low income individuals who lack access to social safety nets. Victims of human trafficking are issued T nonimmigrant visas and are allowed to work and remain in the United States. To prohibit the use of the H2B visa as a route for human traffickers to take advantage of their victims, the DHS decided to designate Philippines as a country whose nationals are no longer eligible for the H2B and H2A visas.

Given that overstaying the authorized stay is unlawful, It must be pointed out that overstaying of H2 workers is one major resulting consequence of becoming victims of human trafficking. Most of the victims borrowed huge sums of money to be able to pay their agents or traffickers. These workers are hesitant to return to the homeland because they will be facing financial issues, lawsuits if not harassment from their creditors in the Philippines.

There are 66,000 visas that are issued each fiscal year. For the year 2017, Filipinos availed of 767 of the H2B visas and that is approximately a little more than 1% of the allocated visa. In rendering Filipinos ineligible of the H2B visas, there is not much impact on U.S. employers in general. However, the 1% is still important to Filipino workers and to their employers and that most of those affected are head of their families. If there is a genuine employer and employee relationship, despite the ineligibility of Filipinos, their employers may still seek a reconsideration to qualify Filipino workers as a matter of discretion and on a case by case basis if it is in the U.S. interest for the Filipino worker to receive the H2B visa. A discretionary factor that may be taken into account is the worker’s prior admission as H2B and that the worker complied with the terms of the program.

In regards to the human trafficking issue, this is a more serious concern not just for the United States but also for the Philippine government. With the delisting of the Philippines from the H2B program, it will be an opportune time to review existing regulations and initiate more restrictive measures to protect our Filipino workers.

(Atty. Lourdes Santos Tancinco, Esq. is a San Francisco based immigration attorney and an immigrant rights advocate. She may be reached at 1 888 930 0808, law@tancinco.com, facebook.com/tancincolaw, or through her website tancinco.weareph.com/old)