Explanation of the new registration requirement for certain visitors in the USA
On March 12, 2025, United States Citizenship and Immigration Services (“USCIS”) implemented an interim final regulation that requires certain visitors to the U.S., who plan to stay longer than 30 days, to register their presence in the U.S. within 30 days of entering the U.S. by filing online the form G-325R. This requirement goes into effect from April 11, 2025. Anyone, who is required to register under this regulation and is currently in the U.S. and will remain here until May 11, 2025, and beyond, must register by May 11, 2025.
Since the registration requirement is full of exceptions, we will start with the exceptions that very quickly narrow down the group of people who must register.
Who is not required to register pursuant to the new regulation?
1. Legal permanent residents and conditional legal permanent residents with an I-551 card (“green card”), including those who have entered the U.S. with an immigrant visa, but have not yet received their I-551 card (“green card”).
2. People in the U.S. in a non-immigrant visa status (including Canadians flying to the U.S. in visa-exempt B-1/B-2 status), to whom a CBP issued an I-94 entry record at the time of admission or who received from USCIS approval of a change of status to their current non-immigrant status.
3. Temporary visitors under the ESTA-Visa Waiver Program, to whom CBP issued an I-94 entry record at the time of admission.
4. Canadians that enter the U.S. across a land border in visa-exempt B-1/B-2 status and stay for less than 30 days.
5. Anyone that is at least 50% Native American, born in Canada, who can provide proof of membership in a recognized First Nation indigenous people (typically in the form of an identification card issued by the tribal government).
6. Crewmen, who were admitted by CBP with an I-95 or I-184 record.
7. Anyone who currently holds a valid I-766 Employment Authorization Document (“EAD”), regardless of what the basis for the issuance of that document is (e.g., asylum, TPS, DACA, VAWA, U visa, Parole in Place for Family Members of Soldiers & Veterans of the U.S. Military, among others).
8. Anyone with a valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport.
9. Anyone with a pending I-485, Application for Adjustment of Status.
10. Anyone with a pending I-590, Registration for Classification as a Refugee.
11. Anyone with a pending I–687, Application for Status as a Temporary Resident—Applicants under section 245A of the Immigration and Nationality Act, as amended.
12. Anyone with a pending I–691, Notice of Approval for Status as a Temporary Resident—Aliens adjusted to lawful temporary residence under 8 CFR 210.2 and 245A.2.
13. Anyone with a pending I–698, Application to Adjust Status from Temporary to Permanent Resident—Applicants under section 245A of the Immigration and Nationality Act, as amended.
14. Anyone with a pending I–700, Application for Status as a Temporary Resident—Applicants under section 210 of the Immigration and Nationality Act, as amended.
15. Anyone with a pending I–817, Application for Voluntary Departure under the Family Unity Program.
16. Anyone in the U.S. pursuant to a Border Crossing Card such as:
- I-185, Non-Resident Alien Canadian Border Crossing Card for Citizens of Canada or British subjects residing in Canada.
- I-186, Non-Resident Alien Mexican Border Crossing Card for Citizens of Mexico residing in Mexico.
17. Anyone with an I-221 or I-221S Order to Show Cause and Notice of Hearing—Aliens against whom deportation proceedings are being instituted.
18. Anyone with a Form I–862, Notice to Appear—Aliens against whom removal proceedings are being instituted.
19. Anyone with a Form I–863, Notice of Referral to Immigration Judge—Aliens against whom removal proceedings are being instituted.
Who must register pursuant to the new regulation?
1. Canadians who enter the U.S. at a land border crossing in visa-exempt B-1/B-2 status and plan to stay for longer than 30 days.
2. Foreign persons who have entered the U.S. without inspection and who:
- have not been caught by DHS and placed into deportation/removal proceedings; and
- have not applied for any sort of relief from deportation/removal (e.g., asylum, TPS, DACA, VAWA, U visa, Parole in Place for Family Members of Soldiers & Veterans of the U.S. Military, among others); and
- have not applied for any other immigration benefits listed above.
It is important to note that the requirement to register applies to people of all ages. Therefore, within a family, the registration must be submitted for each member of the family separately, i.e., it does not suffice to register just one or both parents without also registering the children. Parents are responsible for registering their children and are liable for any penalties for not registering their children.
What is the registration procedure for those, who are required to register?
Those required to register must go on the website https://my.uscis.gov, set up an account on the USCIS ELIS online filing system, and then complete and submit the form G-325R. This form is available online only, there is no paper version of the form.
Everyone, who is required to register, is 14 years of age and older, and is not Canadian, will also be required to attend an appointment for fingerprinting so that background checks, based on the registrant’s name and fingerprints, can be performed. USCIS will set an appointment at a local USCIS Application Support Center for digital fingerprinting and notify the registrant by email and probably also by postal mail of the appointment. I repeat and emphasize here that all Canadians are exempt from the fingerprinting requirement.
Once the registration is complete, the online application system will produce a PDF document, which the registrant can save and print out as proof of registration. Those who are not required to undergo fingerprinting will receive the registration confirmation immediately upon submission of the G-325R form online. Those, who are required to undergo fingerprinting, will not receive confirmation of registration until they complete the fingerprinting process at the USCIS Application Support Center.
Are there any obligations beyond the initial registration?
Change of Address
Anytime a person, who is required to register, moves to a new address, then that person is required to notify USCIS of the change of address through the submission of an AR-11 change of address form through their online USCIS ELIS account.
Canadians coming across land border for longer than 30 days
With each subsequent entry across the land border for longer than 30 days, the Canadian visitor (and any accompanying family members, regardless of age) must register with the G-325R form.
What information must be entered in the G-325R form?
1. Personal Information
- Full legal name and any aliases
- Date and place of birth
- Gender
- Citizenship or nationality
- Alien Registration Number (if assigned previously)
2. Residence History
- Current U.S. address
- All addresses for the past five years, including dates of residence
3. Employment History
- Current employer’s name and address
- All employers from the past five years, including job titles and dates of employment
4. Marital and Family History
- Current marital status
- Spouse’s full name, date of birth, and place of birth
- Date and place of marriage
- Details of any prior marriages
5. Background Information
- History of arrests, detentions, or convictions
- Previous military service (if applicable)
- Past immigration history, including visa denials or removal proceedings
What are the possible consequences for non-compliance?
When those, who are required to register, do not file Form G-325R as required, may subject themselves to the following penalties:
- Criminal penalties, including fines up to $5,000 or imprisonment for up to six months.
- Becoming deportable under 8 U.S.C. 1227(a)(3)(B)(i) for fraudulent or willful failure to register.
- Difficulties obtaining future immigration benefits, such as permanent residence (the “Green Card”) or a work authorization
Useful Links
If you would like to read the text of the regulation as USCIS published it in the Federal Register, please click here.
If you would like to visit the page of USCIS’s website, which explains the registration requirement and how to set up a USCIS ELIS account and which contains a link to the G-325R form, please click here.