Client Alert!
The Department of Homeland Security (DHS) published an Interim Final Rule titled “Alien Registration Form and Evidence of Registration.” The rule, which takes effect on April 11, 2025, mandates that all non-U.S. citizens present in the U.S. for 30 days or more register their physical presence and provide fingerprints. This rule stems from the January 20, 2025, Executive Order signed by President Trump, titled “Protecting the American People Against Invasion.”
Key Changes Under the New Rule
The new regulation enforces Section 262 of the Immigration and Nationality Act (INA), requiring all foreign nationals aged 14 and over to apply for fingerprinting and registration unless they were fingerprinted during the visa or admission process. Historically, Canadian nationals were exempt from this requirement when entering via land ports of entry. However, DHS has now confirmed that this exemption will no longer apply.
Who is Impacted?
Canadian nationals who:
- Are 14 years of age or older
- Enter the U.S. via a land port of entry
- Are admitted as visitors for business (B-1) or tourism (B-2)
- Remain in the U.S. for more than 30 days
How to Comply with the Registration Requirement
1. Obtain an I-94 Admission Record in Advance
- Visit the U.S. Customs and Border Protection (CBP) I-94 website: https://i94.cbp.dhs.gov/home
- Select “Apply for new I-94” or “Apply Now”
- Enter the required information and pay the $6 fee
- Download or print the I-94 record
- Present it to U.S. CBP at the port of entry and request fingerprinting
2. Register from Within the U.S.
If an I-94 was not obtained at entry, Canadian nationals can submit USCIS Form G-325R and attend a biometrics appointment:
- Create a MyUSCIS account: https://www.uscis.gov/file-online/how-to-create-a-uscis-online-account
- Select “File a Form Online” and choose G-325R, Biographic Information (Registration)
- Enter the required details, digitally sign, and submit the form (no filing fee required)
- USCIS will issue a Biometrics Appointment Notice with the date, time, and location of the appointment
- Attend the biometrics appointment and retain proof of compliance
Who is Exempt from the Registration Requirement?
- Canadian nationals staying in the U.S. for less than 30 days
- Canadian nationals who are U.S. lawful permanent residents
- Canadian nationals who receive an I-94 at entry
- Canadian nationals under the age of 14 (but must comply upon turning 14)
- Canadian nationals who have been fingerprinted for a visa application
- Holders of A and G visas
- American Indians born in Canada with at least 50% American Indian blood under 8 U.S.C. §1359
Carrying Evidence of Registration
All foreign nationals over the age of 18, including Canadian nationals, must carry proof of registration with DHS at all times. Acceptable documents include:
- Form I-94 (Admission Record)
- Form I-95 (Crewmen’s Landing Permit)
- Form I-185 or I-186 (Border Crossing Cards)
- Form I-551 (Permanent Resident Card)
- Form I-766 (Employment Authorization Document)
- USCIS receipt notice for Form G-325R and proof of completed biometrics
If you need further assistance or clarification, please email us at Davidson Law Group.
