A renewed wave of uncertainty is spreading across the United States following the reactivation of a long-dormant federal mandate first established under the Smith Act of 1940. This law originally required certain non-U.S. citizens to register with federal authorities, submit biometric information, and carry proof of registration at all times—or face penalties including fines, imprisonment, or deportation.
In 2025, the federal government reinstated and expanded this rule, marking a major change in how immigration registration and compliance are enforced nationwide.
Background on the Smith Act Revival
Starting April 11, 2025, all immigrants who entered the United States without a valid visa are now required to register with the Department of Homeland Security (DHS). Those without formal legal status must submit both personal and biometric information online or risk substantial penalties, including deportation.
To streamline this process, DHS has introduced a new online form—Form G-325R, Biographic Information (Registration)—as part of a digital registration system. According to DHS officials, the policy aims to strengthen federal oversight and ensure that all noncitizens residing in the U.S. are properly documented.
DHS Secretary Kristi Noem stated that the initiative’s purpose is to “locate, apprehend, and remove” noncompliant individuals, emphasizing that “there will be no sanctuary for noncompliance.”
Who Must Register Under the New Policy
1. Individuals Present Without Inspection
Those who entered the U.S. without inspection or formal admission by an immigration officer and who have not otherwise registered (for example, by applying for immigration benefits).
2. Canadians Entering by Land Without Form I-94
Canadian citizens entering as visitors for business or pleasure at land borders who do not receive a Form I-94 must register if their stay exceeds 30 days.
3. Children Turning 14
All non-citizen children must re-register within 30 days of their 14th birthday.
- Lawful permanent residents (Green Card holders) file Form I-90.
- Dependents on nonimmigrant visas (H-4, L-2, etc.) file Form G-325R.
4. Parents or Legal Guardians
Parents or guardians are legally responsible for registering their children under 14 who will remain in the U.S. for 30 days or longer.
Who Is Already Considered Registered
The following individuals are already registered and do not need to take additional action:
- Lawful Permanent Residents (Green Card holders)
- Individuals paroled into the U.S. under INA 212(d)(5)
- Nonimmigrants issued Form I-94 or I-94W (paper or electronic)
- Persons who entered the U.S. with valid immigrant or nonimmigrant visas
- Individuals in removal proceedings or issued a Notice to Appear (NTA)
- Individuals with Employment Authorization Documents (EADs)
- Applicants for lawful permanent residence via Forms I-485, I-687, I-691, I-698, I-700
- Holders of Border Crossing Cards
Who Is Exempt
Certain groups remain exempt from this registration requirement, including:
- Visa holders already registered and fingerprinted during their visa process
- Holders of A or G visas
- Noncitizens staying in the U.S. for fewer than 30 days
- American Indians born in Canada with at least 50% American Indian ancestry (per 8 USC §1359)
- Crew members, certain refugees, temporary residents, and individuals departing voluntarily without removal proceedings
- Holders of specific DHS-issued forms (e.g., I-95, I-181, I-184, I-185, I-186, I-221, I-551, I-590, I-687, I-691, I-698, I-700, I-766, I-817, I-862, I-863)
Acceptable Proof of Registration
Acceptable documentation includes:
- USCIS Proof of G-325R Registration Notice
- Form I-94 (Arrival/Departure Record)
- Form I-551 (Permanent Resident Card)
- Form I-766 (Employment Authorization Document)
- Border Crossing Card
- Notice to Appear (NTA)
Individuals should carry proof of registration at all times to demonstrate compliance with federal law.
Step-by-Step Registration Process
The registration process is now fully digital and managed through USCIS’s online system:
- Create a USCIS Online Account
Each registrant must have a separate account at my.uscis.gov. Parents or guardians may create accounts for children under 14. - Submit Form G-325R Online
Complete and file the form electronically through the USCIS account. Paper submissions are not accepted. - Information Required
The form collects extensive personal and background information, including full legal name, five-year address history, immigration record, biographic details, family information, and any criminal history. - USCIS Review and Notification
USCIS will verify records and notify individuals if they are already registered. - Biometrics Appointment (If Required)
USCIS may schedule an appointment at an Application Support Center (ASC) for fingerprinting, photos, and signature collection. Fingerprinting is typically waived for minors under 14 and short-term Canadian visitors. - Receive Proof of Registration
Once approved, a Proof of G-325R Registration Notice will be posted in the applicant’s USCIS account for download and printing.
Registration Deadlines and Address Updates
There is no fixed registration deadline, but any immigrant staying in the U.S. longer than 30 days must register. Noncitizen children must register within 30 days of turning 14.
If you change your address, you must update USCIS within 10 days. Failing to do so can lead to a fine of up to $5,000, 30 days of imprisonment, or removal proceedings.
Protecting Your Registration Documents
Given the new enforcement environment, immigrants are strongly encouraged to keep their registration documents accessible at all times, particularly during travel or encounters with law enforcement.
Legal Guidance and Next Steps
Because this revived policy carries serious implications, it is vital to consult a qualified immigration attorney before taking any steps related to registration. An immigration attorney at Green Card Link can:
- Evaluate your immigration status and eligibility
- Determine whether you are already registered or exempt
- Explain the potential legal consequences of non-compliance
- Guide you through the online registration process safely
How Green Card Link Can Help
If you are uncertain about your registration requirements or have questions about compliance under the Smith Act revival, the immigration attorneys at Green Card Link are ready to assist. Our experienced team can help analyze your situation, ensure that your documentation is accurate, and protect your rights under U.S. immigration law.
Schedule a consultation today with an immigration attorney at Green Card Link to receive tailored legal advice and representation.