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Kathleen Campbell Walker, Chair, Immigration Practice Group, Dickinson Wright PLLC

Immigration Status: New Challenges in Work, Travel, and Showing Your Papers



By Kathleen Campbell Walker
Chair, Immigration Practice Group
Dickinson Wright PLLC


See all this Month's Articles

Original Publish Date: May 6, 2025

Employers of foreign nationals are facing several additional risks, including potential disruptions in the workforce due to changes imposed by the new administration. One of the potential changes not yet publicly announced would affect the ability of certain foreign nationals to return to the United States (U.S.) after traveling abroad. The other changes affect the existing employment eligibility of certain foreign nationals issued an employment authorization document (EAD) and the existing requirement of foreign nationals to possess (meaning carry on your person like a driver’s license) a qualifying registration certificate to document their immigration status.

Registration

As a part of the administration’s focus on immigration enforcement, on April 11, the U.S. Department of Homeland Security (DHS) will increase its enforcement of updated registration requirements for foreign nationals present in the U.S., including legal permanent residents. Back in 1940, Congress passed the Alien Registration Act (also known as the Smith Act) to identify and remove political insurgents. This Act established a requirement for virtually all foreign nationals to register with the federal government and be fingerprinted. The Smith Act applied to those seeking to enter the U.S. and to those already present in the U.S. Those in the U.S. for thirty (30) days or longer were required to register and be fingerprinted at the local post office. They were also required to report any change of address within five (5) days of the change. Failure to register could be punished by fines, imprisonment, or both. After World War II, the registration process was merged into the immigration agency’s procedures. For example, at the time of entry, the foreign national would be issued an I-94 admission record, and lawful permanent residents would be issued I-151 cards (later known as “green cards”). Canadians were not required to register or obtain a visa if they visited the U.S. for less than six months.

With the new focus on enforcement of the registration requirements by the current administration, it provides local law enforcement (when directed to assist in federal criminal immigration law compliance) a mechanism to make an arrest based on the failure of the foreign national to possess appropriate registration documents. For that matter, arrests can also be made for a failure to update DHS in a timely manner within ten (10) days of a change of address in the U.S.1 In addition, the failure to notify DHS timely of a change of address can subject the foreign national to removal from the U.S. Undocumented foreign nationals (e.g., Those who entered the U.S. without inspection, admission, and/or parole) may complete a new G-325R registration form online to submit via an individual MyUSCIS online account they create.2 The potential likelihood that they will register is another issue entirely. The new G-325R requires a substantial amount of personal information, including family names and address information, for the past five years.3

What populations of foreign nationals will most likely be subject to this new online registration process?

What are the penalties for failure to register, carry registration documents, or provide a change of address in a timely manner? Note that only those eighteen (18) years of age or older are required to carry/possess their registration documents while in the U.S. In addition, only those foreign nationals fourteen (14) years of age or older are required to register.

Offense: Willful failure or refusal to register
Fine: Up to $5,000.00
Imprisonment/Removal: Imprisonment up to six (6) months or both

Offense: Willful failure to provide change of address notice timely
Fine: Up to $5,000.00
Imprisonment/Removal: Imprisonment up to thirty (30) days or both, and removal from the U.S., if failure not reasonably excusable or was not willful

Offense: Failure to carry and have in personal possession at all times, if 18 years of age or older, a certificate of alien registration or alien registration receipt
Fine: Up to $5,000.00
Imprisonment/Removal: Imprisonment up to thirty (30) days or both

What are the most common types of qualifying registration certificates?

While the regulations require personal possession of these registration certificates, of course, foreign nationals will have to assess the timing of possession when in public. In addition, the burden of carrying such important documents in the original form must also be assessed. Please consider the authority of Customs and Border Protection (CBP) officers to inspect and even download information on electronic devices.5 CBP officers may always request original documents.

Travel Ban

News outlets reported that the Department of State (DOS) provided an initial draft of a travel ban affecting 43 countries categorized in three color-denominated tiers.6 This proposal is now on a long pause for considered implementation.

All Travel Banned (11 countries) (Red Tier)

Visas Restricted (10 countries) (Orange Tier)

60 days to Review Concerns (22 countries) (Yellow Tier)

The most stringent level of control, the Red Tier, would have allegedly imposed a complete ban on travel to the U.S. for citizens of 11 countries. In previous travel bans issued by the first Trump administration, dual nationals using a passport from a non-restricted country were allowed entry. The 10 countries listed in the Orange Tier would have supposedly faced mandatory in-person visa interviews and possibly travel restrictions for their nationals, including those on immigrant and tourist visas. Apparently, nationals from Yellow Tier countries could have received a 60-day reprieve before a final determination is made on whether they will be moved to the Orange or Red Tiers, or possibly be removed from the list altogether. The prior 2017 travel ban did have several exceptions, including for permanent residents of the U.S., and case-by-case waivers were also considered. Again, at the present, the Travel Ban appears to be off the table.

To Travel or Not and with what Documents?

Consider the Checklist Suggestions Below as to Travel Domestically v. Internationally for Foreign Nationals

  1. TRAVEL – INTERNATIONALLY
    1. Valid Passport
    2. Valid Visa and I-94 record, when applicable. https://i94.cbp.dhs.gov/home Note that normally when you apply for admission to the U.S., you will be issued a new admission record by U.S. Customs and Border Protection (CBP). When an I-94 is issued at a land border, it is valid for multiple entries during its duration. When an I-94 is issued due to an airport admission, then the I-94 is valid for a single entry unless otherwise designated for multiple entries.
    3. Valid I-797 USCIS approval notice if subject to an extension or change of status approval. Note the bottom of the form may include your I-94 admission record.
    4. Current employment verification letter from employer confirming authorized work title, location, and period of employment with employer.
    5. Advise the employer contact about the return date and port of entry. A U.S. Customs and Border Protection officer may need to speak with the employer to confirm information about the employment. If you are applying for a new visa at a U.S. consular post abroad, again, a consular officer may call or email the company contact to confirm information. The consular officer will rely on the contact information included on the DS-160 form to electronically submit to the consular post to apply for the visa.
    6. Be aware that if you fail to report a change of address within ten days of the address change, it is a Class B misdemeanor and a ground for removal (deportation) from the U.S.
    7. Always tell the truth to a CBP or consular official.
    8. If you have been arrested, that information may result in a refusal of a visa or entry to the U.S., depending on the circumstances.
    9. When you are at a port of entry, if the CBP officer is questioning your eligibility for admission to the U.S. and appears to be making a decision not to admit you to the U.S., remember to request withdrawal of admission to obtain whatever information the CBP officer may need. It is possible to be “removed” from the U.S. for five years if a CBP officer determines that you have made a material representation regarding your request for admission or if they believe you do not have the appropriate type of visa to live or work, or visit the U.S. The CBP officer will have access to data regarding criminal offenses, visa applications, social media, applications/petitions filed with USCIS, etc. Any prior overstay of a period of admission to the U.S. can void a visa and be an issue to address for admission to the U.S. or an application for a visa at a U.S. consular post.
    10. Remember that social media postings are being reviewed by CBP, the Department of State, and U.S. Citizenship and Immigration Services (USCIS). Posts that may compromise a “compelling foreign policy interest” are being reviewed intensively.
    11. Consider your privacy and data security when traveling. Please see here and here. CBP is reviewing social media data and postings to assess activities and determine a reasonable ground to believe they would have potentially serious adverse consequences for foreign policy.
  2. TRAVEL – DOMESTICALLY
    1. Due to the enforcement of the registration rules, it is critical that foreign nationals “carry” their qualifying registration documents while in the U.S. Failure to carry your documents is a Class B federal misdemeanor ($5,000.00 fine/30 days jail). This requirement applies to those 18 years of age or older.
    2. Usually, the registration requirement will be satisfied by a valid I-94, which is downloaded from the CBP website, or your valid visa issued at a U.S. consular post. The other typical option for legal permanent residents is, of course, your legal permanent resident card (green card).
    3. For minors, there is a re-registration requirement for those in the U.S. within 30 days of when they turn 14.
    4. A separate requirement is the ability to prove your lawful status in the U.S. This requirement is normally satisfied with your registration documents, but be aware of additional considerations if you have a pending extension application, for example, with USCIS and your I-94 expiring.
    5. Remember that any request for admission to the U.S. allows a CBP officer to review your nonimmigrant visa status or legal permanent resident status.
    6. It is possible to be determined to be inadmissible to the U.S., to have your visa revoked, or to lose permanent residence based on criminal arrests.
    7. A failure to file a change of address (Form AR-11) with USCIS within ten days of an address change in the U.S. can result in deportation, a fine (up to $5,000.00), and up to 30 days in jail. It is preferable for each individual to file the change of address using a MyUSCIS account online.
    8. Remember that any request for admission to the U.S. allows a CBP officer to review your nonimmigrant visa status or legal permanent resident status.
    9. It is possible to be determined to be inadmissible to the U.S., to have your visa revoked, or to lose permanent residence based on criminal arrests.
    10. A failure to file a change of address AR-11 with USCIS within ten days of an address change in the U.S. can result in deportation, a fine (up to $5,000.00), and up to 30 days in jail.

About the Author: Kathleen Campbell Walker is chair of the Immigration Practice Group at Dickinson Wright PLLC. She is also a national past president and general counsel of the American Immigration Lawyers Association (AILA), and an emeritus member of its Board of Governors.Internationally recognized as a leading authority in immigration law & policy and renowned for her extensive experience, Kathleen has testified before Congress six times. For her clients, Kathleen excels as a strategist in navigating complex immigration issues, offering solutions across diverse areas, including business immigration, compliance, audits, cross-border challenges, admissions, waivers, worksite enforcement, and consular processing. She can be reached at kwalker@dickinsonwright.com.

1See https://www.uscis.gov/addresschange.
2See https://www.uscis.gov/alienregistration. Note that all foreign nationals fourteen (14) years of age or older who were not registered and fingerprinted (when required) when applying for a visa and who remain in the U.S. for thirty (30) days or longer, must apply for registration and fingerprinting.
3See https://omb.report/icr/202502-1615-014/doc/153035300.
4See https://i94.cbp.dhs.gov/home.
5See https://www.cbp.gov/travel/cbp-search-authority/border-search-electronic-devices.
6See https://www.nytimes.com/2025/03/14/us/politics/trump-travel-ban.html.