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Event, News by admin Apr 16, 2025
New USCIS guidelines have sparked confusion among Indian visa holders
The recent guidelines on registration for those on visas in the US, which were recently announced by the US Citizenship and Immigration Services, have been causing a lot of fear and apprehension among Indians.
However, the new rules largely apply to those aliens who are in the US but don’t have legal status, and most non-resident Indians, who are working or studying in the US, or those visiting, will not be impacted.
“There is a great deal of confusion surrounding the registration requirements that kicked in from April 11, 2025, and particularly about who should re-register and who need not. We are receiving a lot of calls surrounding this issue from visa holders as well as green card holders,” Shilpa Gokare, owner and managing partner at Gokare Law Firm, which handles business immigration cases and has offices in the USA and India, told the Times of India. The G-325R requirements for visa holders are new, while the I-90 requirements, for green card holders who turn 14, have always been in place, she added. The G-325R is a new form introduced by the USCIS, for biometric information registration online; by which unregistered aliens may register and comply with the law. Form I-90 is the application process used by lawful permanent residents in the US to apply for replacement or renewal of existing green cards.
“All those Indians who have an I-94 are already considered registered, including children under 14 years of age. However, once children on the visa categories of H-4, L-2, TD, R-2 and B-2 turn 14 years of age, then they must once again apply for re-registration within 30 days of turning 14 and get finger-printed,” Gokare said. She added that the process to register is to E-file Form G-325R. “Children who turn 14 years of age must create their own USCIS account and submit Form G-325R.”
H-4 and L-2 are for dependents of H-1B and L-1 work permit visa holders; TD is a trade dependent visa; R-2 visa is for dependents of religious workers on R-1, and B-2 is for temporary visitors to the US.
The I-94, officially the ‘arrival/departure record’, is a document issued by the US Department of Homeland Security (DHS) that records a visitor’s arrival and departure from the United States. It serves as proof of legal entry and specifies the permitted length of stay. In most cases, it’s an electronic travel record maintained by the US Customs and Border Protection (CBP); though in some situations paper I-94s are also issued.
The I-94 record is very important for non-immigrant visa categories including F-1 students; H-1B work permit holders and B-1/B-2 visitors. It provides proof of legal entry, status and duration of stay, and can be accessed at the CBP website at WWW.CBP.GOV/I94.
Requirements for green card holders on legal permanent resident status are different from non-immigrant visa categories. “All green card holders under 14 years of age must file a form I-90 within 30 days of their 14th birthday to notify USCIS that they have turned 14,” Gokare said. Filing fees will depend on when their current green card expires. If their green card expires after their 16th birthday then there will be no filing fees. “If the current green card expires before their 16th birthday, then the filing fees shall apply along with the submission of the I-90,” Gokare said.
Source: timesofindia
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