A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration lawyer. We serve clients in all U.S. states and overseas countries. (All information is not legal advice and is subject to change without prior notice.)

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Showing posts with label alien registration. Show all posts
Showing posts with label alien registration. Show all posts

Thursday, March 13, 2025

Details of the New Alien Registration Requirement

 

On March 12, 2025, the U.S. Department of Homeland Security (DHS) published an Interim Final Rule (IFR) regarding the new alien registration requirement recently announced. This new rule will take effect 30 days after receiving public comments.

Registration Requirements

The new rule requires all non-citizens aged 14 years or older who were not registered and fingerprinted (if required) when applying for a U.S. visa to apply for registration and fingerprinting. If a person is under the age of 14, it is the responsibility of their parents or legal guardians to ensure they are registered. Within 30 days of reaching their 14th birthday, previously registered individuals must apply for re-registration and provide fingerprints.

A person must provide personal information, including their address and fingerprints, during the registration process. Additionally, if a foreign national has changed their address, they must file a written report of the change with USCIS within 10 days of the change.

Potential Penalties for Non-Compliance

Willful failure to register, provide fingerprints, or provide fraudulent information is a misdemeanor. The offender may be punished with fines up to $1,000, imprisonment for up to six months, or both. Parents and legal guardians are liable for violations committed by their children. Individuals who fail to provide written notice of a change of address are subject to fines of up to $1,000, imprisonment for up to six months, or both. Willful failure to report an address change may also lead to deportation. The unlawful and willful use of counterfeit documents can result in fines of up to $5,000, imprisonment for up to five years, or both.

Who Needs to Register and Provide Fingerprints?

All non-citizens aged 14 or older who remain in the United States for 30 days or longer must register with the U.S. government. Visitors, including Canadians who travel into the U.S. and do not receive a Form I-94, must register if they stay for 30 days or longer. Canadians entering the U.S. for short visits of less than 30 days do not need to register.

Exemptions from Registration

Individuals who have been issued U.S. visas and who have already been registered and fingerprinted through their visa application do not need to register. Holders of A or G visas are also exempt. American Indians born in Canada, who possess at least 50% Native American blood and are present in the U.S. under the authority of 8 USC 1359, are also exempt.

Note: If a green card holder is outside the U.S. when they turn 14, the individual must apply for registration and provide a photograph within 30 days of returning to the U.S.

How to Register

Non-citizens can file Form G-325R, Biographic Information (Registration), online by creating a MyUSCIS account. After submitting Form G-325R, a Biometrics Services Appointment will be scheduled at a USCIS Application Support Center. Once registration is complete, the individual will be able to download and print proof of registration, which they are required to carry with them at all times.

Failure to Carry Proof of Registration

Non-citizens aged 18 years or older must carry proof of their registration and fingerprinting at all times. Failure to do so could result in a misdemeanor punishable by fines, imprisonment, or both. Evidence of registration includes the following documents: Form I-551 (U.S. Green Card), Form I-94 (Arrival-Departure Record), Form I-95 (Crewmen’s Landing Permit), Form I-184 (Alien Crewman Landing Permit and Identification Card), Form I-185 (Nonresident Alien Canadian Border Crossing Card), Form I-186 (Nonresident Alien Mexican Border Crossing Card), Form I-221 (Order to Show Cause and Notice of Hearing), Form I-221S (Order to Show Cause, Notice of Hearing, and Warrant of Arrest of Aliens), Form I-766 (Employment Authorization Document), Form I-862 (Notice to Appear), Form I-863 (Notice of Referral to Immigration Judge), valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport, and proof of registration upon submission of Form G-325R and completion of biometrics.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  


Wednesday, March 12, 2025

New Alien Registration Requirement



 

To implement President Trump's January 20, 2025 Protecting the American People Against Invasion executive order, the U.S. Citizenship and Immigration Services (USCIS)  recently introduced a new requirement for noncitizens in the United States: they must register their personal information such as fingerprints and address with the U.S. government. The reporting requirement is based on Section 262 of the Immigrant and Nationality Act. 

Who is subject to the registration requirements?

All non-U.S. citizens over the age of 14 who were not fingerprinted or registered when applying for a U.S. visa and who plan to stay in the United States for 30 days or longer must register before the end of the 30 days.  Parents or legal guardians must register for their children under the age of 14.  Children who have previously registered must re-register and provide fingerprints within 30 days after their 14th birthday.

However, for individuals who are legally present in the U.S., they should have already registered. These individuals include: Green Card holders, visa holders, parolees, employment authorization recipients, and individuals in removal proceedings. 

Who is likely not registered?

The USCIS announcement specifically singles out the following groups of individuals as not having registered yet:  

  • Those who entered the U.S. without inspection
  • Canadians who entered at a land port and were not issued evidence of registration
  • Those who applied for newer immigration benefits (e.g., DACA and TPS)

How to register?

The announcement states that an Interim Final Regulation will be published to provide more details about the registration requirement and process.  Foreign nationals are supposed to create a MyUSCIS account on USCIS website to register using the G-325R as early as February 26, 2025 to get ready for registration.  The is no cost for registration.

Different address reporting requirement

Non-citizens should not confuse the new requirement with the address reporting requirement.  Under INA Section 265(a), all non-citizens (including permanent residents) must report their new address in writing to the Department of Homeland Security within 10 days of change.  They may do so by completing the AR-11 form or through their MyUSCIS account.  This is a separate reporting requirement. Willful failure to comply can be a ground for deportation. 

Summary

The new registration requirements is another way for the Trump Administration to strictly enforce immigration laws. Registration does not confer any legal status or employment authorization.  It is unclear what the penalties are for non-compliance.  According to INA 266, willful non-compliance can lead to significant penalties, including misdemeanor conviction, civil fines of up to $1,000 or imprisonment of up to 6 months, and potential immigration consequences.


(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)