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.)

Contact: 732-632-9888, http://www.1visa1.com/

Showing posts with label removal. Show all posts
Showing posts with label removal. Show all posts

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.)  


Sunday, December 22, 2019

USCIS Amends Policy on TPS Parole Status

USCIS is amending its Policy Manual regarding Temporary Protected Status (TPS) on 12/20/2019.  The agency confirms that the U.S. may not remove TPS beneficiaries from the U.S. by law.  USCIS also issues advance parole travel document to them after approving their requests to travel abroad.  

However, USCIS takes the position that, although TPS beneficiaries may travel and return using parole documents, they resume their pre-departure status after their return to the U.S.  For example, if a person was subject to an order of removal from the U.S. previously, the person's departure and return based on TPS parole is not an execution of the removal order. In this situation, the person will remain subject to the order of removal. 

The new policy also affects TPS beneficiaries' ability to apply for adjustment of status.  To be eligible for adjustment of status, an applicant must establish that he/she has been inspected and admitted or paroled by an immigrant officer.  Some courts have held that TPS beneficiaries are considered to have been inspected and/or paroled, especially after they have returned using advance parole documents.  Under this new policy, USCIS would not approve TPS  parolee's adjustment applicant unless he/she was previously inspected and admitted or paroled into the United States.