Immigration Registration - Are you Required to Register?

As you may know the President recently re-implemented a little known, and unused provision of the Immigration and Nationality Act — alien registration. Understanding whether you’re already registered and the steps you need to take if you're not is crucial for compliance with U.S. immigration laws.

1. Are You Already Registered?

The first step in this process is determining if you’re already registered. According to U.S. law, anyone who has been issued certain documents or who has submitted specific forms and fingerprints (unless waived) has fulfilled their registration requirement. Here’s a quick checklist to see if you fall into the category of those already registered:

• Lawful Permanent Residents: If you hold a green card, you're registered.
• Aliens with U.S. Parole: Anyone paroled into the U.S., even if their parole has expired, is considered registered.
• Nonimmigrants with Forms I-94 or I-94W: If you were admitted as a nonimmigrant and issued these forms, even if your admission period has expired, you’re registered.
• Visa Holders: Those who entered the U.S. with an immigrant or nonimmigrant visa prior to their last arrival date.
• Aliens in Removal Proceedings: You’re registered if placed in deportation proceedings.
• Employment Authorization Holders: Issuance of an employment authorization document means you’re registered.
• Applicants for Lawful Permanent Residence: Even if your application was denied, if you used specific forms with provided fingerprints, you're already registered.
• Holders of Border Crossing Cards.

If you don’t meet any of these criteria, you may not be registered.

Who is not registered?

Anyone who has not applied to the Department of State for a visa, been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b), or has not submitted one of the forms designated at 8 CFR 264.1(a) and provided fingerprints (unless waived) is not registered. Aliens who have not registered include:

• Aliens present in the United States without inspection and admission or inspection and parole who have not otherwise registered (that is, aliens who crossed the border illegally);
• Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration; and
• Aliens who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for deferred action or Temporary Protected Status who were not issued evidence of registration listed in 8 CFR 264.1(b).

1. Who Needs to Register?

If you find yourself not registered according to the above list, you are required to do so. This includes:

• Aliens over 14: All non-citizens 14 years of age or older who were not registered and fingerprinted (if required) when applying for a visa to enter the United States and who remain in the United States for 30 days or longer. They must apply before the expiration of those 30 days.
• Parents/Guardians of Minors: Parents or legal guardians must apply for the registration of non-citizens less than 14 years of age who have not been registered and remain in the United States for 30 days or longer, before the expiration of those 30 days
• 14-Year-Olds:  Any non-citizen, whether previously registered or not, who turns 14 years old in the United States, within 30 days after their 14th birthday.

Exceptions apply to certain Native Americans from Canada and members of the Kickapoo Traditional Tribe of Texas.

1. How to Register

The registration process is straightforward but must be followed precisely:

1. Create a USCIS Online Account: Essential for submitting your registration (Form G-325R).
2. Submit Form G-325R: Fill it out via your USCIS online account. Remember, each person, including children, needs a separate account.
3. Await USCIS Review: They’ll check your submitted information and past records.
4. Biometrics Appointment: If needed, USCIS will schedule this. Failure to attend may result in penalties.
5. Receive Registration Documentation: You’ll get proof of registration through your USCIS account.

1. Key Compliance Tips

• Carry Your Registration: If you’re 18 or older, always have your registration proof with you.
• Update Your Address: Notify USCIS of any address changes within 10 days to avoid penalties.
• Avoid Scams: Ensure any legal advice comes from authorized representatives.

Understanding Legal Authority and Penalties

The Immigration and Nationality Act (INA) mandates this registration. Willful failure to register can lead to fines or imprisonment. Keeping your records updated with USCIS is not only a legal obligation but also essential to maintaining good standing in the U.S.

For further details or assistance, don't hesitate to contact our office. We're here to ensure your immigration journey is seamless and compliant with all legal requirements. Stay informed, stay compliant, and as always, feel free to reach out with any questions or concerns.  If you are concerned about the criminal aspects, please consult a criminal law attorney.

Please remember, as always, this blog does not offer legal advice. If you need legal advice, consult with a lawyer instead of a blog. Thank you.