IMMIGRATION NEWS
On Jan. 20, 2025, President Trump issued Executive Order 14159, Protecting the American People Against Invasion, which directed the Department of Homeland Security to ensure that aliens comply with their duty to register with the government under section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302), and ensure that failure to comply with the registration requirement is treated as a civil and criminal enforcement priority.
The INA requires that, with limited exceptions, all aliens 14 years of age or older who were not registered and fingerprinted (if required) when applying for a U.S. visa and who remain in the United States for 30 days or longer, must apply for registration and fingerprinting. Similarly, parents and legal guardians of aliens below the age of 14 must ensure that those aliens are registered. Within 30 days of reaching his or her 14th birthday, all previously registered aliens must apply for re-registration and to be fingerprinted.
Once an alien has registered and appeared for fingerprinting (unless waived), DHS will issue evidence of registration, which aliens over the age of 18 must carry and keep in their personal possession at all times.
It is the legal obligation of all unregistered aliens (or previously registered aliens who turn 14 years old) who are in the United States for 30 days or longer to comply with these requirements. Failure to comply may result in criminal and civil penalties, up to and including misdemeanor prosecution, the imposition of fines, and incarceration.
Many aliens in the United States have already registered, as required by law. However, a significant number of aliens present in the United States have had no direct way to register and meet their obligation under INA 262. USCIS has established a new form, G-325R, Biographic Information (Registration), and an online process by which unregistered aliens may register and comply with the law as required by the INA.
Registration is not an immigration status, and registration documentation does not create an immigration status, establish employment authorization, or provide any other right or benefit under the INA or any other U.S. law.
The Alien Registration Requirement (ARR) Determination Tool will help you determine if you need to register. If you do not comply with the ARR, you may face criminal penalties. https://www.uscis.gov/alienregistration
How to Determine if You are Already Registered
Who is already registered?
Anyone who has been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b) has already registered. Also, anyone who submitted one of the forms designated at 8 CFR 264.1(a) and provided fingerprints (unless waived) and was not issued one of the pieces of evidence designated at 8 CFR 264.1(b), has complied with the registration requirement of INA 262. Aliens who have already registered include:
- Lawful permanent residents;
- Aliens paroled into the United States under INA 212(d)(5), even if the period of parole has expired;
- Aliens admitted to the United States as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired;
- All aliens present in the United States who were issued immigrant or nonimmigrant visas before their last date of arrival;
- Aliens whom DHS has placed into removal proceedings;
- Aliens issued an employment authorization document;
- Aliens who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, and provided fingerprints (unless waived), even if the applications were denied; and
- Aliens issued Border Crossing Cards.
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).
- All aliens 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. The parents or legal guardians of aliens less than 14 years of age: Parents or legal guardians must apply for the registration of aliens 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; and
- Any alien, whether previously registered or not, who turns 14 years old in the United States, within 30 days after their 14th birthday.
Note: American Indians born in Canada who entered the United States under section 289 of the INA, and members of the Kickapoo Traditional Tribe of Texas who entered the United States under the Texas Band of Kickapoo Act, are not required to register.
How to set up the MYUSCIS account
In order to file electronically, you need to set up an account with USCIS. Go to My.USCIS.gov. The process is really easy and only takes a couple of minutes. Here is a link to a short video describing how to set up your account along with the steps: https://www.youtube.com/watch?v=c_5YDNyMJ30
Go to “Create an account” You are considered an “Applicant.”
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