The new Registration Requirement by the US Citizenship and Immigration Service (USCIS) requires that immigrants and non-U.S. citizens living in the US must register with the Department of Homeland Security (DHS).
What Does Registration Mean?
Registration here means that non-U.S. citizens living in America should provide their personal information and address on a USCIS online account, and later have their fingerprints taken, if necessary. Certain visitors to the US need to register too. Registration is a requirement under section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302).
Who Needs to Register?
- People aged 14 and older who entered with a visa but did not have their fingerprints taken during their visa process and who will remain in the US for 30 days or more. They must register within the 30-day period.
- Children under 14 who entered with a visa and did not have their fingerprints taken during their visa process and who will remain in the US for 30 days or more. Their Parents or legal guardians must register them within the 30-day period.
- Children who previously registered before age 14: These children must re-register within 30 days after turning 14 years of age.
- Non-U.S. citizens and their children who entered the U.S. without inspection or permission and have not had any contact with immigration. Examples would be people who have never filed any immigration applications at all.
Filing A change of Address
All non-citizens who have registered are required to file a change of address within 10 days after they move.
How To Register
A person can register by completing the registration form G-325R Biometric Information at the USCIS website in a myUSCIS account. At the time of publishing, there is no fee for registration. Please note that Registration does not provide any immigration benefits or work authorization.
What are the risks of registration?
A risk of registration is that if the DHS knows that a person is not in the country legally, it is possible that this information can be used for immigration enforcement purposes.
What happens if I don’t register?
The DHS says that there are immigration and criminal penalties for not registering. At present, it is unclear if failure to register will have a negative effect on future visa applications.
As a result, people must speak to both an immigration and criminal lawyer if they have questions about whether they should register, or the risks involved.
People Who Are Considered to have registered
- Lawful permanent residents;
- Non-citizens paroled into the US under INA 212(d)(5), even if the period of parole has expired;
- People admitted to the US as non-immigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired;
- All non-citizens present in the US who were issued immigrant or non-immigrant visas before their last date of arrival;
- Non-citizens in removal proceedings;
- People issued an employment authorization document (EAD) or work permit;
- Applicants for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, and who provided fingerprints (unless waived), even if the applications were denied; and
- Visitors issued Border Crossing Cards.
Proof of Registration
- I-94 Arrival-Departure Record
- I-485 Application for Status as a Permanent Resident and Form I-698 Application to Adjust Status from Temporary to Permanent Resident
- I-590 Registration for Classification as a Refugee
- I-551 Permanent Resident Card (“Green Card”)
- I-766 Employment Authorization Document (EAD)
- I-862 Notice to Appear and I-863 Notice of Referral to Immigration Judge
- I-185 Border Crossing Card and I-186 Border Crossing Card for citizens of Canada and Mexico
The registration process is new and may change frequently. At our law office, we will continue to monitor developments on this registration program.
This is information of a general nature and is not legal advice nor is it intended to replace specific legal advice about your particular situation.
Contact Us
If you have questions about your registration, please contact Law Offices of Doreen A Emenike (626) 256-8500. You may also book an appointment on our website www.emenikelaw.com
Thank you for reading this article.
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Related reading: How to respond to a USCIS Request For Evidence (RFE)
