What is the Alien Registration Requirement?

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The registration requirement and associated penalties for violating it are not new. The

Alien Registration Act of 1940 generally required all noncitizens present in the United

States longer than 30 days to register and be fingerprinted.  What is new is the mechanism for registration and enforcement.  A recently published Interim Final Rule (“IFR”) requires non-U.S. citizens residing in the United States to register with DHS, providing personal information such as fingerprints and home addresses. The initiatives purported goals are to enhance national security and ensure compliance with U.S. immigration laws.  Under existing immigration law, with limited exceptions, all noncitizens aged 14 and older who were not fingerprinted or registered 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. Additionally, parents and guardians are responsible for registering children under 14. Once a child reaches their 14th birthday, they must apply for re-registration and fingerprinting within 30 days.

 

Who is already considered to be registered?

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Those who submitted one of the forms listed on 8 CFR 264.1(a), including Green Card holders, visa holders, parolees, employment authorization recipients, and individuals in removal proceedings, are already registered. 8 CFR 264.1(b) provides a list of documents designated as evidence of registration.

Who is required to register?

The registration requirement applies to:

• Individuals aged 14 and older: Non-U.S. citizens 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 expiration of the 30 days.

• Children under 14: Parents or legal guardians must register their children who were not registered upon visa application and who will remain in the U.S. for 30 days or longer must register before the expiration of the 30 days.

• Previously registered children turning 14: They must re-register and provide fingerprints within 30 days after their 14th birthday.

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Who is Not Registered?

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The IFR provides a registration mechanism for noncitizens who previously had no way to comply with the registration requirements.  Specifically, registration is aimed at capturing information about noncitizens who had no previous contact with Federal authorities:

• Unauthorized immigrants who have not been deemed registered—including anyone who entered the United States without inspection and has not had any contact with the federal government

• Canadians who entered at a land port and were not issued evidence of registration

How To Register:

The IFR creates a new mechanism (Form G-325R) by which noncitizens who previously had no way of registering are able to comply with the requirement.  Noncitizens required to register using Form G-325R must submit it electronically to USCIS using their own unique myUSCIS.gov account.

Submission of Form G-325R in myUSCIS initiates the process for the noncitizen’s Biometrics Services Appointment at a USCIS Application Support Center (ASC).  USCIS will contact the registrant regarding the biometrics services appointment and the collection of biometrics, including fingerprints, photograph and signature. USCIS uses this information for purposes of identity verification, and background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI).  USCIS sends an appointment notice with the date, time and location of the registrant’s biometric services appointment.

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Is there a cost associated with registration?

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There is no fee for submitting the form. However, willful non-compliance can lead to significant penalties, including a misdemeanor conviction, civil fines of up to $5,000 or imprisonment of up to 6 months, and potential immigration consequences.

 

Important Note

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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.