On January 20, 2025, President Trump signed Executive Order 14159, titled Protecting the American People Against Invasion, which directed the Department of Homeland Security (DHS) to strengthen the enforcement of the alien registration requirement under Section 262 of the Immigration and Nationality Act (INA). This order emphasizes the importance of ensuring that all non-citizens (aliens) in the United States comply with the registration requirement, with both civil and criminal penalties for non-compliance.
What Is the Alien Registration Requirement?
Under the INA, aliens aged 14 or older who are in the United States for 30 days or more and who were not registered or fingerprinted (if required) during their visa application or admission process must apply for registration. Additionally, the parents or legal guardians of aliens under the age of 14 must ensure that these minors are registered. Once an alien reaches 14 years of age, they must apply for re-registration and fingerprinting within 30 days of their 14th birthday.
The registration process involves submitting specific forms and attending a biometric services appointment if required. After registration, aliens aged 18 or older must carry their registration documentation with them at all times.
Who Must Register?
The registration requirement applies to the following:
- Aliens 14 years of age or older who were not registered or fingerprinted during their visa application and are in the U.S. for 30 days or more.
- Parents or legal guardians of aliens under 14 years of age who remain in the U.S. for 30 days or more.
- Any alien who turns 14 while in the U.S. must register within 30 days of their 14th birthday.
Certain exceptions apply, such as American Indians born in Canada or members of certain Native American tribes, who are not required to register.
Who Is Already Registered?
Some individuals are already in compliance with the registration requirement, including:
- Lawful Permanent Residents (LPRs)
- Aliens admitted under a nonimmigrant visa or issued an I-94/I-94W form
- Aliens with certain employment authorization documents (EADs)
- Aliens in removal proceedings or those who have applied for lawful permanent residence
If you have received any of the designated documents as evidence of registration or were issued a Form I-94, you may already be in compliance.
How to Register:
- Create a USCIS Online Account: Before beginning the registration process, create a USCIS online account. Each alien requiring registration must have their own account. For minors, parents or legal guardians must create an account on their behalf.
- Submit Form G-325R (Biographic Information – Registration): After creating your online account, complete Form G-325R electronically. This form must be submitted through the USCIS online system and cannot be filed by mail or in person. The form gathers biographic information to determine your eligibility for registration.
- Biometrics Appointment (if applicable): If biometrics are required, USCIS will schedule an appointment at a local Application Support Center (ASC). Failure to attend this appointment may result in legal penalties.
- Receive Registration Documentation: After processing your registration, you will receive proof of registration. If biometrics were required, this will be completed during your appointment. Upon successful registration, a notice will be sent to your USCIS online account.
Consequences of Non-Compliance
Failure to comply with the alien registration requirement may result in both criminal and civil penalties, including:
- Misdemeanor prosecution
- Fines up to $5,000
- Imprisonment for up to six months for willful failure to register
- Fines up to $5,000 or imprisonment for up to 30 days for individuals aged 18 or older who fail to carry proof of registration
What Happens After Registration?
Once registered, aliens aged 18 and older must carry proof of their registration at all times. Not carrying this documentation can result in additional penalties. It is also essential to notify USCIS within 10 days of any change of address, as failure to update your address could lead to fines or deportation.
Legal Protections and Avoiding Immigration Scams
The registration process itself does not grant immigration status or any other benefits under U.S. law. It is an administrative requirement only. When seeking legal advice or assistance, ensure that you are working with authorized individuals. Only accredited representatives or attorneys associated with a Department of Justice-recognized organization can provide legal counsel.
To check your registration status, foreign nationals can follow these steps:
- Review Documents: Check any documents received from USCIS or DHS, such as:
- Alien Registration Receipt Card (Form I-551)
- Employment Authorization Document (EAD) (Form I-766)
- I-94 Arrival/Departure Record (for non-immigrants)
- Any registration form or receipt issued by USCIS
- Visit the USCIS Website: Check your status by visiting your USCIS online account at USCIS Case Status Online. Enter your receipt number to view your registration status.
- Check for Biometrics Appointment: If you submitted Form G-325R, look for a notice about your biometrics appointment at an ASC. If you’ve received this notice, the registration process has been initiated.
- Contact USCIS: If you’re unsure of your registration status, call USCIS customer service at 1-800-375-5283 for assistance. They can guide you on how to verify your registration.
- I-94 Check: If you entered the U.S. by air, sea, or land, verify your I-94 status. You can access and print your I-94 from the CBP website, which may serve as proof of registration.
If you have not received proof of registration, you may need to submit the necessary forms (e.g., Form G-325R) to begin the registration process.
ConclusionThe alien registration requirement is a vital aspect of U.S. immigration law, and it is essential for all non-citizens to understand and comply with these regulations. By following the correct registration procedures and submitting the necessary documents, aliens can avoid penalties and legal complications. For questions or assistance, please contact our firm at www.shglawpa.com.
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