Alien registration is an essential aspect of U.S. immigration law, established under a 1940 statute that mandates foreign nationals in the United States for 30 days or more to be registered, fingerprinted, and to carry proof of this registration. Although this law has historically seen lax enforcement, upcoming changes require all immigrants entering the U.S. without a visa to register with the federal government beginning April 11, 2025.
Who Needs to Register?
Alien registration is not limited to individuals with legal status. Many immigrants, including those without formal legal status, are already deemed registered. Immigrants who arrive in the U.S. and plan to stay for longer than 30 days must register before the end of that period. This includes:
- Canadians entering at land borders without Form I-94.
- Individuals who have entered without inspection and have yet to register.
- Children turning 14 years old in the U.S., who must register within 30 days of their birthday.
Parents or guardians must register children who will remain in the U.S. for 30 days or longer.
What About Undocumented Immigrants?
Immigrants without legal status who enter the U.S. without inspection are also required to register as non-citizens. Although the act of registering does not confer legal status, it can lead to detention and removal proceedings. It is crucial to consult with an immigration attorney before registering to understand the process, rights, and potential risks.
Keeping Registration Documents Safe
It is important to always carry registration documents.
Who is Considered Registered?
Certain individuals are already considered registered, including:
- Lawful permanent residents.
- Individuals paroled into the U.S. under INA 212(d)(5).
- Nonimmigrants issued Form I-94 or I-94W, even if the admission period has expired.
- Individuals present in the U.S. with immigrant or nonimmigrant visas before their last arrival.
- Those placed into removal proceedings by DHS.
- Holders of employment authorization documents.
Who is Exempt from Registration?
There are specific exemptions to the registration requirement, including:
- Visa holders who have already registered through their visa application.
- Individuals in the U.S. for less than 30 days.
- Certain American Indians were born in Canada.
How and Where to Register
To register, immigrants must complete and submit Form G-325R, Biometrics Information, through an online account at the USCIS website. The process involves several steps:
- Create an online USCIS account at my.uscis.gov.
- Complete and submit Form G-325R online.
- Attend a biometrics appointment at a USCIS Application Support Center and sign a statement under oath.
- Upon completion of background checks, receive a proof of alien registration document.
Form G-325R Requirements
The form requires the following information:
- Current legal name.
- Contact information.
- Physical address and address history for the past five years.
- Immigration history.
- Biographic information.
- Police/criminal record.
- Family information.
Acceptable Documents as Proof of Registration
The “proof of alien registration” document serves as proof along with several other documents such as:
- I-94 (Arrival-Departure Record).
- I-95 (Crewmen’s Landing Permit).
- I-551 (Permanent Resident Card).
- I-766 (Employment Authorization Document).
Deadline to Register
Registration must occur within 30 days for anyone planning to stay in the U.S. longer than 30 days. Children who turn 14 must register within 30 days of their birthday.
Consequences of Failing to Register
Individuals aged 18 or older must carry proof of registration at all times. Failing to do so can result in a misdemeanor punishable by a fine up to $5,000 or a maximum of 30 days imprisonment. Not registering can also impact eligibility for future immigration benefits or visas.
Change of Address Requirement
If an individual moves, they must notify USCIS within 10 days to avoid potential fines and consequences, including removal.
Disclaimer: Considering the complexities of immigration law, individuals affected by the registration requirement should consult with a qualified immigration lawyer to ensure informed compliance with these regulations. For questions regarding the naturalization process, don’t hesitate to get in touch with our office.