Update to the Alien Registration Requirement
The Department of Homeland Security (DHS) has recently published an Interim Final Rule (IFR) amending regulations related to alien registration and evidence of registration. This rule introduces changes that affect noncitizens who are subject to alien registration requirements under the Immigration and Nationality Act (INA). Here’s what you need to know about these new updates and how they might impact you.
Who Is Affected
Noncitizens who entered the U.S. without inspection and have not yet registered.
Canadian nonimmigrants who were not issued an I-94 form.
Any noncitizen turning 14 years old in the U.S., whether or not previously registered, and they must register within 30 days of their 14th birthday.
Individuals with pending or denied immigration applications who do not have formal registration documentation.
NOTE: Currently, USCIS considers those previously issued I-94s or visas that have since expired to have previously registered. See the requirements for changes of address and carrying proof of registration.
Key Updates
New Alien Registration Form
USCIS created Form Form G-325R (Biographic Information - Registration) for those required to register under the INA.
Access to Form G-325R requires creation of a unique MyUSCIS account for each registrant. While there is currently no fee, DHS is soliciting public feedback on a $30 fee.
Submission of Form G-325R will trigger a biometrics appointment. Once complete, the registrant can download proof of registration.
Failure to comply can result in fines up to $5,000, imprisonment up to 6 months, or both.
Proof of Alien Registration
DHS designated the following documents as evidence of registration. They should be carried at all times.
Proof of Registration upon submission of Form G-325R and completion of biometrics
Form I-94, Arrival-Departure Record
Valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport;
Form I-551, Permanent Resident Card;
Form I-766, Employment Authorization Document (EAD);
Form I-95, Crewmen’s Landing Permit;
Form I-184, Alien Crewman Landing Permit and Identification Card;
Form I-185, Nonresident Alien Canadian Border Crossing Card;
Form I-186, Nonresident Alien Mexican Border Crossing Card;
Form I-221, Order to Show Cause and Notice of Hearing or I-1221S;
Form I-862, Notice to Appear; or
Form I-863, Notice of Referral to Immigration Judge.
· Criminal Penalties for Failure to Comply and Additional Criminal Concerns
o Though smaller fees are listed in the current regulation, other federal statutes override these. As a class B misdemeanor, the current maximum fine is up to $5,000, or up to 6 months imprisonment, or both.
[NOTE: while the USCIS website currently says 30-days, the IFR says 180 days, as does the prior regulation and statute.]
o Additionally, failure to update one's address within 10 days is punishable by a fine up to $5,000, or 30-days imprisonment, or both. It also subjects the person to potential deportation proceedings.
o Completing the G-325R requires providing information that could involve self-incrimination about activities that may violate other statutes.
o Registration is NOT an immigration status, does not create an immigration status, establish employment authorization, nor provide any rights or benefits under US law. Registration could subject someone to removal or deportation proceedings.