By: Hector A. Chichoni, Esq.
Beginning February 25, 2025, aliens (foreign nationals) are required to register with USCIS, but the agency has not implemented the registration process yet. Prior to submitting a registration to USCIS, foreign nationals must create an online account through www.USCIS.gov in preparation for the registration process. Foreign nationals must submit their registration once the agency announces that it is ready to process registrations. Parents and guardians will also have to submit registration applications on behalf of their children under 14, through their USCIS online account.
Background
On January 20, 2025, President Trump issued the “Protecting the American People Against Invasion” executive order directing the U.S. Department of Homeland Security (“USDHS”) to ensure that foreign nationals comply with their duty to register with the government under Section 262 of the Immigration and Nationality Act (“INA”). USCIS has made it clear that “it is the legal obligation of all unregistered aliens (or previously registered children who turn 14 years old) in the U.S. to comply with these requirements.” And that “failure to comply will result in criminal and civil penalties, up to and including misdemeanor prosecution and the payment of fines .”
Section 262 of the INA requires that, with limited exceptions, “all aliens 14 years of age or 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.” Moreover, parents and guardians must ensure that their children below the age of 14 are registered. For those who are within 30 days of reaching their 14th birthday, “the previously registered alien child must apply for re-registration and be fingerprinted.”
USCIS has warned that “…once an alien has registered and appeared for fingerprinting (unless waived), DHS will issue evidence of registration, which aliens over the age of 18 must carry and keep in their possession at all times .”
One of the problems with the Alien Registration Requirement is that a significant number of foreign nationals present in the U.S. have had no direct way in which to register and meet their obligation under INA 262. USCIS states that “in order that unregistered aliens may comply with their duty under INA 262, USCIS is establishing a new form and process by which they may register. No alien will have an excuse for failure to comply with this law.”
The Alien Registration Requirement does not provide immigration status, and registration documentation does not establish employment authorization or any other right or benefit under the INA or any other U.S. law.
Who Is Considered to Have Been Registered
Aliens who have already registered include:
Lawful permanent residents;
Aliens paroled into the U.S. under INA 212(d)(5), even if the period of parole has expired;
Aliens admitted to the United States as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired;
All aliens present in the United States who were issued immigrant or nonimmigrant visas prior to arrival;
Aliens whom DHS has placed into removal proceedings;
Aliens issued an employment authorization document;
Aliens who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, even if the applications were denied; and,
Aliens issued Border Crossing Cards.
Who Must Be Registered
All aliens 14 years of age or older who were not registered and fingerprinted (if required) when applying for a visa to enter the U.S. and who remain in the U.S. for 30 days or longer. They must apply before the expiration of those 30 days.
The parents and legal guardians of aliens less than 14 years of age who have not been registered and remain in the U.S. for 30 days or longer, prior to the expiration of those 30 days.
Any alien, whether previously registered or not, who turns 14 years old in the U.S., within 30 days after their 14th birthday.
Who Is Considered Not to Have Been Registered
Aliens who have not registered include:
Aliens who are present in the United States without inspection and admission or inspection and parole;
Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration; and,
Aliens who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for Deferred Action for Childhood Arrivals or Temporary Protected Status, who were not issued evidence of registration.
Creating a USCIS Online Account
This link provides step-by-step information on how to create a USCIS online account to fulfill the alien registration requirement. Once the individual has an account, he or she will be able to register.
USDHS will soon announce a form and process for aliens to complete the registration requirement. Again, beginning February 25, 2025, aliens required to register should create a USCIS online account in preparation for the registration process. See USCIS’s How to Create a USCIS Online Account page for more information. Once the registration process is implemented, aliens will submit their registration, and parents and guardians will submit registration applications on behalf of their children under 14, through their USCIS online account.
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