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Alien Registration Rule:

What Immigrants Should Understand Before Taking Action

Many people in our community are hearing about changes related to alien registration requirements and feeling worried. That is understandable. When immigration rules involve registration, fingerprints, forms, and possible enforcement, families want clear information, not rumors.

DHS has issued regulatory updates addressing alien registration requirements under the Immigration and Nationality Act. These rules are intended to clarify how certain noncitizens who may not have previously registered can comply with existing statutory requirements.

The regulations also describe the use of specific forms for collecting biographic information and documenting registration. In some cases, DHS has referenced forms such as Form G-325 (Biographic Information), although the exact forms and procedures may vary depending on the individual’s situation and current USCIS guidance.

This is a serious topic, but it must be handled carefully. Not every person has the same obligation, the same immigration history, or the same risk. Some individuals may already have documents or filings that serve as evidence of registration. Others may need legal guidance before taking any action.

The most important message is this: do not panic, and do not file anything without understanding the consequences.

Immigration history matters. A person’s date of entry, prior applications, prior removal orders, criminal history, current status, pending cases, and family ties can all affect what should be done.

Families should also be cautious about social media advice. Immigration cases are highly individualized, and general advice may not apply to every situation.

If you are unsure whether you are already registered or whether you must take additional steps, speak with a qualified immigration attorney before acting.

Martha L. Arias, Esq.
Immigration Law Attorney

Contact our office to schedule an appointment.

With a passion for immigration law and a commitment to client advocacy, Immigration Law Attorney Martha L. Arias, Esq. provides the experienced legal representation for U.S. citizenship, employment and business visas, specialized on investor visas, green card petitions and deportation defense. If you are unsure whether you are already registered or whether you must take additional steps, speak with immigration law attorney Martha Arias before acting.
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Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. The information contained in this post may not reflect the most current legal developments and should not be relied upon as a substitute for consultation with a qualified immigration attorney. Reading this article does not create an attorney-client relationship between you and Arias Villa, PLLC or any of its attorneys. Each immigration case is unique, and outcomes depend on the specific facts and circumstances involved. If you have questions about your situation, you should seek legal advice from a licensed attorney.

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]]> New Alien Registration Law: What You Need to Know https://ariasvilla.com/new-alien-registration-law-what-you-need-to-know/ Thu, 27 Feb 2025 20:06:28 +0000 https://ariasvilla.com/?p=11352 The post New Alien Registration Law: What You Need to Know appeared first on Miami Immigration Lawyer - Attorney Martha L. Arias, Esq..

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On January 20, 2025, President Donald Trump issued the Protecting the American People Against Invasion executive order, directing the Department of Homeland Security (DHS) to enforce immigration registration laws more strictly. Specifically, the order mandates compliance with Section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302), this new Alien Registration Law requires “aliens” present in the United States for 30 days or more to register with the government. Additionally, failure to comply with this requirement has now been classified as a civil and criminal enforcement priority.

This article provides a comprehensive explanation of the new measures, who is affected, and the process for registration.

Contents

  1. Legal Requirements for Alien Registration
  2. Addressing Registration Gaps
  3. Who Has Already Registered?
  4. Who Must Apply for Registration?
  5. Who Is Not Registered?
  6. How to Register
  7. Conclusion
  8. Frequently Asked Questions

Addressing Registration Gaps

While most aliens in the United States have already complied with this requirement, a significant number have not had a direct method to complete their registration obligations. To facilitate compliance, U.S. Citizenship and Immigration Services (USCIS) is introducing a new form and process that will allow unregistered aliens to fulfill their obligations under INA 262.

  • Registration is not an immigration status.
  • Registration documentation does not establish work authorization, visa status, or any other benefit under U.S. law.

Certain individuals are exempt from this requirement, including:

Who Has Already Registered?

Individuals who have received specific DHS-issued immigration documents have already fulfilled the registration requirement. These individuals include:

  • Lawful Permanent Residents (Green Card holders).
  • Aliens paroled into the U.S. under INA 212(d)(5) (even if their parole has expired).
  • Nonimmigrant visa holders who received Form I-94 or I-94W (paper or electronic), even if their visa has expired.
  • Aliens who received immigrant or nonimmigrant visas before arriving in the United States.
  • Aliens placed in removal proceedings by DHS.
  • Individuals with employment authorization documents (EADs).
  • Applicants for lawful permanent residence who have submitted:
    • Form I-485 (Application to Register Permanent Residence or Adjust Status),
    • Form I-687 (Legalization Application),
    • Form I-691 (Legalization Continuation Application),
    • Form I-698 (Adjustment of Status for Temporary Residents),
    • Form I-700 (Special Agricultural Worker Application),
    • Even if their applications were denied.
  • Aliens issued Border Crossing Cards.

Who Must Apply for Registration?

Aliens who fall under any of the following categories must apply for registration:

  1. Aliens aged 14 or older who were not registered when they applied for a visa and who remain in the United States for more than 30 days must apply before their 30-day period expires.
  2. Parents or legal guardians of children under 14 years old who remain in the U.S. for more than 30 days must ensure their children are registered within that timeframe.
  3. Any previously registered alien who turns 14 years old must apply for re-registration and fingerprinting within 30 days of their 14th birthday.

Who Is Not Registered?

Individuals who have not been issued official evidence of registration from DHS and have not submitted the required registration forms are considered unregistered. This category includes:

How to Register

To comply with the registration requirement, DHS will implement a new form and process for aliens who have not yet registered. The official process is expected to be announced soon, and it will be facilitated through USCIS online accounts.

Beginning February 25, 2025, individuals subject to the registration requirement should create a USCIS online account in preparation.

  • Once the new registration system is implemented, individuals required to register will be able to submit their applications online.
  • Parents and legal guardians will be able to submit registrations on behalf of children under 14 years old.
  • For more information on setting up an account, visit the official USCIS How to Create an Online Account page.

Conclusion

The Protecting the American People Against Invasion executive order reinforces long-standing legal obligations regarding alien registration under INA Section 262. While most aliens in the U.S. have already met their obligations, the new USCIS process aims to close compliance gaps and ensure full adherence to the law.

Failure to register can lead to civil penalties and criminal prosecution, making it imperative for all non-registered aliens to comply with the law as soon as the new registration system becomes available.

For further updates on the registration process, individuals should regularly check the official USCIS website and prepare by creating a USCIS online account before February 25, 2025.

F.A.Q.s

What happens if an alien registers but later loses their registration documentation?

If an alien loses their registration documentation, they must request a replacement through USCIS. Failure to carry the registration evidence may result in penalties.

Does registering under this rule provide any form of legal status or protection from deportation?

No, registration is not an immigration status and does not provide protection from removal or any legal benefits under U.S. law.

Can undocumented immigrants who register under this rule still be deported?

Yes, registration does not grant any immunity from deportation. If an alien is unlawfully present in the U.S., they may still be subject to removal proceedings.

If an alien has applied for an immigration benefit but has not received registration evidence, do they need to register?

Yes, if they have not received one of the documents designated as evidence of registration under 8 CFR 264.1(b), they are still required to register.

Do visitors with B-1/B-2 visas need to register under this rule?

No, they do not need to register separately. B-1/B-2 visa holders are issued Form I-94 upon entry, which fulfills the registration requirement. Even if their period of stay expires, their initial registration through the I-94 remains valid.

How will the government verify whether an alien has complied with the registration requirement?

DHS may verify compliance through immigration databases, employer records, and other government data sources.

Will aliens be required to renew their registration periodically?

No, registration is a one-time requirement unless an alien turns 14 years old and needs to re-register.

What should aliens do if they have difficulty accessing or creating a USCIS online account?

They should contact USCIS for assistance or visit a USCIS office for in-person help with the registration process.

Are asylum seekers or refugees required to register separately under this rule?

Asylum seekers and refugees typically receive documentation as part of their process, which may count as registration. However, those without such documentation must comply.

What are the consequences of failing to register if an alien is otherwise eligible?

Noncompliance may lead to civil penalties, fines, misdemeanor prosecution, and could negatively impact future immigration applications.

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