The Lopez Law Firm, PLLC

The law requires non-U.S. citizens (noncitizens) residing in the United States to register with the Department of Homeland Security (“DHS”), providing personal information such as fingerprints and home addresses. According to this presidential administration, the initiative aims to enhance national security and ensure compliance with U.S. immigration laws.

Under the Immigration and Nationality Act (“INA”), with limited exceptions, all noncitizens aged 14 and 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. Additionally, parents and guardians are responsible for registering children under 14. Once a child reaches their 14th birthday, they must apply for re-registration and fingerprinting within 30 days.

 

Who Is Already Registered?

 Anyone who has been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b) has already registered. Also, anyone who submitted one of the forms designated at 8 CFR 264.1(a) and provided fingerprints (unless waived) and was not issued one of the pieces of evidence designated at 8 CFR 264.1(b), has complied with the registration requirement of INA 262. Noncitizens who have already registered include:

 

• Lawful permanent residents;
• Noncitizens paroled into the United States under INA 212(d)(5), even if the period of parole has expired;
• Noncitizens 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 noncitizens present in the United States who were issued immigrant or nonimmigrant visas before their last date of arrival;
• Noncitizens whom DHS has placed into removal proceedings;
• Noncitizens issued an employment authorization document;
• Noncitizens who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, and provided fingerprints (unless waived), even if the applications were denied; and
• Noncitizens issued Border Crossing Cards.

 

Who Is Not Registered?

Anyone who has not applied to the Department of State for a visa, been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b), or has not submitted one of the forms designated at 8 CFR 264.1(a) and provided fingerprints (unless waived) is not registered. Noncitizens who have not registered include:

 

• Noncitizens present in the United States without inspection and admission or inspection and parole who have not otherwise registered (that is, noncitizens who crossed the border illegally);
• Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration; and
• Noncitizens who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for deferred action or Temporary Protected Status who were not issued evidence of registration listed in 8 CFR 264.1(b).

 

Who Must Register?

 

If you fall into the “Who is not registered?” section above, then you must register. This includes:

• All noncitizens 14 years of age or older who were not registered and fingerprinted (if required) when applying for a visa to enter the United States and who remain in the United States for 30 days or longer. They must apply before the expiration of those 30 days;
• The parents or legal guardians of noncitizens less than 14 years of age: Parents or legal guardians must apply for the registration of noncitizens less than 14 years of age who have not been registered and remain in the United States for 30 days or longer, before the expiration of those 30 days; and
• Any noncitizen, whether previously registered or not, who turns 14 years old in the United States, within 30 days after their 14th birthday.

 

If you have already complied with your duty to register and been fingerprinted (if required) in connection with your current stay in the United States of 30 days or more and have not reached your 14th birthday in the United States since registering, do not submit this form. 

 

Criminal Penalties for Willful Failure or Refusal to Register or Provide Biometrics (if required)

 

Any noncitizen who willfully fails or refuses to apply to register or be fingerprinted (if required), and any parent or legal guardian who is required to apply for the registration on behalf of an noncitizen less than 14 years of age and who willfully fails or refuses to file an application for the registration of such noncitizen, may be charged with a misdemeanor and if convicted, be fined not to exceed $5,000 or be imprisoned not more than 6 months, or both. 

 

What to Expect After Registering

All noncitizens 18 years of age and over in the United States required to register under INA 262, including but not limited to those who register using this new process, must carry and have in their personal possession evidence of their registration at all times.

 

Criminal Penalties for Failure to Carry Evidence of Registration

Any noncitizen required to register who is 18 years of age and older and who fails to comply with the requirement that they carry evidence of registration, and have in their personal possession evidence of registration may be charged with a misdemeanor and if convicted for each offense, be fined not to exceed $5,000 or be imprisoned not more than 30 days, or both.

 

Address Updates

All noncitizens in the United States required to register must report a change of address to USCIS within 10 days of moving. We strongly encourage you to submit your change of address through your USCIS online account as soon as you move.  USCIS has more information regarding How to Change Your Address.

 

Criminal and Immigration Penalties for Failure to Update Your Address with USCIS.

Each noncitizen required to be registered under the noncitizen registration requirements of the INA who is within the United States must notify USCIS in writing of each change of address and new address within 10 days from the date of such change and provide such additional information as the secretary of homeland security may require by regulation. Noncompliance is a misdemeanor punishable by a fine of up to $5,000 or imprisonment for not more than 30 days, or both. In addition, any noncitizen who has failed to comply with the change-of-address notification requirements is deportable unless the noncitizen establishes that such failure was reasonably excusable or was not willful.

 

Please schedule a consultation if you have questions whether you should register under this requirement.