The Homeland Security Department’s (DHS) U.S. Citizenship and Immigration Services (USCIS) is creating a new alien registration requirement for all foreigners aged 14 and older who are in the United States for 30 days or longer that will include their fingerprints and current address. Parents and guardians must ensure that their children below the age of 14 are registered. Aliens required to register should create a USCIS online account in preparation for the registration process. Once an alien has registered (using an online form USCIS will soon release) and has appeared for fingerprinting (unless fingerprinting is waived), DHS will issue an evidence of registration card, which aliens over the age of 18 must carry and keep in their possession at all times. Failure to comply will result in criminal and civil penalties, up to and including misdemeanor prosecution and the payment of fines. USCIS is clear that registration is not an immigration status, and registration documentation does not establish employment authorization or any other right or benefit under the Immigration and Nationality Act (INA) or any other U.S. law. USCIS goes on to explain that many aliens in the United States have already registered, as required by INA section 262, “however, a significant number of aliens present in the United States have had no direct way in which to register and meet their obligation under INA 262. 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.”
USCIS’ notice explains that the following aliens are already registered for purposes of INA section 262: (1) anyone who has been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b); and (2) 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). Aliens who have already registered also include: (1) lawful permanent residents; (2) aliens paroled into the United States under INA 212(d)(5), even if the period of parole has expired; (3) 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; (4) all aliens present in the United States who were issued immigrant or nonimmigrant visas prior to arrival; (5) aliens whom DHS has placed into removal proceedings; (6) aliens issued an employment authorization document; (7) 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; (8) aliens issued Border Crossing Cards.