The Executive Order "Protecting the American People Against Invasion," which was issued in January and took effect on April 11, directed the Department of Homeland Security (DHS) to: 1) ensure that foreign nationals in the U.S. comply with their duty under the Immigration and Nationality Act (INA) to register with the U.S. government; and 2) make failure to comply with these legal obligations a civil and criminal enforcement priority.
Relying on the INA, a new Interim Rule requires that, with limited exceptions, all foreign nationals in the U.S. who were not registered and fingerprinted (if required) when applying for a U.S. visa and enter and remain in the U.S. for 30 days or longer, must apply for registration and fingerprinting.
Foreign nationals who are considered to be already registered include:
- Lawful permanent residents;
- Foreign nationals paroled into the U.S.;
- Foreign nationals admitted to the U.S. as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired;
- All foreign nationals present in the U.S. who were issued immigrant or nonimmigrant visas before their last date of arrival;
- Foreign nationals whom the U.S. Department of Homeland Security has placed into removal proceedings;
- Foreign nationals issued an employment authorization document;
- Foreign nationals 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
- Foreign nationals issued Border Crossing Cards.
Foreign nationals who must register include:
- Foreign nationals who entered the U.S. 1) without inspection plus admission or parole, and 2) who have not otherwise registered; and
- Canadian visitors who entered the U.S. at land ports of entry, intending to stay more than 30 days, who were not issued evidence of registration such as a paper or electronic I-94 record.
Foreign nationals who have not been registered and fingerprinted despite being required to do so must apply for registration and fingerprinting within the first 30 days of their admission to the U.S. Further, any foreign national who turns 14 in the U.S., whether previously registered or not, must register within 30 days of their 14th birthday.
Foreign nationals in the U.S. may comply with the registration requirement by creating a USCIS online account, submitting Form G-325R, and attending an appointment for biometrics collection, which USCIS will schedule after receiving the G-325R form. Once the registration has been submitted and biometrics have been provided, USCIS will post a notice that provides proof of registration to the foreign national's USCIS online account.
Once registered, all foreign nationals over the age of 18 must carry and keep evidence of registration in their personal possession at all times. Of particular significance, failure to comply with registration and fingerprinting requirements may result in criminal (and civil) penalties, which may, in turn, subject the violator to removal from the U.S.
Additionally, all foreign nationals required to comply with the registration requirement must notify USCIS in writing of each change of address and new address within 10 days from the date of such change. Failure to comply may result in criminal penalties and removal from the U.S.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
