On January 20, 2025, President Trump issued the Protecting the American People Against Invasion executive order, which directs the Department of Homeland Security (DHS) to ensure that all aliens comply with their legal duty to register with the U.S. government under Section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302). This order emphasizes that failure to comply with registration requirements will now be a top priority for civil and criminal enforcement.
As an Immigration Law Firm, Orange Law, led by Attorney Karan Joshi, is committed to keeping you informed about these vital changes. Below is a detailed guide on the Alien Registration Requirement, and what it means for you and your family.
Who Must Register?
The INA requires that all aliens 14 years of age or older, who entered the U.S. without being fingerprinted or registered during their visa application process, and who stay in the U.S. for 30 days or more, must apply for registration. Parents and guardians must also ensure that children under 14 are registered.
For aliens who turn 14 while in the United States, re-registration and fingerprinting must occur within 30 days of their 14th birthday.
Who Is Already Registered?
Many individuals in the U.S. have already fulfilled their registration requirements. These include:
• Lawful permanent residents (LPRs)
• Aliens paroled into the U.S., even if the parole has expired
• Nonimmigrants issued Forms I-94 or I-94W
• Aliens in removal proceedings or those with employment authorization
• Applicants for permanent residence via Forms I-485, I-687, I-691, I-698, or I-700
Who Needs to Register?
You must apply for registration if:
• You are 14 years of age or older and did not register or provide fingerprints during your visa application process, and you are staying in the U.S. for 30 days or longer.
• Parents or legal guardians of aliens under 14 who are in the U.S. for 30 days or longer, and were not registered.
• Any alien turning 14 while in the U.S. must apply for re-registration and fingerprinting within 30 days of their 14th birthday.
Who Is Not Registered?
Certain individuals have not registered. These include:
• Aliens present without inspection or admission (e.g., individuals who entered without proper documentation).
• Canadian visitors who entered via land ports without registration.
• Aliens who applied for benefits like DACA or Temporary Protected Status (TPS) but did not receive registration evidence.
How to Register
Starting February 25, 2025, aliens who need to register must create a USCIS online account. The process will require submitting registration forms online. For children under 14, parents or guardians must submit the registration forms on their behalf.
Stay ahead of the curve by preparing your USCIS online account now, so you can submit your registration as soon as the system is ready.
Penalties for Non-Compliance
It’s important to understand that failure to comply with the Alien Registration Requirement could result in serious consequences, including criminal charges, civil penalties, and fines. In some cases, failure to comply could lead to misdemeanor prosecution.
How Orange Law Can Help
At Orange Law, we understand the complexities of immigration law and are here to help guide you through the registration process. Attorney Karan Joshi is dedicated to helping individuals and families navigate the legal system to ensure full compliance with U.S. immigration laws.
If you have any questions or need assistance with the Alien Registration Requirement, contact Orange Law today. We are here to help you avoid potential penalties and ensure your compliance with this important legal obligation.
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