DHS Announces Registration Requirements for Certain Noncitizens

This week, the Department of Homeland Security announced it will be enforcing an old federal statute to compel registration for noncitizens 14 years of age and older. See https://www.uscis.gov/alienregistration. Notably, as of today, the form for registration has yet to be made available.

Under the applicable statute, INA section 262, those who must apply for registration are:

1. All noncitizens 14 years of age or older who were not registered and fingerprinted (if required) when applying for a visa to enter the U.S. and who remain in the U.S. for 30 days or longer. Such individuals must apply for registration before the end of those 30 days;
2. The parents and legal guardians of noncitizens less than 14 years of age who have not been registered and remain in the U.S. for 30 days or longer, prior to the expiration of those 30 days; and
3. Noncitizens, whether previously registered or not, who turns 14 years old in the U.S., within 30 days after their 14^th birthday.

The USCIS website specifies that noncitizens considered to have already registered 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.

Once the new registration form and process is available, noncitizens age of 14 or older who are not already registered must create a USCIS account to meet the registration requirement. Once registered and fingerprinted (unless waived), DHS will issue evidence of registration, which noncitizens over the age of 18 must carry at all times.

ILG will provide further alerts once the registration form has been made available. If you have further questions, please contact your Immigration Law Group attorney, or call our office at (408) 432-9200.