US asks foreign nationals to register under Alien Act or face arrest, fines

All foreign nationals who are residing in the country for 30 days or more are required to register and carry proof of registration with them

The United States (US) this week introduced a new policy for “aliens” residing in its territory, invoking a rule asking foreign nationals aged 14 and older to register, provide fingerprints, and carry proof of registration.

 

Non-compliance may result in fines up to $5,000 or six months in prison. The US Department of Homeland Security (DHS) on March 12 issued an Interim Final Rule (IFR) called Alien Registration Form and Evidence of Registration to document aliens living in the US and those who are not already registered with DHS.

 

What is this rule

 

According to the IFR published on the federal register of the US, DHS has amended regulations to designate a new registration form for aliens to comply with registration, fingerprinting and to additional documentation. It means all foreign nationals residing in the US for 30 or more days, aged 14 and above are required to register and carry proof of registration with them.   

Also Read: US judge blocks deportation of Indian student over wrongful visa revocation

 

Who must register under IFR?

 

All foreign nationals 14 years of age or older who were not registered and fingerprinted (if required) when applying for a US visa and who remain in the United States for 30 days or longer

 

Parents or legal guardians must register children under 14 who stay more than 30 days.

 

Canadians entering at land ports who were not issued Form I??'94.

 

Any foreign nationals turning 14 while in the US. “Within 30 days of reaching his or her 14th birthday, all previously registered aliens must apply for re??'registration and to be fingerprinted.”

 

Those who applied for immigration relief like asylum, DACA, TPS, U visas, T visas, S visas, and VAWA self-petitions, but who have not been issued evidence of that status (as listed in 8 CFR 264.1(b)), according to IFR.

 

Who does not need to register?

 

The IFR says that a foreign national who has previously registered consistent with 8 CFR 264.1(a), or an alien who has evidence of registration consistent with 8 CFR 264.1(b), need not register again. This category includes:

 

Lawful permanent residents (green card holders)

 

Non-immigrants issued Form I??'94 or I??'94W

 

Foreign nationals paroled in under INA 212(d)(5)

 

Those in removal proceedings or with employment authorization documents

 

Anyone issued a visa before their last arrival

 

Those 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

 

Foreign nationals issued border crossing cards

 

Key requirements and steps for compliance

 

Obtain and complete Form G??'325R

 

Official name: G??'325R, Biographic Information (Registration)

 

Available immediately; no filing fee at this time.

 

Submit your form and biometric data

 

Schedule an appointment at an Application Support Center (ASC).

 

Provide fingerprints (unless you qualify for a waiver, e.g., children under 14 or certain Canadians).

 

Receive proof of alien registration

 

After DHS processes your G??'325R and biometrics, you will get a “Proof of Alien Registration” document in your myUSCIS online account.

 

Foreign nationals must “carry and keep in their personal possession at all times” if over age 18.

 

Report changes

 

“Even if you (foreign nationals) are already registered, you must comply with “ongoing change of address reporting requirements under 8 U.S.C. 1305(a) and 8 CFR 265.1,” according to IFR.

 

Penalties for non??'compliance

 

According to the IFR published on US federal register’s website

 

Criminal and civil penalties: Punishable by a fine of up to $5,000 or imprisonment for up to six months, or both

 

No automatic relief: Registration is not an immigration status, does not grant work authorization, does not grant any other benefit under the Immigration and Nationality Act.