U.S. Citizenship and Immigration Services (USCIS) recently announced that it will be implementing an official registration process for certain non-U.S. citizens who are within the United States. USCIS has not announced when it expects the registration process to be formally implemented, but it announced that noncitizens will be able to do so through a USCIS online account.
Background
U.S. laws have long required noncitizens age 14 or older who have not already registered and who are in the U.S. for more than 30 days to register within 30 days of entry; however, the laws have not been enforced for many years. Now, noncitizens may once again face civil and criminal consequences for failure to comply with these requirements.
Who Must Register?
Non-U.S. citizens who were not fingerprinted or registered when applying for a visa or other immigration benefit and who remain in the U.S. for 30 or more days must register with USCIS. They also must be fingerprinted. Parents of children under the age of 14 must register the children. A child whose parent registered him or her must re-register within 30 days of the child’s 14th birthday. Once registered, noncitizens must carry proof of registration.
Who Is Already Registered?
Many individuals are considered to be registered by virtue of applying for certain immigration benefits including, a non-immigrant visa (including a border crossing card), humanitarian parole, lawful permanent residence, or work authorization. These individuals underwent fingerprinting and received a registration document, such as an I-94, green card, or employment authorization document (EAD). Individuals who are in removal proceedings or who have been in removal or deportation proceedings in the past also are registered. As discussed below, individuals who are registered may face criminal consequences if they do not carry proof of this registration with them.
Who Is Not Registered?
Individuals who entered the U.S. without permission, inspection and admission, or parole are not considered to be registered. Canadian visitors who enter through a land port of entry and are not issued an I-94 also are considered to be unregistered. Non-U.S. citizens who apply for certain benefits but are not fingerprinted or do not receive a registration document such as an I-94 or EAD are not registered. For example, an individual who applied for temporary protected status (TPS) but did not receive an EAD may be considered unregistered.
Consequences of Failure to Register?
Although the U.S. has not enforced the registration requirement in many years, it intends to give new life to the civil and criminal consequences for failure to comply. The U.S. government recently indicated that it will prioritize criminal prosecution of violations of these laws. Individuals who willfully fail to register themselves or their children under the age of 14 and who remain present for more than 30 days may be charged with a federal misdemeanor crime. Penalties include up to six months of jail time and up to a $1,000 fine. Noncitizens who fail to carry proof of registration may be charged with a misdemeanor and fined up to $100.
If you are unsure about whether you are registered or how this update will impact you, our attorneys are happy to assist. Contact us at https://www.akulalaw.com/contact or call to schedule a consultation at (972)-241-4698 today! Visit us at www.akulalaw.com. Continue to follow and like us on Facebook at Akula & Associates and Instagram at Akulalaw.