Understand the Alien Registration Requirement in the US

On Jan. 20, 2025, President Trump issued Executive Order 14159, Protecting the American People Against Invasion, which directed the Department of Homeland Security to ensure that aliens register with the government. This article aims to clarify the alien registration requirement under the Immigration and Nationality Act (INA), particularly in light of recent emphasis on its enforcement.

What is Alien Registration?

The INA mandates that most non-citizens residing in the U.S. for longer than 30 days must register with the government. This requirement, detailed in Section 262 of the INA (8 U.S.C. 1302), ensures that the Department of Homeland Security (DHS) has a record of non-citizens within the country.

Who Needs to Register?

Generally, if you are a non-citizen, 14 years or older, and staying in the U.S. for more than 30 days, you must register. If you are under 14, your parent or legal guardian is responsible for registering you. After turning 14 years old, you have to re-register within 30 days of your 14th birthday. According to USCIS, you are already registered if you fall under any of the following categories:

• Lawful permanent residents;

• Aliens paroled into the United States for humanitarian reasons, even if the parole is expired;

• Aliens admitted to the United States as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic);

• All aliens who entered the US with an immigrant or nonimmigrant visa;

• Aliens in removal proceedings;

• Aliens issued an employment authorization document (EAD card);

• Aliens who have applied for lawful permanent residence even if the applications was denied; and

• Aliens issued Border Crossing Cards.

However, the following aliens are not registered and thus required to register under the Alien Registration Law, including:

• Aliens who crossed the border illegally

• Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration; and

• Aliens who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for deferred action or Temporary Protected Status who were not issued evidence of registration listed in 8 CFR 264.1(b).

How to Register

To register, follow these steps:

• Create a USCIS Online Account here https://myaccount.uscis.gov/create-account: Each individual needing to register, including those under 14 (through a parent or guardian), must have their own account.

• Submit Form G-325R: Complete and submit this form online through your USCIS account. It cannot be filed by mail or in person.

  
  

  USCIS will review your submission and available DHS records to determine if you've already complied with registration requirements.

Carrying Evidence of Registration

If you are over 18 and required to register, you must carry proof of registration on your person at all times. Failure to do so can result in a misdemeanor conviction, a fine of up to $5,000, and/or imprisonment for up to 30 days for each offense.

Consequences of Not Registering and/or Not Carrying Evidence of Registration

Failure to comply with the registration requirement may lead to serious consequences: a misdemeanor conviction, fines up to $5,000, and/or imprisonment for up to 6 months.

Address Updates

It's also crucial to report any change of address to USCIS within 10 days of moving. You can do this through your USCIS online account. Failure to notify USCIS of a change of address can result in a misdemeanor conviction, fines up to $5,000, and/or imprisonment for up to 6 months, and possible deportation unless the failure was excusable or not willful.

Important Considerations

Registration is not an immigration status: It doesn't grant any specific rights or benefits under immigration law.

Beware of scams: Always seek legal advice from qualified attorneys or accredited representatives.

Conclusion

The alien registration requirement is a critical aspect of U.S. immigration law. Non-citizens must understand their obligations to avoid potential penalties. If you have any questions or concerns about your specific situation, consult with a qualified immigration attorney.