United States Citizenship and Immigration Services (USCIS) has recently announced additional mechanisms for non-US citizens to comply with their statutory and regulatory requirement to register with the United States government.
Who is Required to Register?
All non-US citizens are required by Section 264 of the Immigration and Naturalization Act to register with the Department of Homeland Security and, if required, to provide their fingerprints. Regulations provide that this registration is accomplished on Form I-94 for nonimmigrants (temporary visa holders) and Form I-551 (the Permanent Resident Card or “green card”) for immigrants.
I have an H-1B, F-1, O-1, etc. What do I need to do?
All nonimmigrants over age 14 who entered the United States with a visa issued after 2004, or who departed the United States and have reentered through an airport after 2004, have been registered and fingerprinted in accordance with Section 264. Therefore, nearly all lawful nonimmigrant visa holders should have no additional obligation under the new USCIS procedure. Some nonimmigrants under age 14 may be required to register, though USCIS has not yet released details of the registration process.
I am a “Green Card” holder. What do I need to do?
All green card holders over age 14 when they received their green cards have also been registered and fingerprinted as part of the green card application process. Green card holders under age 14 are currently required to replace their green cards, and be fingerprinted, upon reaching age 14. Therefore, lawful permanent residents should have no additional obligations under the new registration process, though USCIS has not yet released details of the registration process.
I am on an H-1B, F-1, O-1, etc. but have a child under 14 who was not fingerprinted when we got our visas. What should I do now?
USICS has not yet released details of the registration process, including whether individuals under age 14 will be expected to register. Parents with children on H-4, F-2, O-3, and similar dependent statuses should stay tuned for further details from USCIS and your Klasko Immigration Law team.
I don’t believe I have ever been registered or fingerprinted, or I am not currently in any valid immigration status. What should I do now?
USCIS is creating a new registration procedure in order to trigger other provisions of the Immigration and Nationality Act that make it a criminal misdemeanor to knowingly fail to register when required by the Act. As such, anyone without lawful immigration status should consult with an attorney about their obligations and options under this new registration procedure.
If you have any questions or concerns about the content of this alert, please contact one of our employment-based immigration attorneys.
The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
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