By Melany Savitt and Alan Perkins
The Trump administration continues extreme vetting and full enforcement of existing (even if dormant) immigration laws, including the requirement that noncitizens be registered with the government. The government refers to this as the Alien Registration Requirement, or ARR. The American Immigration Council and the American Immigration Lawyers Association filed a lawsuit on March 31 to challenge the requirement.
While many noncitizens who have entered the United States on employment-based visas already meet the registration requirement, it is crucial that noncitizens review and ensure that they and their family members have complied with the requirement. In particular, this change will impact families with children who may not meet the requirement because they may not have had biometrics collected in association with a visa application and/or entry into the United States.
Failure to either register or carry evidence of lawful status carries significant penalties, including potential deportation. Note that those who register while in the U.S. based on these requirements must also carry Proof of Alien Registration.
Department of Homeland Security (DHS) issued an Interim Final Rule (IFR) to amend existing regulations requiring certain noncitizens to register with the U.S. Citizenship and Immigration Services (USCIS) by adding an online registration method. After submitting a registration form, USCIS may schedule a biometrics appointment at the local USCIS Application Support Center (ASC) to collect fingerprints, photograph, and signature if required. This data collection is used to verify identity and conduct background and security checks, including criminal history records maintained by the FBI.
The ARR process involves completion of Form G-325R online. The form requests extensive personal information and background data that comes with risks depending on the answers provided. To assess these risks, you may wish to consult with immigration and criminal law counsel.
Here are the basics of the registration requirement:
Who Is Already Registered
Again, many noncitizens on work authorized visas are already registered. If you have the following documentation, you are considered registered:
- Form I-94 admission record
- Permanent Resident Card (green card)
- Receipt notice for filed I-485, Application for Status as a Permanent Resident and completed biometrics, unless waived
- Employment Authorization Document (EAD)
- Nonimmigrant or immigrant visa foil/stamp in your passport (prior to most recent arrival)
- Valid, unexpired nonimmigrant admission or parole stamp in a foreign passport
Who Is Not Registered and Must Now Register
- Canadian visitors who were not issued a Form I-94 admission record, and will be in the U.S. for 30 days or longer
- Noncitizens 14 years or older who were not registered and fingerprinted
- Noncitizens turning 14 years old while in the U.S. must register within 30 days of fourteenth birthday and be fingerprinted
- Whether previously registered or not
- Noncitizens under 14 years old who were not registered
- Should be completed by parent or legal guardian
The full list of who is and is not already registered can be found here: Alien Registration Requirement. If you are uncertain whether you or your child(ren) must register, please contact immigration counsel.
How to Complete the Registration Process (ARR)
- Create unique account for self or child (under 14 years of age) here: myUSCIS Home Page
- Complete and submit online Form G-325R, Biographic Information (Registration) here: Biographic Information (Registration)
- There is currently no filing fee
- Potential fee of $30 in the near future
- USCIS will schedule a biometrics appointment at the local USCIS ASC, if required
- Registrants will receive an appointment notice with date, time, and location to complete their biometrics
- Once the biometrics appointment is completed, a Proof of Alien Registration PDF will be available on the registrant’s myUSCIS account to download, print, and carry as evidence of compliance
- Fingerprints are waived for Canadian nonimmigrants and noncitizens under 14 years old who register; Proof of Alien Registration is received after submitting Form G-325R online
Penalties for Failure or Refusal to Register
Willful failure or refusal to register or be fingerprinted is a class B misdemeanor and may result in significant fines, imprisonment, or both.
Any individual who submits a fraudulent registration may face criminal prosecution and deportation.
Action Item – Requirement to Carry Proof of Alien Registration
Noncitizens 18 years and older who register and are fingerprinted while in the U.S. will receive Proof of Alien Registration which they are required to always have in their personal possession (hard copies versus digital copies are recommended). Noncompliance with this requirement is a misdemeanor punishable by a fine, imprisonment, or both.
All noncitizens are required to carry proof of status. See our news alert here.
