The new Alien Registration Requirement has been making headlines, leaving many noncitizens in the U.S. confused and concerned. This Department of Homeland Security (DHS) policy, enforced by the U.S. Citizenship and Immigration Services (USCIS), mandates certain foreign nationals to register with the federal government by providing detailed personal and immigration-related information. The rule stems from Section 262 of the Immigration and Nationality Act (INA), and both noncompliance and compliance may carry serious legal consequences.
In this blog, we explain who is affected, what compliance entails, and why it’s essential to consult a qualified immigration attorney before taking any action.
Who Must Comply with the New Alien Registration Requirement?
Under INA § 262, the following noncitizens must register:
- Foreign nationals age 14 or older who were not previously registered or fingerprinted during their visa process and who remain in the U.S. for 30 days or longer. They must register before the expiration of the 30 days;
- Parents or guardians of children under 14 who must register the child if they have remained in the U.S. for 30 days or longer without prior registration, before the expiration of the 30 days; and
- Any noncitizen turning 14 in the U.S. must register within 30 days of their birthday.
Who is already registered?
You can view a detailed list of individuals who are already considered registered under the new Alien Registration Requirement by visiting this USCIS page. Generally, the following groups are included:
- Lawful permanent residents (green card holders)
- Nonimmigrants issued Form I-94
- Individuals issued a visa before their most recent arrival
- Noncitizens in removal proceedings
- Those with Employment Authorization Documents (EAD)
- Applicants for green cards who submitted fingerprints, even if denied
- Border crossing card holders
Who is not registered?
According to the USCIS page, aliens who have not registered under the new Alien Registration Requirement include:
- An individual who entered the U.S. without inspection or valid documentation
- A Canadian visitor who entered via a land port without registration
- A noncitizen who submitted an immigration benefit request, including applications for deferred action (DACA) or Temporary Protected Status (TPS), but didn’t receive evidence of registration.
What You May Be Asked to Submit
Noncitizens subject to the rule may be required to provide:
- Biographic details
- Immigration status and history
- Travel and presence details in the U.S.
- Any history of immigration or criminal violations
You can find official updates and instructions on the USCIS Alien Registration information page.
What Happens If You Don’t Comply?
Failing to comply with the new Alien Registration Requirement could result in:
- Criminal prosecution
- Civil penalties, including fines and imprisonment
- Placement into removal or expedited removal proceedings for individuals found to be unlawfully present
- Detention by immigration authorities
These consequences make it crucial to fully understand your obligations under the law.
What Happens If You Do Comply?
While compliance might prevent criminal penalties, it can also come with risks:
- Self-incrimination: Information submitted could be used in future immigration or criminal cases.
- Risk of removal: If you disclose that you’re out of status or have past violations, USCIS may initiate removal proceedings.
- Detention: Some individuals could be detained upon or after registration.
Since the registration process asks for sensitive details—such as legal status, how you entered the U.S., and any prior criminal or immigration history—it’s important to proceed with caution. Noncitizens should fully understand the risks involved in both registering and choosing not to. That’s why we recommend consulting a lawyer before making any moves.
What Should You Do Next?
If you’re unsure about your obligations under the new Alien Registration Requirement, take these proactive steps:
- Speak with an experienced immigration attorney. This decision should not be made based on fear or social media—get personalized legal advice.
- Avoid assumptions. Every case is different. Even if someone you know wasn’t affected, your situation may require action.
- Stay updated. Immigration policies change quickly. Follow USCIS and trusted legal sources for real-time information.
- Discuss any possible criminal law consequences with your immigration attorney, and if needed, seek advice from a qualified criminal defense lawyer.
- Understand documentation responsibilities. The USCIS ARR page explains important obligations, including carrying proof of registration at all times and promptly updating your address if you move.
⚠️ Important note: Registration under the ARR does not provide legal status or benefits. It is a federal requirement with compliance expectations but no immigration benefits in return.
Conclusion
The new Alien Registration Requirement brings a new layer of complexity for noncitizens living in the U.S. Whether you are undocumented, overstayed your visa, or unsure about your current registration status, don’t face this challenge alone. At Qazi Law Offices, we understand the law and the real fears families are facing.
Your future is too important to risk. Let us help you make informed, strategic decisions.
📞 Call us today at 630-504-0648 or schedule a confidential consultation with Attorney Farrah.
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