This advisory is provided to our employees who are currently in the U.S. on visas, in particular for those who have dependent children.
Background
Current law establishes that all foreign nationals who are present in the US for a period of over 30 days are required to register. Most foreign nationals who were inspected upon entering the country are already considered to be registered and already comply with this law, however previously there was not a way for someone who was not registered to comply.
The USCIS recently published an Interim Final Rule (IFR) implementing a system by which foreign nationals that have not been previously registered are able to do so, which will be effective as of April 11th.
1. Who is Already Registered
The following individuals are considered registered and do not need to take any further action:
- Foreign nationals who were issued an I-94 or I-94W (see exception below);
- Foreign nationals who were issue immigrant or nonimmigrant visas before their last date of arrival (see exception below);
- Foreign nationals issued an employment authorization document (EAD);
- Lawful permanent residents;
- Foreign nationals paroled into the United States;
- Foreign nationals DHS has placed into removal proceedings;
- Foreign nationals who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698 or I-700, and have already attended their biometrics appointment; and
- Foreign nationals issued Border Crossing Cards.
Importantly, this means that if you were issued a visa to enter the US and had your biometrics taken during that process you are considered to be already registered. On the other hand, if biometrics were not taken during the visa application process, you would not be considered registered, even if issued an I-94 afterwards.
2. Who Is Not Considered Registered
Those who do not possess one of the documents listed above, or even if in possession of a visa or I-94 were not fingerprinted during the visa application process are not considered to be registered.
This means most children who were younger than 14 years of age when applied for a visa will not be considered to be already registered.
3. When and How to Register
When
Registration must occur:
- Within 30 days of entry into the US for anyone who is not considered already registered upon entering the country
- Parents are required to register their children
- Within 30 days of an individual’s 14th birthday, regardless of whether previously registered
To comply with the recently issued IFR, those who are not already considered registered by previous visa/I-94 issuance should submit their registration by April 11th.
How
Form G-325R is the designated form to submit the registration. The form can be filed online with a USCIS account:
- USCIS accounts can be created at https://myaccount.uscis.gov/create-account. Parents should create accounts on behalf of their children to register them. Note: Form G-325R can only be submitted by the named owner of the USCIS online account. If you are the parent or legal guardian of a child under the age of 14 who needs to register, you will need to submit Form G-325R on their behalf through their individual USCIS online account.
- The form can be found within the account or at https://www.uscis.gov/g-325r
- At this point, there is no filing fee for submitting the registration form.
After the form is submitted, the USCIS will issue a biometrics appointment unless the person is exempt from that (children younger than 14 are generally exempt from the biometrics requirement).
4. Evidence of Registration
Foreign nationals are advised to carry with them documents that are listed in regulation as evidence of registration, which includes:
- I-94 form, which can be retrieved at https://i94.cbp.dhs.gov/search/recent-search.
- Permanent Resident Card (“Green Card”)
- Employment Authorization Document (EAD)
- “USCIS Proof of Alien G–325R Registration”, which will be issued after registration and biometrics are completed
- Border Crossing Card
5. Consequences of Failing to Register
Willfully failing to register has serious consequences, including being charged with a misdemeanor, facing a fine of up to $5000 and/or imprisonment of up to 6 months. Similarly, failure to carry documentation evidencing registration can also lead to a charge of misdemeanor, with a $5000 fine and/or up to 30 days of imprisonment.
5. Additional Requirement: Informing USCIS of Changing in Address
Every foreign national in the US for a period of longer than 30 days is also required to inform the USCIS of changes in address within 10 days of their moving date. This applies to both nonimmigrants and permanent residents.
Changes in address can be submitted online with a USCIS account: https://www.uscis.gov/addresschange.
Failing to comply with this requirement bears the same consequences as failing to carry evidence of registration, thus it is important to observe both requirements.
Conclusion
Staying informed and prepared is crucial for navigating the current complexities of U.S. immigration policy. Visa employees should regularly check for updates to travel bans, border checkpoints, documentation requirements, and travel advisories. By taking proactive steps and seeking legal support when needed, they can ensure compliance and minimize disruptions to their professional and personal lives.