OPINION-US VISA | IMMIGRATION CORNER | Alien registration requirement explained

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According to several news reports, including Associated Press, Immigration officials say anyone living in the US illegally will soon have to register with the federal government, and those who don’t could face fines, imprisonment, or both.

The registry will be mandatory for everyone 14 and older who doesn’t have legal status. Each person must register and provide their fingerprints and address. I know this latest announcement is striking fear and anxiety in the hearts of everyone in the US who is out of status. They are being told they must register (by providing fingerprints and their address) but are now afraid that the Department of Homeland Security (DHS) will hunt them down and deport them.

I will discuss the alien registration requirement, including who is required to register, but more importantly, who is NOT required to register.

First, the requirement that an alien register and be fingerprinted has been on the books since at least 1952, INA Section 262. That law required that any alien over the age of 14 who was in the US for over 30 days should register and be fingerprinted. Therefore, this law has been on the books for decades. It is just that so many administrations had not really required compliance or did not enforce this law. Trump, with his strict immigration enforcement policy, is now requiring aliens to register and be fingerprinted.

But to everyone watching, I don’t want you to lose hope or despair. Even according to the US Citizenship and Immigration Services (USCIS) website, they acknowledge that “most aliens in the United States have already registered, as required by law.” In fact, unless you snuck across the border, it is likely you have already complied with these requirements and therefore do not have to register again.

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Who has already registered?

According to USCIS, the following people are considered to have already registered and complied with the law:

• Lawful permanent residents or green card holders.

• Aliens admitted to the US as nonimmigrants and were issued Form I-94, even if the period of admission has expired.

This particular item is critical and should make everyone breathe a sigh of relief. You entered the US on a non-immigrant visa, whether it’s a tourist visa, student visa, etc., even if you are now out of status. The reason is that when you applied for your nonimmigrant visa at the US embassy, you were already fingerprinted. Therefore, you would’ve complied already.

• Aliens who were paroled into the US.

• Aliens present in the US who were issued immigrant or nonimmigrant visas prior to arrival.

• Aliens placed in removal proceedings

• Aliens issued an employment authorization document. This is because it is likely that in order to apply for the work permit, you were already fingerprinted.

• Aliens applying for adjustment of status even if the application was denied. Again, it is because you were likely fingerprinted in connection with that application.

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Who is not registered?

According to the USCIS’s website, the following aliens are required to register and be fingerprinted:

• Aliens who are present in the United States without inspection and admission or inspection and parole.

This applies to aliens who snuck across the border or entered without inspection. This makes sense, because it’s likely they were never fingerprinted when they crossed the border. This also means that if you snuck across the border, you did not enter on a visa, and you may be required to register.

• Canadians who crossed the border and were not issued evidence of registration.

• DACA applicants who were not issued evidence of registration.

Once an alien has registered and appeared for fingerprinting, DHS will issue evidence of registration, which you must carry and keep in your possession at all times. Failure to comply will result in criminal and civil penalties, including prosecution and payment of fines and, of course, likely being placed in deportation/removal.

DHS will develop a form and process for people to complete the registration process. In the meantime, based on DHS’s initial press releases, I would recommend that even if you are out of status, you should carry proof or evidence of your having already registered, whether it is a copy of your entry visa or I-94, even if it’s expired, a work permit or any of the other documents I mentioned above to prove registration. Take a picture of them on your cell phone.

If you have further questions, concerns or fears, you should consider consulting with an immigration attorney, and I will continue monitoring changes in law and informing you of developments. Therefore, make sure to like, share and subscribe to this channel.

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