The Department of Homeland Security and USCIS have issued new “registration” requirements. These are actually very old rules which have never been required in the past. We would, of course, expect the Trump Administration to use any and all opportunities to make life more difficult for foreign nationals.
The list of those required to register is provided below. Everyone who is not a US citizen should review the list very carefully. Essentially, the list applies to those who have entered the US without inspection/visa. Non-immigrants appear to be excluded but note the requirements for children who turn 14. There is only one way to make sure the list does not apply to you: very carefully go line by line to see if any category applies to your situation. If you call or email an attorney, that is exactly what she/he will do. So, you can save a consultation fee by looking for yourself if you are on the list:
- Foreign nationals present in the United States without inspection and admission or inspection and parole who have not otherwise registered (that is, foreign nationals who crossed the border illegally);
- Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration, (an I-94 for example);
- Foreign nationals who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for deferred action or Temporary Protected Status who were not issued evidence of registration listed in 8 CFR 264.1(b);
- All foreign nationals 14 years of age or older who were not registered and fingerprinted (if required) when applying for a visa to enter the United States and who remain in the United States for 30 days or longer. They must apply before the expiration of those 30 days;
- The parents or legal guardians of foreign nationals less than 14 years of age: Parents or legal guardians must apply for the registration of foreign nationals less than 14 years of age who have not been registered and remain in the United States for 30 days or longer, before the expiration of those 30 days; and
- Any foreign national, whether previously registered or not, who turns 14 years old in the United States, within 30 days after their 14th birthday.
Some of these categories are extremely complicated and require reference to the USCIS regulations. For those cases, please contact David Swaim, Board Certified in US Immigration and Nationality Law: [email protected].
