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Do I have to “register?”

Do I have to “register?”

The news, and our phones, have been abuzz with the news that the Trump administration is requiring immigrants to “register” with the Department of Homeland Security.   While the requirement of registration was included in the administration’s January 20, 2025 proclamations, it only gained traction because USCIS published an advisal on February 25, 2025 stating that individuals should establish USCIS accounts in preparation for the registration process, which will start on some future unspecified date.

  • Do I have to do anything now?

THE OBLIGATION TO REGISTER HAS NOT STARTED YET.  INDIVIDUALS WHO MAY BE SUBJECT TO REGISTRATION DO NOT HAVE TO DO ANYTHING AT THIS TIME.

The USCIS has been tasked with establishing procedures for foreign nationals to register in the U.S.  Based upon the USCIS advisal, it appears that registration will consist of completing a biographic form with the USCIS and having biometrics (fingerprints and photos) captured.  Upon registration, USCIS will issue proof of registration which must be kept in the individual’s possession at all time.  Failure to register, USCIS states, could subject an individual to criminal and civil penalties.

  • Who does not have to register?

The USCIS stated that many immigrants are already “registered.”  The following groups of people are considered to have already registered and this new notice does not place any additional requirements upon them:

    • Lawful permanent residents
    • Individuals paroled into the US under INA 212(d)(5) even if period of parole has expired
    • Individuals admitted to the US as nonimmigrants and were issued I-94s or I-94W, as entrants on the ESTA, even if the period of admission has expired.
    • Individuals present in the US who were issued immigrant or nonimmigrant visas prior to arrival
    • Individuals in removal proceedings
    • Individuals with an employment authorization document
    • Individuals who have applied for adjustment of status, even if it was denied
    • Individuals issued border crossing cards

 

  • Who is required to register?

The USCIS has stated that the following individuals will be required to register:

    • Individuals who are present in the U.S. without inspection and admission or parole
    • Canadians who entered through a land port of entry and were not issued documentation of lawful entry
    • Individuals who entered on visas but were not fingerprinted when applying for a visa
    • Any individual who turns 14 years old in the U.S., within 30 days of their 14th birthday.

** The filing of applications for DACA, TPS , asylum by individuals described above does not relieve the applicant of an obligation to register.

  • Should I register?

People required to register need to understand the potential consequences of registration, which include the government getting fingerprints, addresses and other biographic information, which could be used to seek their deportation.

We strongly encourage anyone with any concerns to contact our office to assess their risks.  We will keep you updated on this process as USCIS shares more details.

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