Understanding the President’s Immigrant Alien Registration Requirement: How We Can Help You in San Jose

Due to the President’s recent Executive Order requiring non-citizens to register, it is key for people to know their duties and dangers for failing to register. At the Law Offices of Daniel Shanfield Immigration Defense PC, we’re here to get you through this confusing process.

Who Needs to Register under the Alien Registration Requirement?

All non-citizens aged 14 and older who were not fingerprinted or registered when they came into the U.S. must register. This includes folks who may have come into the country without the right papers or those who have not yet gone through the formal registration process.

Who has already registered under the Alien Registration Requirement?

Anyone who has been issued one of the documents under 8 CFR 264.1(b) is already registered. Also, anyone who submitted one of the forms designated at 8 CFR 264.1(a) and submitted fingerprints (unless waived) and wasn’t issued one of the pieces of evidence under 8 CFR 264.1(b), has complied with the registration requirement of INA 262.

Non-citizens who have already registered include:

• Lawful permanent residents;
• Aliens paroled into the United States under INA 212(d)(5), even if the period of parole has expired;
• Aliens admitted to the United States as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the admission period has expired;
• All aliens present in the United States who were issued immigrant or nonimmigrant visas prior to arrival;
• Aliens whom DHS has placed into removal proceedings;
• Aliens issued an employment authorization document;
• Aliens who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, even if the applications were denied; and,
• Aliens issued Border Crossing Cards.

Who must apply for registration under the Alien Registration Requirement?

• All non-citizens 14 years of age or older who weren’t registered and fingerprinted (if required) when applying for a visa to enter the U.S. and who remain in the U.S. for 30 days or longer. They must apply before the expiration of those 30 days.
• The parents and legal guardians of aliens less than 14 years of age who have not been registered and remain in the U.S. for 30 days or longer, prior to the expiration of those 30 days.
• Any alien, whether previously registered or not, who turns 14 years old in the United States, within 30 days after their 14th birthday

Who is not registered under the Alien Registration Requirement?

Anyone who hasn’t been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b) and has not submitted one of the forms under 8 CFR 264.1(a) and provided fingerprints (unless waived) is not registered. Non-citizens who have not registered include:

• Aliens who are present in the United States without inspection and admission or inspection and parole;
• Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration; and,
• Aliens who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for Deferred Action for Childhood Arrivals or Temporary Protected Status, who were not issued evidence of registration.

What Are the Parental Duties under the Alien Registration Requirement?

Parents or legal guardians of non-citizen children under the age of 14 must make sure their children are registered. This means that even if the children are too young to register themselves, their parents or guardians must finish the registration process for them.

How Do I Register under the Alien Registration Requirement?

No formal process has been put in place yet to register.  USCIS is instructing people subject to the alien registration requirement to first set up a USCIS account.

However, before registering, we recommend you consult with our law firm first to make sure you’re doing it the right way and are know your options regarding your legal status.

What are the Civil and Criminal Penalties for Failing to Register under the Alien Registration Requirement?

Not following the registration rule may lead to big outcomes. Non-citizens who do not register may face both civil and criminal penalties, including fines and possible detention. It is key to know that not following the rules can lead to serious legal troubles, making it important to finish the registration process quickly.

Our Immigration Services

At Law Offices of Daniel Shanfield Immigration Defense PC we offer a range of services to help you with the registration process:

• Personalized Immigration Advice and Consultation: Our skilled lawyers will give you a detailed understanding of your duties and guide you through each step of the registration process.
• Immigration Case Preparation: We will help you gather and prepare all needed papers to ensure a smooth and quick registration.
• Immigration Legal Representation: When trouble strikes, our is ready to defend you and protect your rights.

Why Choose Us?

As San Jose’s leading immigration defense firm, we’re dedicated to winning the toughest immigration cases. We’ve been here before with NSEERS and other immigrant registration programs and successfully beat deportation charges where clients have failed to register.

Contact our San Jose Immigration Law Firm today today to schedule a legal consultation and ensure you are in line with the new registration rules.