The United States Citizenship and Immigration Services (USCIS) has introduced additional procedures for non-US citizens to fulfill their statutory and regulatory obligation to register with the US government. These updates are part of an effort to ensure compliance with Section 264 of the Immigration and Nationality Act (INA), which requires certain foreign nationals to register their presence with the Department of Homeland Security (DHS).
Who Must Register?
Under Section 264 of the INA, all non-US citizens must register with DHS and, in some cases, provide fingerprints. This registration is typically completed through:
- Form I-94 for nonimmigrants (temporary visa holders).
- Form I-551 (Green Card) for lawful permanent residents (LPRs).
USCIS’s recent update aims to enhance the registration process and ensure compliance with federal immigration laws.
What Should Temporary Visa Holders (H-1B, F-1, O-1, etc.) Do?
If you hold a nonimmigrant visa such as H-1B, F-1, O-1, or another temporary visa, your registration should have already been completed when you entered the US. Individuals over the age of 14 who obtained their visas after 2004 or have reentered the US through an airport since 2004 have already been registered and fingerprinted in compliance with Section 264.
For most lawful nonimmigrants, there is no additional requirement under the new USCIS registration process. However, USCIS is expected to release further details regarding children under age 14 who may not have been fingerprinted during their initial visa application process.
What About Green Card Holders?
If you are a lawful permanent resident (LPR) or green card holder, you were registered and fingerprinted during your green card application process. Green card holders who were under 14 at the time of approval are required to replace their green cards upon turning 14, at which time they must undergo fingerprinting.
At this time, permanent residents do not need to take any additional action under the updated USCIS registration procedures.
What If My Dependent Child Was Not Fingerprinted?
USCIS has not yet provided specific guidance on whether dependent children under 14 who were not fingerprinted at the time of visa issuance will be required to register. Parents with children on dependent visas such as H-4, F-2, or O-3 should stay informed as USCIS releases further details on the registration process.
What If I Have Never Been Registered or Am Out of Status?
Individuals who believe they have not registered or are currently out of valid immigration status should seek legal guidance immediately. The new registration procedures could activate provisions of the Immigration and Nationality Act that impose penalties for knowingly failing to register when required.
If you are without lawful immigration status, it is essential to consult an experienced immigration attorney to understand your rights and obligations under these new requirements.
How NPZ Law Group Can Help
Navigating immigration registration requirements can be complex, especially with new USCIS procedures taking effect. NPZ Law Group provides:
- Legal consultations to determine registration obligations for visa holders and green card holders.
- Assistance for dependent visa holders who may need to register under the new USCIS guidelines.
- Guidance for individuals out of status on available immigration relief options.
- Regular updates on USCIS policy changes to ensure compliance with federal immigration laws.
If you have questions about your registration requirements, contact NPZ Law Group today for professional guidance on staying compliant with US immigration laws.
Final Thoughts
The USCIS registration updates are part of an effort to strengthen compliance with federal immigration laws. While most nonimmigrant visa holders and green card holders will not need to take additional action, those who are uncertain about their registration status should stay informed as further details are released. If you need clarification or legal assistance, consult with an immigration attorney to ensure compliance with the new policies.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information. Contact us today.