A quiet vacation. A temporary work project. A visit with family. Millions of people visit the United States for more than 30 days every year without planning to stay long-term. However, as immigration enforcement ramps up under President Trump’s Executive Order 14159, even those with no long-term intentions of staying now face strict compliance rules under the Alien Registration Act. The Act is a law passed in 1940 that is being revived under the Trump Administration.
Failure to understand and comply with these requirements can create unnecessary risk. Noncitizens must be aware of what this law demands, who it applies to, and what happens if it is ignored.
Who is Required to Register?
Registration only applies to a small group of people. These are: Canadian citizens who enter the U.S. via land ports of entry and stay for more than 30 days if they were not issued a Form I-94 upon entry; noncitizens who enter the US without inspection (with limited exceptions); and noncitizen children who turn 14 years old while in the US. For those turning 14, a parent or guardian must complete the registration on their behalf.
Who is Exempt from the Alien Registration Act?
Most groups are excluded from this registration requirement. Lawful permanent residents (green card holders) do not need to register unless they received their green card before age 14. In this case, they must also register/re-register within 30 days of their 14th birthday. If outside the U.S. when turning 14, the registration must occur within 30 days of returning to the country.
Other exemptions include nonimmigrant visa holders who were fingerprinted and issued an I-94 at entry (even if the I-94 has since expired), people entering via ESTA, individuals paroled under INA 212(d)(5), A and G visa holders, and those with valid Employment Authorization Documents (EADs).
Additional exclusions apply to individuals who have applied for permanent residency through specific USCIS forms, even if their applications were denied, and to American Indians born in Canada, with at least one American Indian parent, living under the authority of 8 USC § 1359.
What Does Registration Entail?
Registration must be completed online. Individuals must first create a USCIS online account at myaccount.uscis.gov/create-account. After creating an account, they must submit Form G-325R electronically. If fingerprinting is required, USCIS will schedule an appointment at a local application support center. Children under 14 and Canadian citizens are exempt from fingerprinting. Once registration is complete, individuals over 18 must always carry proof of registration.
What are the Penalties for Non-Compliance with the Alien Registration Act?
The penalties for ignoring the law are significant (and the current severe enforcement actions raise additional concerns beyond what we know). Anyone who willfully refuses or fails to register, including parents responsible for registering their children, may face misdemeanor charges, a fine of up to $5,000, up to six months in jail, or both. Adults who fail to carry their registration proof face the same penalties.
Further, those who fail to file a change of address using Form AR-11 within 10 calendar days of moving are also subject to misdemeanor charges. More critically, they may be subject to removal unless they can prove the failure was not willful or was reasonably excusable.
Protecting Your Status Amidst Strict Immigration Enforcement
Even one misstep with registration can create significant risk during times of enhanced immigration enforcement. Do not let confusion or misinformation jeopardize your immigration status. Our team provides clear, straightforward legal solutions tailored to your situation. Contact Valvo & Associates to ensure you meet your obligations and protect your future.