Carry your papers, Notify, and register: Non-Citizen Registration Rules Get Renewed Attention
/In a recent Executive Order, the new administration expressed an intention to prioritize the enforcement of existing “alien registration” laws requiring all non-citizens to possess appropriate immigration status documentation and report changes of address.
Why it matters: Non-citizen individuals who do not comply with these requirements are subject to potential fines or penalties (including potential criminal penalties).
These legal requirements are not new (they’ve existed for many years), but they were rarely enforced previously, so Ellis Porter believes it’s important to remind our clients of these requirements and advise them how to comply with them.
The “Carry Your Papers” Requirement: All non-citizens over the age of 18 must possess and carry proof of lawful status or lawful presence with them at all times.
What documents: The specific immigration document (or combination of documents) that is considered proof of lawful status or lawful presence will differ an individual’s specific immigration status and/or circumstances. A few of the most common scenarios include:
For U.S. Permanent Residents, such proof would be an Lawful Permanent Resident (LPR) Card or “Green Card”
For Non-Immigrants, such as those in H-1B, L-1, TN or O-1 status, such proof would be the I-94 document, indicating your name, classification of status, and unexpired period of admission.
For Non-Immigrants whose status has expired but have a timely-filed extension pending with USCIS, such proof would be the expired I-94 document and the receipt notice on form I-797C.
Non-citizens are not, however, required to carry their passport under these rules.
Physical Documents vs. Digital Documents: EP recommends that clients should carry physical copies of immigration status documents with them at all times, not digital copies on a phone, since phones could be searched or seized by an immigration officer.
The Address Change Notification Requirements: All non-citizen individuals are required to notify USCIS of any change in their home address within 10 days of moving. Each non-citizen family member must notify USCIS individually. Address changes can be reported using a USCIS online account.
EP Client Resource: This EP how-to guide provides detailed instructions on how to submit a change of address notification using a USCIS online account.
The Minor Child Registration Requirements: Non-citizen children in Lawful Permanent Resident (LPR or “Green Card”) status must apply for a new LPR card once they reach age 14 by submitting a form I-90 with USCIS.
The bottom line:
These registration requirements are not new requirements – they were required by law before this Executive Order was issued.
While the administration has signaled making these registration requirements an enforcement priority, it is not clear if, or when, increased enforcement will occur.
To avoid potential fines or penalties, clients should take these requirements seriously, but also realize that the compliance obligations are very straightforward and easily manageable.
What’s next: So far, no further guidance has been provided by the administration clarifying how or when increased enforcement activities might proceed.
As more information becomes available, we will share it with you.