L Law Firm

LATEST INFORMATION REGARDING THE NEW AOS POLICY ISSUED BY USCIS

Tue, 09 Jun 2026 21:34:05 GMT

The New USCIS AOS Policy: Facts, REAL TIME UPDATES & Why You Don't Need to Panic

The recent headlines surrounding U.S. immigration can feel overwhelming, but our goal is to provide clear, reliable guidance. On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) released a new policy memorandum concerning Adjustment of Status (AOS) applications. While the official language sounds strict, the fundamental legal frameworks for obtaining a green card inside the United States remain fully intact. To help our community navigate these operational changes without unnecessary anxiety, we have built this page as a dynamic, real-time resource hub.

How to Use This Live Tracker

Immigration policies can evolve rapidly, and we want to ensure you always see the most critical information first. For that reason, we organize this blog in reverse-chronological order:

�� The Top Section: This is where you will always find the most recent insights, breaking updates, and tactical advice as we monitor how USCIS officers implement this memo in real-time.
�� Scrolling Downward: As you move down the page, you will find our initial core breakdown, baseline facts, and the foundational analysis from when the policy was first announced.
�� Stay Informed: We recommend bookmarking this link. Whenever news breaks or we observe new processing trends, we will post our direct legal analysis right here so you can skip the media panic and get the facts.

�� An Important Note for Our Current Clients

If our office is currently representing you on a pending Form I-485, we want to address the May 21 memo directly to give you a clear, realistic look at the current landscape.

The Reality of the New Guidance The newly issued policy memo introduces a standard requiring "extraordinary circumstances" for certain approvals, but it does not clearly define what actually qualifies under this definition. Because of this, significant uncertainty currently exists across the legal community regarding how individual USCIS officers will interpret and apply this standard to both pending and future cases.

What We Anticipate Next At this time, no one knows precisely how the agency intends to interpret or enforce this new guidance on a daily operational level. However, we can reasonably anticipate that this policy could result in heightened scrutiny across the board and an increase in discretionary denials of Form I-485 applications.

We tentatively anticipate that pending I-485 applications could encounter serious issues and face Requests for Evidence (RFE) notices requesting evidence to justify "extraordinary circumstances" to approve their I-485. There is a potential risk of discretionary denials if USCIS determines that extraordinary circumstances are not present.

That said, this policy is in its infancy. Additional USCIS guidance, widespread administrative litigation, and possible federal court challenges are highly likely in the coming weeks and months, which may reshape how this policy is actually enforced.

Recommended Next Steps For now, the best and safest course of action is to remain patient and monitor developments closely . We strongly advise against making any major, sudden decisions regarding your pending case or international travel plans until the legal landscape clarifies.

Our office is following this situation continuously and carefully. We will continue providing updates as more definitive information becomes available.

Live Updates & Policy Timeline

June 12, 2026

A report came in that an employment-based AOS applicant for an F-1 student was interviewed by USCIS. USCIS officer did not ask questions regarding the extraordinary circumstance. Applicant, nonetheless, provided the evidence of school work, volunteer work, and community ties, as well as family ties in the US. Case is held for review.

June 10, 2026

A report came in today that a family-based AOS applicant for an F-1 student who continues to maintain legal status was interviewed last week. USCIS officer did not ask the 4 questions below but the applicant prepared a detailed statement with evidence to address the issues of extraordinary circumstances. The case was approved a week later.

June 8, 2026

Someone reported on Reddit that they got their I-485 application denied. Here is the link to the post. https://www.reddit.com/r/USCIS/s/iFNGUuo32d

Our comment: Despite the news media reporting that USCIS was back-tracking its position and that we are seeing approvals in the recent days, there may be more denials forthcoming, particularly for those who have been out of status for many years before they filed their AOS applications.

June 8, 2026

A report came in today that an employment-based AOS applicant under EB2 was approved today without any interview. USCIS did not issue a RFE asking for evidence of extraordinary circumstances standard.

June 5, 2026

A marriage-based applicant who was interviewed by Baltimore USCIS 4 months ago received an I-130 approval earlier this week and the I-485 application was approved today. USCIS did not issue a RFE asking for evidence of extraordinary circumstances standard.

A marriage-based applicant who was interviewed by Washington USCIS on May 18, 2026 received any approval today. USCIS did not issue a RFE asking for evidence of extraordinary circumstances standard.

An employment-based AOS application based on EB-4 religious worker category was approved without the need to establish extraordinary circumstances.

June 4, 2026

Another report came in today stating that an employment-based AOS application for an applicant who continues to maintain valid E-2 visa was approved without any request for additional evidence.

June 3, 2026

A report came in today stating that an employment-based AOS application for an applicant who continues to maintain valid non-immigrant work visa was approved without any request for additional evidence.

June 2, 2026

A practitioner has reported that she received a Request for Evidence (RFE) for a pending I-485 application who has not been scheduled for an interview yet. The RFE asks the following questions:

Adjustment of Status Decision: Explain why you chose to apply for adjustment of status within the United States, rather than pursuing immigrant visa processing through a U.S. consulate abroad.
Barriers to Consular Processing: Describe any factors or circumstances that prevented you from applying for an immigrant visa through consular processing outside the United States.
Overstay Explanation: Provide a detailed explanation for why you remained in the United States after your authorized period of stay expired on [date], and why you did not return to your home country at that time

June 2, 2026

Our association, American Immigration Lawyers Association, published a flyer informing the public of this new AOS policy and what the USCIS is looking for. Recommend that you download and read the flyer .

June 1, 2026

This was reported this morning for a marriage-based AOS interview last week held in Santa Clara, CA. The online case status showed approval this morning. The officer asked the following questions:

1. Why didn’t you apply for Consular Processing?

2. What extraordinary circumstances led you to apply for AOS and not Consular?"

3. [and again] What is extraordinary about your case?

The applicant is a STEM PhD. She said that she did not want to be separated from the US citizen husband whose work is in the US. She read her prepared statement of "positive equities" and asked the officer to submit that into the record along with evidence of her education, payment taxes, etc. (which tied in with Chapters 8 and 10 of the USCIS Policy Manual).

May 29, 2026

The New York Times published an article titled " Actually, Most Immigrants Won’t Need to Leave U.S. to Get Green Cards, D.H.S. Says " The article claims that this clarification appeared to be a partial walk-back from the AOS Policy that USCIS announced last Friday. How USCIS treats these AOS cases remain to be seen. As of right now, this does not offer any reprieve from the draconian policy that USCIS had already announced.

May 29, 2026

A practitioner reported that their AOS client who continues to maintain valid F-1 visa status was interviewed today based on the family sponsorship. The officer only asked "How will you be a benefit to America if you were given permission to be a resident?" The AOS client explained her research and scholar work and how her STEM degree will serve to benefit the United States. No decision has been made at the interview. The case is held for further review. It is important to prepare evidence to establish positive equities as outlined below.

May 29, 2026

A practitioner reported that their AOS client was in the US in violation of the immigration law, including previously been ordered deported and the removal proceedings were reopened and dismissed. The USCIS officer asked the standard questions (see those four questions under May 28, 2026 post) and did not ask the applicant to submit any evidence. The officer took sworn statement of the applicant regarding their response to those now standard questions (see below). Luckily the AOS applicant prepared the supporting evidence to establish positive equities and submitted them to the USCIS. The AOS applicant and the USC spouse also took the opportunity to explain to the officer why they are deserving to be a permanent resident. No decision has been made. The case is held for further review.

May 28, 2026

A practitioner reported that their interview at USCIS was 4 hours long. In this particular case, the applicant's case was a bit more challenging given the applicant's immigration history. The officer asked the following questions pertaining to the new AOS policy (note: this was a marriage based sponsorship):

1) Why did you overstay your visa?

2) Why didn't you go back to do Consular Processing?

3) What is your plan in the US?

4) What is your plan for your spouse, if you have to leave for Consular Processing?

While the officer did not ask for specific documentation, the applicant did submit evidence of hardship for the record.

May 28, 2026

American Immigration Council (AIC), a Washington, D.C.-based non-profit organization dedicated to shaping rational, inclusive immigration policies in the U.S., published an article titled " New USCIS Memo May Force Most Green Card Applicants to Apply from Abroad, Causing Chaos and Confusion ". We highly recommend that you read it. Please also provide any financial support you can to AIC so they can help improving our understanding of immigration landscape. Founded in 1987, AIC champions immigrant rights through research, impact litigation, legal resources, and public education campaigns to dismantle misinformation.

May 27, 2026

Someone reported that the USCIS approved an I-485 application today for an applicant who overstayed her visitor status but just gave birth to a child. This does not mean you need to start having children now. This is just an example of extraordinary circumstances why the government should approve the case instead of forcing the mother to return to her home country to reapply for an immigrant visa.

May 27, 2026

In a recent Associated Press article , Shev Dalal-Dheini, AILA Senior Director of Government Relations, underscored that it is difficult for practitioners to provide generalized legal advice about the memo and noted, “It’s going to be a very case by case specific thing.” Watch and share AILA’s video update in which Ms. Dalal-Dheini explains what is known about the memo and who it may impact.

May 26, 2026

Per the Policy Memo, Adjustment of Status Application is based on totality of the circumstances standard.

Totality of the Circumstances Analysis:

It has been reported that officers are issuing RFEs and asking questions during interviews about why applicants elected not to apply for an immigrant visa abroad. Officers are specifically instructed to weigh the following as adverse factors:

Violations of immigration law or conditions of a prior status
Fraud or false testimony in dealings with USCIS or any government agency
Conduct inconsistent with the purpose of the nonimmigrant or parole status
Failure to depart when the purpose of admission or parole was accomplished
Applying for AOS in a category where consular processing is available
Intent to circumvent the ordinary consular process (preconceived intent)

Positive factors include:

Family ties in the United States
Applicant’s moral character
National interest considerations, including applications that present an economic benefit

Evidence demonstrating positive factors may include, but is not limited to the following:

Evidence of deep U.S. family ties (U.S. citizen or LPR spouse/children), particularly where separation would cause hardship
Long-term lawful presence and community integration (employment history, tax records, civic involvement, community letters)
Evidence of good moral character (no criminal history, charitable contributions, professional accomplishments)
Demonstrated benefit to the United States (employer sponsorship letters, specialized skills, economic contributions)

Absence of adverse factors does not establish sufficient equities. To overcome adverse factors (such as overstay or status violation), applicants must show “unusual or even outstanding equities.”

MAY 26, 2026

From the reports across America today, it appears USCIS officers are posing three questions:

Why did the applicant choose to apply for adjustment instead of consular processing?
Are there any factors that prevented the applicant from consular processing?
Why did the applicant not return to their home country when their authorized period of stay expired?

May 25, 2026: What was uscis doing as of friday afternoon of may 23, 2026

Our Association, American Immigration Lawyers Association , has already reported from practitioners in other parts of the country that USCIS officers were implementing the new standard on Friday by 1:00PM, with questions such as:

Why did you apply for adjustment of status instead of consular processing?
Are there any factors that would prevent you from pursuing consular processing?
Do you have any family still living there?
Why did you decide not to return to your country when your period of authorized stay expired?

May 24, 2026: "Business INSIDER: New USCIS Rule on Adjustment of Status Likely Won't Affect Immigrants Who Provide an 'Economic Benefit "

Here is an article published by Business Insider that says the new USCIS rule on AOS may not affect immigrants who provide an "economic benefit". Since the policy just came out last Friday, no one knows whether "economic benefit" would qualify as extraordinary circumstances, despite what the article says.

May 23, 2026: Very Preliminary Analysis: The "Extraordinary Circumstances" Standard & What It Means for Your Case

Our legal team has conducted a very preliminary review of the directive to assess how this sudden shift could impact active and future stateside adjustment of status (AOS) applications.

The USCIS memorandum represents a fundamental shift in how USCIS adjudicates the AOS applications, transforming what has historically been a routine procedural milestone into a strictly guarded discretionary privilege with a nearly impossible standard to meet.

The New Adjudication Philosophy: Consular Processing as the Default

From an initial reading, the core directive of the new guidance is unmistakable: USCIS is attempting to position stateside adjustment of status as a narrow exception rather than a default choice for permanent residency.

The Presumption of Departure: The memorandum asserts a policy position that Congress originally intended for foreign nationals to return to their home countries for traditional consular processing once the purpose of their temporary stay ends.

An "Extraordinary" Act of Grace: Consequently, allowing an individual to remain in the U.S. to adjust status is now explicitly framed as an extraordinary act of administrative grace.

The National Interest Mandate: Adjudicators are instructed to exercise their discretionary power with maximum caution. Moving forward, officers are directed to review the entire record to determine whether approving a stateside adjustment aligns with the national interests of the United States.

The Emerging Balancing Test: Totality of the Circumstances

Under this new framework, meeting the baseline legal requirements is no longer a guaranteed path to success. Adjudicators are instructed to implement a rigorous balancing test based on the totality of an applicant's background.

Critical Negative Factors

The memorandum explicitly commands officers to heavily weigh specific adverse behaviors against an applicant:

Status and Parole Violations: Any past failure to maintain continuous lawful status, unauthorized employment, or breached parole conditions.
Failure to Depart: Remaining in the United States past an authorized period of admission instead of returning home to pursue a visa abroad.
Misrepresentation: Any historical or current instances of fraud, false testimony, or misleading statements made to government entities.

Affirmative Positive Equities

To successfully balance the scales—especially if any minor adverse factors are present—applicants must proactively demonstrate strong positive equities. The agency will heavily evaluate:

Family Realities: Deeply rooted, immediate family relationships with U.S. citizens or lawful permanent residents.
Community Alignment: Documented evidence of a stable history, community involvement, and good moral character.

Outstanding Equities: Where negative factors exist, boilerplate applications will fail. Applicants must present unusual or outstanding counter-weights (such as specialized professional contributions, property ownership, or robust tax history) to overcome the default position.

Vital Pre-Filing Strategy: Evaluating Consular Processing First

Given the agency’s explicit preference for traditional visa channels, it is now imperative to analyze the viability of returning home for consular processing as your primary option before choosing to file an AOS application. * Shift in Strategy: Historically, processing within the U.S. was the automatic path for stateside nonimmigrants. Under this guidance, we must explicitly evaluate the risks, timelines, and safety of consular processing abroad as a baseline strategy.

Risk vs. Benefit Analysis: For high-risk cases—such as those involving past status violations or non-dual-intent visas—consular processing may prove to be a more predictable option than exposing an application to unpredictable discretionary denials inside the U.S.

Our Early Strategic Forecast: What We Anticipate Next

Because this policy is only a few days old, detailed implementing guidance has not yet been published, and real-world enforcement trends remain unmapped. However, we can make a few cautious, early predictions regarding its practical impacts:

A Potential Surge in Target RFEs: We anticipate that pending Form I-485 applications may eventually face a wave of complex Requests for Evidence (RFEs). These notices will likely demand that applicants affirmatively prove why their individual case warrants a favorable exercise of administrative discretion under the new "extraordinary circumstances" framework.

Elevated Risk of Discretionary Denials: Applications that lack heavily documented presentation of positive equities face a heightened risk of denial based purely on unfavorable discretion—even if the applicant is technically eligible on paper.

The Written Accountability Backstop: On a procedural note, the memo mandates that when an officer issues a discretionary denial, they must provide a detailed written analysis balancing the factors. This ensures a transparent paper trail that our team can utilize to build strategic responses or legal challenges.

The Early Takeaway: While we await more clarity on how local field offices will interpret these rules, baseline filings are no longer enough. Navigating this new environment safely means building an aggressive, equity-heavy case file from day one.

May 21, 2026 | Deconstructing the New USCIS Policy: What You Need to Know

USCIS issued a major policy directive that introduces a significant rhetorical shift in how the government views applications to change immigration status from within the United States. You can review the official text directly via the USCIS Policy Memorandum PM-602-0199 and monitor associated agency statements on the USCIS Newsroom .

The memorandum, titled "Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process," signals a much more stringent framework for evaluating cases. You can access the complete text via USCIS Policy Memorandum PM-602-0199 or monitor updates through the USCIS Newsroom.

To properly navigate this update, we must separate the agency's strict tone from established legal frameworks. Here is a baseline breakdown of what this directive actually means for applicants:

1. Statutory Law Remains Unchanged

The Authority: Congress writes immigration legislation; USCIS merely implements policy.
The Reality: Section 245 of the Immigration and Nationality Act (INA) remains the governing law. This policy memorandum does not—and cannot—abolish your statutory right to seek a green card from within the United States.

2. Redefining "Discretionary Grace"

The Authority: Adjustment of Status (AOS) has never been an automatic entitlement; it has always been legally classified as a discretionary benefit.
The Reality: Historically, satisfying the baseline eligibility requirements without major negative factors meant approval was routine. The new directive changes this by instructing officers to conduct a highly formalized, exhaustive review of the applicant’s entire background before granting administrative grace.

3. Targets of Heightened Scrutiny

The Authority: Adjudicators are directed to closely examine any behavior that appears inconsistent with the temporary nature of a nonimmigrant stay.
The Reality: Expect intense evaluation regarding potential "preconceived intent," unauthorized employment, visa overstays, or prior status violations. This scrutiny will fall heaviest on individuals utilizing non-dual-intent classifications, such as B-1/B-2 tourists and F-1 students.

4. The Impact on Dual-Intent Classifications

The Authority: The memorandum explicitly reaffirms that seeking permanent residency is not inherently contradictory for individuals holding dual-intent visas, such as the H-1B or L-1.
The Reality: However, the agency cautions that holding a dual-intent visa is no longer a blanket pass. Officers are still expected to independently verify that the applicant merits a favorable exercise of discretion based on the totality of the record.

5. Why Comprehensive Case Preparation is Vital

The Authority: Because USCIS has left the threshold for "extraordinary circumstances" undefined, boilerplate applications will no longer suffice.
The Reality: A successful outcome now relies heavily on proactively showcasing an applicant’s positive equities. Filings must aggressively document deep community ties, stable employment, immediate family connections in the U.S., property ownership, and a consistent history of compliance with immigration terms.

Address Change

Fri, 15 Aug 2025 23:50:28 GMT

There are two ways to update your address with the USCIS to comply with 8 USC 1305 .

Filing AR-11 by mail. You can file Form AR-11 by mailing it to the USCIS. See instructions from the USCIS website here ; or
Update your address by creating a USCIS online account. See below for instructions.

You will need to first create a USCIS online account if you have never done so before. Go to uscis.gov and click “Create Account”

You will need to go through the account sign up to set up 2FA authentication. Make sure you save the backup code and secret questions and answers so you can log back in in case if you forget your password.

After you have successfully created and established your credential, you will be asked the type of account that you want to sign up.

There are three account types:

Individual, petitioner, agent, etc.
Legal Representative Account
Company Account

You will need to create an individual account for the address change.

Once you have successfully created and logged into your USCIS account, you will come to a home page like this:

You have two ways to change/update your address. You can click “Change Your Address” directly from your home page, or go to “My Account” to bring up the menu and you will find “change your address”.

This will take you to the address change page. You must read and understand the entire warning before you proceed. You will need to complete this in one session. Leaving in the middle of the session will require you to re-do the address change again.

Step 1 to complete your name and date of birth:

Step 2 is to complete your address:

Step 3 is to enter your A Number and USCIS receipt number, if you have pending applications, petitions or requests with the USCIS, then you should enter the receipt number(s) so that you can receive the correspondence from the USCIS. If you had an application or petition that was already approved, then you do not need to enter the receipt number(s) for the cases that were already adjudicated.

Step 4 is to review your info before submission.

If everything is true and correct, you must read the certification warning and agree to it before you press “Submit”. Print a screenshot of the final information before you press “Submit” to save a copy for your record.

Once your address change has been successfully submitted, you should see the following. Print a screenshot for your record.

DISCLAIMER : This instruction is provided as a public service only. This is not LEGAL ADVICE. Use this material at your own risk. You should always consult with your immigration lawyer if you have any questions. No attorney-client relationship is established through this communication.

KNOW YOUR RIGHTS

Fri, 15 Aug 2025 22:41:46 GMT

We have compiled a list of useful resources that provide helpful information for anyone who is concerned about their rights in today’s world.

Regardless of your immigration status, you have rights under the Constitution. We have collected a number of useful resources here.

https://www.aclu.org/know-your-rights/immigrants-rights
https://www.montgomerycountymd.gov/gilchrist/immigrant-rights/know-your-rights.html
https://www.immigrantdefenseproject.org/raids/
https://www.nilc.org/resources/know-your-rights-trumps-registration-requirement-for-immigrants/

Alien Registration Requirement and Address Update Requirement (ARR)

Fri, 15 Aug 2025 22:38:45 GMT

UPDATE AS OF APRIL 10, 2025

Federal Court in DC denied the motion for a stay/preliminary injunction on the Alien Registration Rule Interim Final Rule. This means the IFR takes effect tomorrow, April 11, 2025 as scheduled.

INFORMATION REGARDING THE ALIEN REGISTRATION AND ADDRESS UPDATE REQUIREMENTS

DISCLAIMER: The New Rule was published on March 12, 2025, and since this is an ongoing development, the FAQ only reflects our current understanding as of April 4, 2025. Please keep this in mind as you read through this material.

BRAVLIN PC provides this info for educational purposes. IT IS NOT LEGAL ADVICE. Use any information herein at your own risk. Given the complexity of the law and the serious consequences to one's immigration status, you should consult with an experienced immigration attorney to address your case-specific questions before you file G-325R. Additionally, since the law criminalizes those who violate the ARR, you should consult with an experienced criminal lawyer. NO ATTORNEY-CLIENT RELATIONSHIP is established through this website or this communication.

The Department of Homeland Security (DHS) published an Interim Final Rule (New Rule), informing the public that it intends to enforce an old law called the Alien Registration Act of 1940, starting April 11, 2025 . The New Rule requires every alien (non-US citizen) who is physically present in the US for at least 30 days to apply to register and to be fingerprinted. The New Rule does not apply to US citizens and those aliens who hold A and G visas.

What are the requirements under the New Rule?

There are three requirements for the New Rule, and they are:

Every alien (non-US citizen) physically present in the US for at least 30 days must register and be fingerprinted (See Who is already registered? to see if you are already registered)
Every registered alien 18 years of age and over must at all times carry and have in their personal possession evidence of their registration (See #2 Evidence of Registration Requirement )
Every alien must update their physical address with the USCIS within 10 days from the date of such change per instructions as provided by the USCIS (See #3 Address Update Requirement ).

NOTE: We highly recommend that you read through the FAQ below to gain more understanding of the New Rule

Penalties for Willful Failure to Comply?

An alien's willful failure or refusal to apply to register or to be fingerprinted is a misdemeanor punishable by a fine of up to $5,000 or imprisonment for up to six months, or both. 8 U.S.C. 1306(a).
Failure to carry evidence of the registration is a misdemeanor punishable by a fine of up to $5,000 or imprisonment for not more than thirty days, or both. 8 U.S.C. 1304(e); 18 U.S.C. 3559(a)(8), 3571(b)(6).
Failure to update the address is a misdemeanor punishable by a fine of up to $5,000 or imprisonment for not more than thirty days, or both. 8 U.S.C. 1306(b); 18 U.S.C. 3559(a)(8), 3571(b)(6). In addition, any alien who has failed to comply with the change-of-address notification requirements is deportable unless the alien establishes that such failure was reasonably excusable or was not willful. See 8 U.S.C. 1227(a)(3)(A).

#1: Registration Requirement

Who is already registered?

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

Aliens who have already registered include:

Lawful permanent residents (including conditional 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 period of admission has expired;
All aliens present in the United States who were issued immigrant or nonimmigrant visas before their last date of 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, and provided fingerprints (unless waived), even if the applications were denied; and
Aliens issued Border Crossing Cards.

Who is NOT registered?

Anyone who has not applied to the Department of State for a visa, been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b), or has not submitted one of the forms designated at 8 CFR 264.1(a) and provided fingerprints (unless waived) is not registered.

Aliens who have not registered include:

Aliens present in the United States without inspection and admission or inspection and parole who have not otherwise registered (that is, aliens who crossed the border illegally);
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 or Temporary Protected Status who were not issued evidence of registration listed in 8 CFR 264.1(b). If you applied for a benefit such as TPS and DACA and were not issued one of the items as we will list under “ List of Acceptable Evidence of Registration ”, you will be required to register even if you have already been fingerprinted. Please consult with an experienced immigration lawyer to determine whether you must register.

Who must register?

If you fall into the “Who is not registered?” section above, then you must register. This includes:

All aliens 14 years of age or older who were not registered and fingerprinted (if required) when applying for a visa to enter the United States and who remain in the United States for 30 days or longer. They must apply before the expiration of those 30 days;
The parents or legal guardians of aliens less than 14 years of age: Parents or legal guardians must apply for the registration of aliens less than 14 years of age who have not been registered and remain in the United States for 30 days or longer, before the expiration of those 30 days; and
Any alien, whether previously registered or not, who turns 14 years old in the United States, within 30 days after their 14th birthday.

Note: American Indians born in Canada who entered the United States under section 289 of the INA, and members of the Kickapoo Traditional Tribe of Texas who entered the United States under the Texas Band of Kickapoo Act, are not required to register.

If you have already complied with your duty to register and been fingerprinted (if required) in connection with your current stay in the United States of 30 days or more and have not reached your 14th birthday in the United States since registering, do not submit G-325R.

Who may submit Form G-325R?

Only the following people may submit Form G-325R:

An alien, on their own behalf; or
A parent or legal guardian, on behalf of an alien who is less than 14 years of age.

Anyone who makes a false statement on Form G-325R, including submitting a false or fictitious registration, may be subject to criminal penalties.

How to register

Step 1: Create a USCIS Online Account

To register, you must first create a USCIS online account . See our How to Create a USCIS Online Account page for more information.

Each alien submitting Form G-325R must have their own individual USCIS online account . This includes aliens under the age of 14. If you are the parent or legal guardian of an alien under the age of 14 who needs to register, you will need to set up an individual USCIS online account on your child's behalf and in their name.

Step 2: Submit Form G-325R

Once you create your or your child's (if you are the parent or legal guardian of an alien under 14 years of age) USCIS online account, fill out an electronic version of Form G-325R, Biographic Information (Registration) . Form G-325R must be filed online through a USCIS online account. It cannot be filed by mail or in person.

Each alien who needs to register must submit Form G-325R from the alien's individual USCIS online account . Form G-325R can only be submitted by the named owner of the USCIS online account. If you are the parent or legal guardian of an alien under the age of 14 who needs to register, you will need to submit Form G-325R on the alien's behalf through their individual USCIS online account.

As you fill out Form G-325R, please carefully consider whether you have already registered. For example, if you have an Arrival-Departure Record number to provide in response to the question “What is your Form I-94 Arrival-Departure Record Number,” then DHS already issued you evidence of registration. Anyone issued Form I-94 or I-94W upon their admission or parole to the United States is already registered. Only aliens who were previously registered but were not previously fingerprinted and who attained their 14th birthday in the United States should submit Form G-325R within 30 days of attaining their 14th birthday.

Step 3: USCIS review of Form G-325R

Once you have submitted Form G-325R, USCIS will review the information you provided and any DHS records that are available about you. If it appears that you have already complied with the registration requirements in some other way and do not need to submit Form G-325R, USCIS will notify you that you have already complied with the registration requirement. If you have already registered as required under INA 262, USCIS will not schedule you for a biometric services appointment or provide you with evidence of registration. If it appears that you are required to register, USCIS will review your Form G-325R to determine if you are required to appear for a biometric services appointment. If you are not required to appear for a biometric services appointment (for example, Canadian visitors and aliens under 14 years of age), USCIS will provide you with evidence of registration (see Step 5 below).

Step 4: Attend appointment for biometrics collection

If you are required to register and provide biometrics, USCIS will schedule you for a biometric services appointment at one of our Application Support Centers (ASCs). Registrants are not required to pay a biometric services fee under the Interim Final Rule .

See USCIS Preparing for Your Biometric Services Appointment for more information about what to expect.

A willful failure or refusal to attend your biometric services appointment (if required) may result in a determination that you have failed to register under INA 266(a), 8 U.S.C. 1306(a), and may result in criminal penalties.

Step 5: Receive registration documentation

Once you have registered and provided your biometrics (if required), the USCIS will post a notice (USCIS Proof of G-325R Registration) that provides proof of your registration to your USCIS online account. In your USCIS online account, you will be allowed to download a PDF version of the notice and can print it.

Criminal Penalties for Willful Failure or Refusal to Register or Provide Biometrics (if required)

NOTICE: Any alien who willfully fails or refuses to apply to register or be fingerprinted (if required), and any parent or legal guardian who is required to apply for the registration on behalf of an alien less than 14 years of age and who willfully fails or refuses to file an application for the registration of such alien, will be guilty of a misdemeanor and will, upon conviction, be fined not to exceed $5,000 or be imprisoned not more than 6 months, or both.

Because of the complexity of the law, it is advised that you consult with an experienced immigration lawyer to guide you in the registration process.

#2: Evidence of Registration Requirement

Every registered alien 18 years of age and over must at all times carry and have in their personal possession evidence of their registration.

List of Acceptable Evidence of Registration

Below is a list of acceptable evidence of registration which you will need to carry with you in person at all times.

Form I-551, Lawful Permanent Residency Card or Conditional Residency Card
Form I-94, Arrival-Departure Record – noncitizens admitted as nonimmigrants; noncitizens paroled into the US under 212(d)(5) of the INA; noncitizens who claimed to have entered prior to July 1, 1924; and noncitizens granted permission to depart without the institution of deportation proceedings;
Form I-95, Crewmen's Landing Permit;
Form I-184, Alien Crewman Landing Permit and Identification Card;
Form I-185, Nonresident Alien Canadian Border Crossing Card;
Form I-186, Nonresident Alien Mexican Border Crossing Card;
Form I-221, Order to Show Cause and Notice of Hearing;
Form I-221S, Order to Show Cause, Notice of Hearing, and Warrant of Arrent of Aliens;
Form I-766, Employment Authorization Document (EAD);
Form I-862, Notice to Appear, for those noncitizens against whom removal proceedings are being instituted;
Form I-863, Notice of Referral to Immigration Judge, for those noncitizens against whom removal proceedings are being instituted;
Valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport;
Proof of Registration upon submission of Form G-325R and completion of biometrics

NOTICE: Failure to carry evidence of the registration is a misdemeanor punishable by a fine of up to $5,000 or imprisonment for not more than thirty days, or both. 8 U.S.C. 1304(e); 18 U.S.C. 3559(a)(8), 3571(b)(6).

#3: Address Update Requirement

Each alien required to be registered under the alien registration requirements of the INA who is within the United States must notify DHS in writing of each change of address and new address within ten (10) days from the date of such change and provide the address change pursuant to the instructions as provided by USCIS. 8 CFR 265.1.

The address reporting requirement does not apply to A and G visa holders and visa waiver visitors.

The USCIS directs that every alien must update the address change by submitting a Form AR-11. See https://uscis.gov/ar-11 . The USCIS encourages you to submit your change of address through a  USCIS online account .

You also may submit a paper Form AR-11 by mail to report your change your address. This meets the legal requirement to notify USCIS of a change of address. However, because filing a paper-based Form AR-11 does not provide an automated update to your address in USCIS systems, the USCIS strongly encourages aliens to use the self-service change of address tool available in their USCIS online account when reporting a change of address.

You can find detailed information about how to change an address, including special instructions for specific populations, on the  How to Change Your Address  page.

If you have already updated your address using AR-11 or online via your USCIS online portal, no further action is required. However, if you do not remember if you had ever submitted AR-11, or updated your address through your USCIS online account, it may be prudent to update your address just in case. When you update the address using AR-11, you should keep a copy of the AR-11 and the mailing for your record. If you do update your address at uscis.gov account, you should save a copy for your record.

NOTE: Failure to update the address is a misdemeanor punishable by a fine of up to $5,000 or imprisonment for not more than thirty days, or both. 8 U.S.C. 1306(b); 18 U.S.C. 3559(a)(8), 3571(b)(6). In addition, any alien who has failed to comply with the change-of-address notification requirements is deportable unless the alien establishes that such failure was reasonably excusable or was not willful. See 8 U.S.C. 1227(a)(3)(A).

FAQ

CAN I WITHDRAW PREMIUM PROCESSING REQUEST?

Sun, 08 Dec 2024 19:42:09 GMT

We have a situation in which an employer initially decided to submit a premium processing request to upgrade a regularly filed I-140 immigrant visa petition that has been pending for some time. After filing the premium processing request, the employer decided to withdraw the premium processing request. The USCIS terminated the premium processing request and refunded the filing fee to the employer.