(a) Prescribed registration forms. The following forms are prescribed as registration forms:
Form No. and Class
G-325R, Biographic Information (Registration), or its successor form.
I-94/94A/94W, Arrival-Departure Record—Aliens admitted as nonimmigrants; aliens paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act; aliens lawfully admitted to the United States for permanent residence who have not been registered previously; aliens who are granted permission to depart without the institution of deportation or removal proceedings or against whom deportation or removal proceedings are being instituted.
I-95, Crewmen's Landing Permit—Crewmen arriving by vessel or aircraft.
I-181, Memorandum of Creation of Record of Lawful Permanent Residence—Aliens born to an alien lawfully admitted for permanent residence during a temporary visit abroad admitted without a visa under 8 CFR 211.1(b).
I-485, Application to Register Permanent Residence or Adjust Status, or its predecessor or successor form—Applicants under sections 245 and 249 of the Immigration and Nationality Act as amended, and section 13 of the Act of September 11, 1957.
I-590, Registration for Classification as Refugee or its successor form, or its predecessor form—Applicants under section 207 of the INA and Refugee-escapees paroled pursuant to section 1 of the Act of July 14, 1960.
I-687, Application for Status as a Temporary Resident—Applicants under section 245A of the Immigration and Nationality Act, as amended.
I-698, Application to Adjust Status from Temporary to Permanent Resident—Applicants under section 245A of the Immigration and Nationality Act, as amended.
I-817, Application for Family Unity Benefits or its successor form, or its predecessor form.(b) Evidence of registration. The following forms constitute evidence of registration:
Form No. and Class
I-94, Arrival-Departure Record—Aliens admitted as nonimmigrants; aliens paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act; aliens whose claimed entry prior to July 1, 1924, cannot be verified, they having satisfactorily established residence in the United States since prior to July 1, 1924; and aliens granted permission to depart without the institution of deportation proceedings.
I-95, Crewmen's Landing Permit—Crewmen arriving by vessel or aircraft.
I-184, Alien Crewman Landing Permit and Identification Card—Crewmen arriving by vessel.
I-185, Nonresident Alien Canadian Border Crossing Card—Citizens of Canada or British subjects residing in Canada.
I-186, Nonresident Alien Mexican Border Crossing Card—Citizens of Mexico residing in Mexico.
I-221, Order to Show Cause and Notice of Hearing—Aliens against whom deportation proceedings are being instituted.
I-221S, Order to Show Cause, Notice of Hearing, and Warrant for Arrest of Alien—Aliens against whom deportation proceedings are being instituted.
I-551, Permanent Resident Card—Lawful permanent resident of the United States.
I-766, Employment Authorization Document.
Form I-862, Notice to Appear—Aliens against whom removal proceedings are being instituted.
Form I-863, Notice of Referral to Immigration Judge—Aliens against whom removal proceedings are being instituted.
USCIS Proof of Alien G-325R Registration, or its successor form.(c) Replacement of alien registration. Any alien whose registration document is not available for any reason must immediately apply for a replacement document in the manner prescribed by USCIS.
(d) Surrender of registration. If an alien is naturalized, dies, permanently departs, or is deported from the United States, or evidence of registration is found by a person other than the one to whom such evidence was issued, the person in possession of the document shall forward it to a USCIS office.
(e) Fingerprinting waiver. (1) Fingerprinting is waived for nonimmigrant aliens admitted as NATO representatives, officers, and employees pursuant to 8 CFR 214.2(s)(1)(i)(A) and (B) (excluding the attendants, servants, or personal employees of such nonimmigrants under 8 CFR 214.2(s)(1)(i)(C)) while they maintain such nonimmigrant status.
(2) Fingerprinting is waived for aliens who are holders of diplomatic visas as defined in section 101(a)(11) of the Act and 22 CFR 41.26(a)(2) (other than those issued under section 101(a)(15)(A) and (G) of the Act who are exempt from the registration and fingerprinting requirements under section 263(b) of the Act) admitted on the basis of such visas while they maintain such nonimmigrant status.
(3) Fingerprinting is waived for nonimmigrant aliens, while they maintain nonimmigrant status, who are nationals of countries which do not require fingerprinting of United States citizens temporarily residing therein.
(4) Fingerprinting is waived for every nonimmigrant alien not included in paragraphs (e)(1) through (3) of this section who departs from the United States within one year of his or her admission, provided he or she maintains his or her nonimmigrant status during that time; each such alien not previously fingerprinted shall apply therefor at once if he or she remains in the United States in excess of 1 year.
(5) Every nonimmigrant alien not previously fingerprinted shall apply therefor at once upon his or her failure to maintain his or her nonimmigrant status.
(f) [Reserved]
(g) Registration and fingerprinting of children who reach age 14. Within 30 days after reaching the age of 14, any alien in the United States not exempt from alien registration under the Act and this chapter, or otherwise by law, must apply for registration and fingerprinting, unless fingerprinting is waived under paragraph (e) of this section, in accordance with applicable form instructions.
(1) Permanent residents. If such alien is a lawful permanent resident of the United States and is temporarily absent from the United States when he or she reaches the age of 14, he or she must apply for registration within 30 days of his or her return to the United States in accordance with applicable form instructions and with the fee specified in 8 CFR 106.2 to replace a permanent resident card The alien must surrender any prior evidence of alien registration, and USCIS will issue the alien new evidence of alien registration.
(2) Others. In the case of an alien who is not a lawful permanent resident, the alien's previously issued registration document will be noted to show that he or she has been registered and the date of registration.
[25 FR 10495, Nov. 2, 1960]
Editorial Note:For Federal Register citations affecting § 264.1, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.
Notes of Decisions
Cited in
41
cases, 1961–2018 · leading case:
Rajah v. Mukasey, 544 F.3d 427 (2d Cir. 2008).
Rajah v. Mukasey, 544 F.3d 427 (2d Cir. 2008).
· cites it 3× “See 8 C.F.R. § 264.1 (f)(4). The Enabling Regulation was subjected to notice and comment procedures.”
Mohammed Nasir Khan v. Attorney Gen. of the United States, 448 F.3d 226 (3rd Cir. 2006).
“First, the alien's prospective employer must file an application for Labor Certification (Form ETA-750) with the DOL, which refers the petition to the appropriate state-level authority, such as the Pennsylvania Department of Labor.”
Guadalupe Campos v. United States, 888 F.3d 724 (5th Cir. 2018).
“3 Campos's counsel cited 8 C.F.R. § 264.1 (b). That regulation is entitled "Registration and fingerprinting," lists forms, and states that these "forms constitute evidence of registration.”
Tampubolon v. Holder, 610 F.3d 1056 (9th Cir. 2010).
“2008); see also 8 C.F.R. § 264.1 (f)(4) (2003) (enabling regulation for the NSEERS program).”
Husni El-Gazawy v. Eric Holder, Jr., 690 F.3d 852 (7th Cir. 2012).
“§§ 1227 (a)(3)(A) and 1305, and 8 C.F.R. § 264.1 (f)(4). At his first hearing before an Immigration Judge (“IJ”) on October 26, 2006, El-Gazawy was represented by a lawyer named Omar Abuzir.”
Kandamar v. Gonzales, 464 F.3d 65 (1st Cir. 2006).
“While the special registration regulations authorize the government to require the immigrant to provide “information or documentation confirming compliance with his or her visa and admission,” 8 C.F.R. § 264.1 (f)(4)(h), which presumably includes the passport, they do not…”
United States v. John Doe, (Juv.), 701 F.2d 819 (9th Cir. 1983).
“See also 8 C.F.R. § 264.1 (f) (1982). 5 . The statute used to read in pertinent part: Whenever a juvenile is arrested for an il-leged [sic] violation of any law of the United States, the arresting officer shall immediately notify the Attorney General.”
United States v. Amaya-Manzanares, 377 F.3d 39 (1st Cir. 2004).
“See 8 C.F.R. § 264.1 (b) (2004). The card differs from the alien registration card — the so-called “green card” — available to aliens who are legal permanent residents.”
— 8 C.F.R. § 264.1(a) — 2 cases
Yau, 14 I. & N. Dec. 630 (BIA 1974).
Chen, 15 I. & N. Dec. 480 (BIA 1975).
— 8 C.F.R. § 264.1(b) — 2 cases
— 8 C.F.R. § 264.1(c) — 2 cases
— 8 C.F.R. § 264.1(f)(4) — 1 case
Rajah v. Mukasey, 544 F.3d 427 (2d Cir. 2008).
“See 8 C.F.R. § 264.1 (f)(4). The Enabling Regulation was subjected to notice and comment procedures.”
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