8 CFR Part 264 — Registration and Fingerprinting of Aliens in the United States

PART 264—REGISTRATION AND FINGERPRINTING OF ALIENS IN THE UNITED STATES Authority: 8 U.S.C. 1103, 1201, 1302-1305; 8 CFR part 2. § 264.1 Registration and fingerprinting. (a) Prescribed 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. Form No. and Class 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; and aliens granted permission to depart without the institution of deportation or removal 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. DSP-150, B-1/B-2 Visa and Border Crossing Card or its successor form, or its predecessor form—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. I-860, Notice and Order of Expedited Removal—Aliens who have been determined to be inadmissible under section 212(a)(6)(C) or (7) of the Immigration and Nationality Act, as amended, and ordered removed under section 235(b)(1) of the Immigration and Nationality Act, as amended. I-862, Notice to Appear—Aliens against whom removal proceedings are being instituted. I-863, Notice of Referral to Immigration Judge—Aliens against whom removal proceedings are being instituted. I-871, Notice of Intent/Decision to Reinstate Prior Order—Aliens who reentered the United States illegally and whose prior order of removal has been reinstated under section 241(a)(5) of the Immigration and Nationality Act, as amended. USCIS Proof of Alien G-325R Registration, or its successor form. CBP-approved document or its electronic equivalent for the Trusted Traveler Programs NEXUS, SENTRI, FAST, and Global Entry—Aliens who were last admitted to the United States through NEXUS, SENTRI, FAST, or Global Entry facilitated processing. (c) Replacement of alien registration. (d) Surrender of registration. (e) Fingerprinting waiver. (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. (1) Permanent residents. (2) Others. [25 FR 10495, Nov. 2, 1960] Editorial Note: For Federal Register www.govinfo.gov. § 264.2 Application for creation of record of permanent residence. (a) Jurisdiction. (b) Applicant under eighteen years old. (c) Filing application Presumption of lawful admission for permanent residence. (i) A completed Form I-485, with the fee required in 8 CFR 106.2 and any initial evidence required on the application form and in this section. (ii) Form G-325A, Biographic Information. (iii) [Reserved] (iv) A list of all the applicant's arrivals in and departures from the United States. (v) A statement signed by the applicant indicating the basis of the applicant's claim to presumption of lawful admission for permanent residence. (vi) Documentary evidence substantiating the applicant's claim to presumption of lawful admission for permanent residence, including proof of continuous residence in the United States. (vii) Two photographs prepared in accordance with the specifications outlined in the instructions on the application form. The immigration officer to whom the application is submitted, however, may waive the photographs for just cause. (2) Lawful permanent residence as a person born in the United States to a foreign government employee. (i) A completed Form I-485, with the fee required in 8 CFR 106.2 and any initial evidence required in this application form and in this section. (ii) Form G-325A, Biographic Information. (iii) [Reserved] (iv) The applicant's birth certificate. (v) An executed Form I-508, Waiver of Rights, Privileges, Exemptions, and Immunities, if applicable. (vi) Official confirmation of the applicant's parent's foreign government employment, including occupational title and, if applicable, diplomatic classification at the time of the applicant's birth. (vii) A list of all the applicant's arrivals in and departures from the United States. (viii) Proof of continuous residence in the United States. (ix) Two photographs prepared in accordance with the specifications outlined in the instructions on the application form. The immigration officer to whom the application is submitted, however, may waive the photographs for just cause. (3) Applicant under fourteen years old. (d) Fingerprinting. (e) Personal appearance. (f) Interview. (g) Decision. (h) Date of record of lawful permanent residence Presumption of lawful admission for permanent residence. (2) Lawful permanent residence as a person born in the United States to a foreign government employee. (i) Denied application. (Secs. 101(a)(20), 103, 262, 264 of the Immigration and Nationality Act, as amended; 8 U.S.C. 1101(a)(20), 1103, 1302, 1304) [47 FR 941, Jan. 8, 1982, as amended at 58 FR 48779, Sept. 20, 1993; 63 FR 12987, Mar. 17, 1998; 74 FR 26940, June 5, 2009; 76 FR 53795, Aug. 29, 2011; 85 FR 46927, Aug. 3, 2020; 91 FR 57257, Sept. 9, 2026; 91 FR 58575, Sept. 16, 2026] § 264.4 [Reserved] § 264.5 Application for a replacement Permanent Resident Card. (a) Filing instructions. (b) Permanent residents required to file. (1) When the previous card has been lost, stolen, or destroyed; (2) When the existing card will be expiring within six months; (3) When the existing card has been mutilated; (4) When the bearer's name or other biographic information has been legally changed since issuance of the existing card; (5) When the applicant is taking up actual residence in the United States after having been a commuter, or is a permanent resident taking up commuter status; (6) When the applicant has been automatically converted to permanent resident status; (7) When the previous card was issued but never received; (8) When the bearer of the card reaches the age of 14 years, unless the existing card will expire prior to the bearer's 16th birthday; or (9) If the existing card bears incorrect data on account of Service error. (c) Other filings by a permanent resident. (2) A permanent resident may apply on the designated form to replace any edition of the Permanent Resident Card for any other reason not specified in paragraphs (b) and (c)(1) of this section. (d) Conditional permanent residents required to file. (1) To replace a card that was lost, stolen, or destroyed; (2) To replace a card that was issued but never received; (3) Where the prior card has been mutilated; (4) Where the prior card is incorrect on account of Service error; or (5) Where his or her name or other biographic data has changed since the card was issued. (e) Supporting documentation. (2) A request to replace a Permanent Resident Card filed pursuant to paragraph (b)(4) of this section must include evidence of the name change such as a court order or marriage certificate. (3) A request to replace a Permanent Resident Card in order to change any other biographic data on the card must include documentary evidence verifying the new data. (f) Decision. (g) Eligibility for evidence of permanent residence while in deportation, exclusion, or removal proceedings. (h) Temporary evidence of registration. (i) Waiver of requirements. [58 FR 48779, Sept. 20, 1993, as amended at 59 FR 1466, Jan. 11, 1994; 59 FR 33905, July 1, 1994; 63 FR 12987, Mar. 17, 1998; 63 FR 70316, Dec. 21, 1998; 65 FR 57724, Sept. 26, 2000; 74 FR 26940, June 5, 2009; 76 FR 53795, Aug. 29, 2011; 85 FR 46927, Aug. 3, 2020; 89 FR 6399, Jan. 31, 2024; 91 FR 39332, June 29, 2026] § 264.6 Application for a nonimmigrant arrival-departure record. (a) Eligibility. (1) Seeks to replace a lost or stolen record; (2) Seeks to replace a mutilated record; or (3) Was not issued an arrival-departure record pursuant to 8 CFR 235.1(h)(1)(i), (iii), (iv), or (v) when last admitted as a nonimmigrant, and has not since been issued such record but now requires one. (b) Application. (c) Processing. [76 FR 53795, Aug. 29, 2011, as amended at 85 FR 46927, Aug. 3, 2020; 91 FR 39332, June 29, 2026]

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