Special Registration : Phase 3 - Armenia, Pakistan, Saudi Arabia
Posted Dec 20, 2002

The Attorney General announced on December 16, 2002 the addition of three countries to the National Security Entry-Exit Registration System (NSEERS). This is the third group of countries included within the "call in" registration program. The third phase of the registration applies to male nationals and citizens, 16 years old or older, of Armenia, Pakistan, and Saudi Arabia who entered the U.S. as nonimmigrants on or before September 30, 2002 and who will remain until at least February 21, 2003. The requirement applies to those males born on or before January 13, 1987.

Earlier MurthyBulletin coverage of each of the first two phases of Special Registration is available on MurthyDotCom in our articles Special Registration Greatly Expanded December 16, 2002 Deadline, from (Nov 15, 2002) and Special Registration: Second Phase - 13 Additional Countries (Nov 29, 2002). The program initially began as a registration for certain persons entering the U.S. For additional information on these matters, see these articles, all available on MurthyDotCom: Nonimmigrant Registration for Selected New Arrivals (Sept 13, 2002); INS Special Registration Information (Sept 20, 2002); and Special Registration Departure Requirements (Oct 18, 2002). The earlier registrations applied to nationals and citizens of Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, The United Arab Emirates, Yemen, Iran, Iraq, Libya, Sudan, and Syria. Deadlines for these registrations have passed.

What is Required

All individuals subject to the latest registration must go to a designated INS office for registration, which includes photographing, fingerprinting, and a sworn interview. This must be completed between January 13, 2003 and February 21, 2003.

There is an additional annual registration requirement, to occur within ten days of the anniversary date of registration. Those subject to registration will need to notify the INS regarding changes of address, employment, or school using a special address form, AR-11 SR. This is different from the AR-11 used by all others to notify the INS of address changes.

Subject individuals must depart the U.S. only at designated ports.

Penalties

Individuals who do not comply with these registration requirements will be regarded as out of status and will be deportable from the U.S. Failure could lead to future immigration problems and denials of benefits.

Exceptions

The requirement applies to nonimmigrants only. Permanent residents and U.S. citizens are not required to register, regardless of country of origin. Refugees, asylees, and asylum applicants filing before December 16, 2002 are exempt. Diplomats and International Organization representatives and their employees are exempt, as well as their dependants. Persons who have dual citizenship, for whom one of the countries of citizenship is a listed country and the other country is not the U.S., must register.

Where to Go

It is necessary to go to the designated INS District or Sub-Office closest to one's residence in the U.S. The list is available on the INS WebSite and through the National Customer Service Center <1.800.375.5283> or TTY <1.800.767.1833> for the hearing impaired. There are no appointments but it is recommended that individuals come in the morning. The INS states that people will be seen on a same-day basis. The office hours and days of operation are available on the INS WebSite and through the telephone number listed above. Most INS offices are open Monday through Friday, except Federal Holidays.

What to Do

At the INS one needs to state that his purpose for being there is for "Special Registration." It will be necessary to have proof of identity, such as a passport. An INS officer will conduct an interview, as well as take photos and fingerprints. It will be necessary to have a passport, Form I-94 (Arrival / Departure record) and any other government-issued forms of identification. It will also be necessary to bring proof of residence or school attendance. The INS suggests leases, rental agreements, and utility bills for those living in the U.S. Those visiting and staying with friends could bring a postmarked envelope or bill directed to them at that address. Those employed in the U.S. could bring pay stubs, employment contracts, etc. Students can bring class schedules, report cards, student ID cards and the like.

The questioning can extend to matters of national security or law enforcement. There may be more than one officer called to ask questions. Translators are recommended, if needed. Parents may accompany children under 18. Lawyers are being allowed at some INS offices. There initially were some problems encountered in this regard.

Documentation Issued

The INS will note the I-94 to indicate completion of the process. Some INS offices were failing to make this notation. Persons with lost I-94s may file for a replacement at the interview, at a cost of $85.00.

Missed Deadlines

The Notice regarding this registration did not contain information as to what to do if the deadline is missed. The first registration announcement stated that individuals who miss the deadline need to go to the INS as soon as they discover the error. The INS will determine whether the violation was willful. The individual should bring any available documentation of the reason for not appearing by the deadline. Presumably, this instruction still applies.

Due to the short timeframes, it may be important to share this information with anyone who could be subject to the requirement or who may have family or friends subject to the requirement. This could help many, who might not otherwise learn of the requirement within the one-month window of time, to avoid serious problems.

Other Details

The procedures followed vary from location to location. AILA has compiled a list of the procedures at the various INS offices, largely based upon actual experiences of AILA attorneys and their clients. Generally, individuals who are out of status are being referred to investigations. The actions taken by the INS with respect to these individuals has not been uniform. The length and detail of the interviews and the time at INS has varied from 30 minutes to many hours.