Special Registration Greatly Expanded, Dec 16, 2002 Deadline
Posted Nov 15, 2002

The INS has instituted a special registration for citizens and nationals of Iran, Iraq, Libya, Sudan, and Syria. The special registration applies to male nationals and citizens of these five countries who entered the U.S. as nonimmigrants on or before September 10, 2002 and who will remain in the U.S. until at least December 16, 2002. (As regular readers of the MurthyBulletin and MurthyDotCom are aware, nonimmigrants are persons in the U.S. on a temporary basis, such as B-1 or B-2 visitors, F-1 students, H1B or L-1 workers, etc.) Children under 16 are exempt. The requirement applies to those males born on or after November 15, 1986. This requirement is an expansion of the Special Registration requirements for persons entering the U.S., as covered in our articles, Nonimmigrant Registration for Selected New Arrivals (Sept 13, 2002), INS Special Registration Information (Sept 20, 2002), and Special Registration Departure Requirements (Oct 18, 2002) – all available on MurthyDotCom.

The INS or the school has reportedly sent numerous certified notices, particularly to students, regarding this new registration requirement. However, this requirement applies to all individuals who meet certain criteria, whether specifically notified or not.

What is Required

All individuals subject to the registration requirement must go to a designated INS office for registration. The registration procedure includes photographing, fingerprinting, and a sworn interview, and must be completed between November 15 and December 16, 2002. Further details are included in this article.

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 not the regular AR-11 used by all others to notify the INS of address changes.

Persons subject to the registration requirement must use only designated ports when departing the U.S.

Penalties

Individuals who do not comply will be regarded as out of status and will be removable or deportable from the U.S. Failure to register could also lead to other types of immigration problems and benefits denials.

Exceptions

The requirement applies to nonimmigrants only. U.S. permanent residents or U.S. citizens are not required to register, regardless of their country of origin. Refugees and asylees are exempt, as are persons who applied for asylum prior to November 6, 2002. Diplomats and International Organization representatives and employees of such organizations on the A or G visa classification are also exempt, as well as their dependents.

Special Categories :

1) Dual Citizens : Those claiming dual citizenship with a listed country and a non-listed country (other than the U.S.) must register. Individuals with pending applications for adjustment of status (Form I-485) must register.

2) TPS : Those with Temporary Protected Status (TPS) must still register, if last admitted to the U.S. as nonimmigrants on or before September 10, 2002.

3) EWI : In an ironic twist, it appears those who entered without inspection (EWI) are not subject to the Special Registration. Rather, the requirements apply only to persons who were inspected and admitted as nonimmigrants.

Where to Register

It is necessary to register at 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 on the INS WebSite and through the telephone number listed above. Most INS offices are open Monday through Friday, except Federal Holidays, such as Thanksgiving.

How to Register

At the INS, persons should indicate that they are there for Special Registration. 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, proof of residence, and documentation of employment 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 and the like. Students can bring class schedules, report cards, student ID cards, etc.

The questioning can extend to matters of national security or law enforcement. There may be more than one officer called to question the registrant. Translators are recommended, if needed. Parents may accompany children under 18. Lawyers are permitted to be present.

Documentation Issued

The INS will put a note on the I-94 to indicate completion of the process. Persons with lost I-94s may file for a replacement at the interview. The current filing fee for the I-94 replacement application is $85.00.

Missed Deadline

If an individual misses the December 16, 2002 deadline, he will need to go to the INS as soon as he discovers his error. The INS will determine whether the violation was willful. The individual should bring any available documentation of the reason for his not appearing by the deadline.

This registration requirement raises policy issues and questions as to how the INS will possibly accommodate the sheer volume of registrants in a one-month time period. While the INS says that people will be registered on a same-day, walk-in basis, many INS offices have difficulty handling the current workload. This new program may be an overwhelming burden for local INS offices, particularly in areas with high populations from the subject countries. There has been no information released regarding whether the INS is cutting back or eliminating other functions in order to complete registrations within the limited timeframe.