Special Registration : Second Phase - 13 Additional Countries
Posted Nov 29, 2002
The Attorney General announced on November 22, 2002 the Second Phase of National Security Entry-Exit Registration System (NSEERS). The newly expanded registration applies to male nationals and citizens of thirteen additional countries who entered the U.S. as nonimmigrants on or before September 30, 2002 and who will remain until, at least, January 10, 2002. Children under 16 are exempt. The requirement applies to those males born on or before December 2, 1986. The subject countries are: Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, The United Arab Emirates, and Yemen.
This requirement is an expansion of the Special Registration requirements that originally applied only to five countries, as described in our Nov 15, 2002 MurthyBulletin article, Special Registration Greatly Expanded, December 16, 2002 Deadline. The earlier phase of the program was a registration for certain persons upon arrival from abroad. MurthyBulletin covered these matters in our articles, Nonimmigrant Registration for Selected New Arrivals (Sep 13, 2002), Special Registration Departure Requirements (Oct 18, 2002) and INS Special Registration Information (Sept 20, 2002).
What is Required
All individuals subject to the requirement must go to a designated INS office for registration. The process includes photographing, fingerprinting, and a sworn interview and must be completed between December 2, 2002 and January 10, 2002.
There is an additional annual registration requirement, to occur within ten days of the anniversary date of registration. Those subject to registration will also 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.
When departing the U.S., such persons must exit only at designated ports.
Penalties
Individuals who do not comply will be regarded as out of status and will be deportable from the U.S. Therefore, failure to register 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 who filed their applications before November 22, 2002 are exempt. Diplomats and International Organization representatives and employees are exempt, as well as their dependents. Persons who have dual citizenship, if 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 on the INS WebSite and through the phone number listed above. Most INS offices are open Monday through Friday, except federal holidays, such as Thanksgiving.
What to Do
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 ask questions. Translators are recommended, if needed. Parents may accompany children under 18 years of age. It is permissible to be accompanied by an attorney.
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 Deadlines
The Notice regarding this registration did not contain information on what to do if the deadline is missed. The previous announcement said that those who missed the deadline should 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 and the lack of coverage in the general news media, it is important to share this information with any friends or colleagues who may be subject to the requirement or who may have family or friends subject to the requirement. Distributing the information may help to avoid serious problems for many who may not learn of this requirement within the narrow, one-month window of time to register.
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