|
|
|
|
| Special Registration update: Pakistan and Saudi Arabia added |
| published 18 December 2002 |
|
The Department of Justice (DOJ) has established three groups of nonimmigrants who are subject to "call in" special registration. In addition to these groups, there is a much larger group of nonimmigrants who are subject to special registration, as triggered by arrival or departure from the United States. Please read this entire Alert for complete details on both "call in" and arrival/departure Special Registration. "CALL IN" GROUP III On December 16, DOJ published a third Notice, effective January 13, 2003, "calling in" certain additional non-immigrants to appear in person and register at a designated local Immigration & Naturalization Service (INS) district office. All designated offices are listed below. This special registration is required on or before February 21, 2003 and requires registration of nationals and citizens (including those holding dual nationality) of: Pakistan or Saudi Arabia, who:
(Note: Armenia was originally included in this "call in" group but was then deleted.) "CALL IN" GROUP II: On November 22, 2002, DOJ published a second Notice effective December 2, 2002, "calling in" certain nonimmigrants to appear in person and register at a designated local INS District Office - all designated offices are listed below. This special registration is required on or before January 10, 2003 and requires registration of nationals and citizens (including dual nationals/citizens) of: Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, United Arab Emirates, Yemen, who:
"CALL IN" GROUP I: On November 6, 2002, DOJ published its first Notice effective November 15, 2002, "calling in" certain nonimmigrants to appear in person and register at the INS offices listed below. This special registration is required on or before December 16, 2002 and requires registration of nationals or citizens (including dual nationals/citizens) of: Iran, Iraq, Libya, Sudan or Syria, who:
The deadline for "Call In" Group I special registration has passed. Nonimmigrants who were required to report but who did not report may be registered at INS discretion, if an INS officer and his or her supervisor determine that the failure to register in a timely manner was "reasonably excusable" or was not "willful". A recent INS memo provides the following examples: hospitalization, severely limited mobility, or lack of awareness of the requirement. However, note that if INS determines that the failure was not reasonably excusable, or was willful, such nonimmigrants could be placed in removal (deportation) proceedings. We anticipate that it will be more difficult for a nonimmigrant represented by immigration counsel to establish lack of awareness of the requirement. ARRIVAL/DEPARTURE SPECIAL REGISTRATION On August 12, 2002, DOJ published regulations effective October 1, 2002, establishing the broader system of special registration on arrival or departure from the U.S.:
On September 6, 2002, DOJ published a Notice effective September 11, 2002, making all nonimmigrants who are (or who an officer has reason to believe are) nationals or citizens of Iran, Iraq, Libya, Sudan and Syria, subject to special registration on admission. In a September 5, 2002 policy memorandum, INS described more ways in which a nonimmigrant can be made subject to special registration, including "officer discretion", "pre-existing criteria," and travel that is "not well explained." The memo also specifically identified male nonimmigrants between ages 16 and 45, who are (or who an officer has reason to believe are) citizens or nationals of Pakistan, Saudi Arabia, and Yemen as meeting "pre-existing criteria" for special registration. Note that given the broad discretion and vague criteria stated in this memo, any nonimmigrant could be made subject to special registration. INS DISTRICT OFFICE PROCEDURES AND REQUIRED DOCUMENTS Nonimmigrants reporting to an INS District Officer for special registration, whether due to a "call in" Notice, the requirement to special register with INS within 30-40 days of admission, or the requirement to special register annually within 10 days of annual mark of initial admission or initial District Office registration, MUST report to an INS office in a timely manner, be prepared to answer questions under oath from an INS officer, and present:
INS will interview, photograph, and fingerprint registrants, and will note registrants' compliance on their I-94 cards and on its database. It is important to make a copy of your Form I-94 for your records after it is annotated. If you appear for registration and you are advised you are not required to register, be sure that your I-94 is also marked to indicate this and that you make a copy of your Form I-94. Registrants do have the right to have an interpreter and/or counsel with them. INS officers do however have the discretion to detain nonimmigrants and place them in removal (deportation) proceedings, for reasons such as but not limited to, being out of status, or a law enforcement "hit" upon doing a security check. ANNUAL REGISTRATION Nonimmigrants subject to "call in" or arrival/departure based special registration will be required to comply with annual reporting requirements where they must report again to the INS office within 10 days on either side of the anniversary of the date on which they were initially registered. CHANGE OF ADDRESS, JOB OR SCHOOL In addition, changes of address, job or school, must be reported within 10 days using Form AR11SR (not AR11). See our website's special registration webpage and our Change of Address FAQ memo for details. WHO IS EXEMPTED? Special registration does NOT apply to:
Significantly, and despite an INS press release stating that Canadian citizens may not be affected, dual citizens or dual nationals are NOT exempted from special registration. PENALTIES FOR NON COMPLIANCE Penalties for failure to comply timely with this new registration requirement include:
WAIVER Affected nonimmigrants who believe they should be exempted from special registration requirements may apply to their local INS District Office for relief from the requirement. RESOURCES & CAVEATS Please refer to our web site: www.jackson-hertogs.com and the INS website: www.ins.doj.gov for updates on Special Registration. We anticipate that new call-in requirements may be implemented as INS grapples with the number of individuals appearing to register and as new groups are added. It is your responsibility to make sure that you timely report to the INS to register. Our office, your employer and your school will not be able to track your reporting compliance or to remind you of the annual reporting date. We urge you to keep copies of the Form I-94 annotation showing your special registration for every admission, every periodic reporting to your INS District Office, any AR11SR forms submitted, and any other correspondence/information received or submitted to INS. Designated INS interviewing offices for special registration ALASKA--Anchorage, 620 East 10th Avenue, Anchorage, Alaska 99501 ARIZONA--Phoenix, 2035 North Central Avenue, Phoenix, Arizona 85004 ARIZONA--Tucson, 6431 South Country Club Road, Tucson, Arizona 85706-5907 ARKANSAS--Fort Smith, 4991 Old Greenwood Road, Fort Smith, Arkansas 72903 CALIFORNIA--Fresno, 865 Fulton Mall, Fresno, California 93721 CALIFORNIA--Los Angeles, 300 North Los Angeles Street, Room 2024, Los Angeles, California 90012 CALIFORNIA--Sacramento, 650 Capitol Mall, Sacramento, CA 95814 CALIFORNIA--San Bernardino, 655 West Rialto Avenue, San Bernardino, California 92410 CALIFORNIA--San Diego, 880 Front Street, Suite 1209, San Diego, California 92101 CALIFORNIA--San Francisco, 444 Washington Street, San Francisco, California 94111 CALIFORNIA--San Jose, 1887 Monterey Road, San Jose, California 95112 CALIFORNIA--Santa Ana, 34 Civic Center Plaza, Santa Ana, California 92701 COLORADO--Denver, 4730 Paris Street, Denver, CO 80239 CONNECTICUT--Hartford, 450 Main Street, 4th Floor, Hartford, Connecticut 06103 FLORIDA--Jacksonville, 4121 Southpoint Boulevard, Jacksonville, Florida 32216 FLORIDA--Miami, 7880 Biscayne Boulevard, Miami, Florida 33138 FLORIDA--Orlando, 9403 Tradeport Drive, Orlando, Florida 32827 FLORIDA--Tampa, 5524 West Cypress Street, Tampa, Florida 33607-1708 FLORIDA--West Palm Beach, 301 Broadway, Riviera Beach, Florida 33401 GEORGIA--Atlanta, 77 Forsyth Street, SW., Atlanta, Georgia 30303 GUAM--Agana, Sirena Plaza, Suite 100, 108 Hernan Cortez Avenue, Hagatna, Guam 96910 HAWAII--Honolulu, 595 Ala Moana Boulevard, Honolulu, Hawaii 96813 IDAHO--Boise, 1185 South Vinnell Way, Boise, Idaho 83709 ILLINOIS--Chicago, 230 South Dearborn, 2nd Floor, Chicago, Illinois 60604 INDIANA--Indianapolis, 950 N. Meridian Street, Room 400, Indianapolis, Indiana 46204 IOWA--Des Moines, 210 Walnut Street, Room 369, Des Moines, Iowa 50309 KANSAS--Wichita, 271 West 3rd Street North, Suite 1050, Wichita, Kansas 67202-1212 KENTUCKY--Louisville, 601 West Broadway, Room 390, Louisville, Kentucky 40202 LOUISIANA--New Orleans, 701 Loyola Avenue, New Orleans, Louisiana 70113 MAINE--Portland, 176 Gannet Drive, South Portland, Maine 04106 MARYLAND--Baltimore, 31 Hopkins Place, Baltimore, Maryland 21201 MASSACHUSETTS--Boston, Government Center, JFK Federal Building, Boston, Massachusetts 02203 MICHIGAN--Detroit, 333 Mount Elliot Street, Detroit, Michigan 48207-4381 MINNESOTA--Minneapolis, 2901 Metro Drive, Suite 100, Bloomington, Minnesota 55425 MISSOURI--Kansas City, 9747 Northwest Conant Avenue, Kansas City, Missouri 64153 MISSOURI--St. Louis, 1222 Spruce Street, St. Louis, Missouri 63103 MONTANA--Helena, 2800 Skyway Drive, Helena, Montana 59601 NEBRASKA--Omaha, 3736 South 132nd Street, Omaha, Nebraska 68144 NEVADA--Las Vegas, 3373 Pepper Lane, Las Vegas, NV 89120-2739 NEVADA--Reno, 1352 Corporate Boulevard, Reno, Nevada 85902 NEW HAMPSHIRE--Manchester, 803 Canal Street, Manchester, New Hampshire 03101 NEW JERSEY--Cherry Hill, 1886 Greentree Road, Cherry Hill, New Jersey 08003 NEW JERSEY--Newark, 970 Broad Street, Newark, New Jersey 07102 NEW MEXICO--Albuquerque, 1720 Randolph Road SE, Albuquerque, New Mexico 87106 NEW YORK--Albany, 1086 Troy-Schenectady Road, Latham, New York 12110 NEW YORK--Buffalo, 130 Delaware Avenue, Buffalo, New York 14202 NEW YORK--Garden City, 711 Stewart Avenue, Garden City, New York 11530 NEW YORK--New York City, 26 Federal Plaza, New York, New York 10278 NORTH CAROLINA--Charlotte, 210 E. Woodlawn Road, Building 6, Suite 138, Charlotte, North Carolina 28217 OHIO--Cincinnati, 550 Main Street, Room 4001, Cincinnati, Ohio 45202 OHIO--Cleveland, 1240 East Ninth Street, Cleveland, Ohio 44199 OHIO--Columbus, 50 West Broad Street, Suite 304D, Columbus, Ohio 43215 OKLAHOMA--Oklahoma City, 4149 Highline Boulevard, Suite 300, Oklahoma City, Oklahoma 73108 OREGON--Portland, 511 Northwest Broadway, Portland, Oregon 97209 PENNSYLVANIA--Philadelphia, 1600 Callowhill Street, Philadelphia, Pennsylvania 19130 PENNSYLVANIA--Pittsburgh, 1000 Liberty Avenue, Room 214, Pittsburgh, Pennsylvania 15222 PUERTO RICO--San Juan, 7 Tabonuco Street, Guaynabo, Puerto Rico 00968 RHODE ISLAND--Providence, 200 Dyer Street, Providence, Rhode Island 02903 ST. CROIX--Christiansted, Sunny Isle Shopping Center, Christiansted, St. Croix, U.S. Virgin Islands 00820 ST. THOMAS--Charlotte Amalie, Nisky Center, Suite 1A, First Floor South, Charlotte Amalie, St. Thomas, U.S. Virgin Islands 00802 SOUTH CAROLINA--Charleston, 170 Meeting Street, Fifth Floor, Charleston, South Carolina 29401 SOUTH CAROLINA--Greer, 142-D West Philips Road, Greer, South Carolina 29650 TENNESSEE--Memphis, 1314 Sycamore View Road, Suite 100, Memphis, Tennessee 38134 TEXAS--Dallas, 8101 North Stemmons Freeway, Dallas, Texas 75247 TEXAS--El Paso, 1545 Hawkins Boulevard, El Paso, Texas 79925 TEXAS--Harlingen, 2102 Teege Avenue, Harlingen, Texas 78550-4667 TEXAS--Houston 126 Northpoint Drive, Houston, Texas 77060 TEXAS--San Antonio, 8904 Fourwinds Drive, San Antonio, Texas 78239 UTAH--Salt Lake City, 5272 South College Drive, 100, Murray, Utah 84123 VERMONT--St. Albans, 64 Gricebrook Road, St. Albans, Vermont 05478 VIRGINIA--Norfolk, 5280 Henneman Drive, Norfolk, Virginia 23513 WASHINGTON, D.C., 4420 North Fairfax Drive, Arlington, Virginia 22203 WASHINGTON--Seattle, 815 Airport Way, South Seattle, Washington 98134 WASHINGTON--Spokane, 920 W. Riverside Room 691, Spokane, Washington 99201 WASHINGTON--Yakima, 417 E. Chestnut, Yakima, Washington 98901 WEST VIRGINIA--Charleston, 210 Kanawha Boulevard West, Charleston, West Virginia 25302 WISCONSIN--Milwaukee, 310 East Knapp Street, Milwaukee, Wisconsin 53202
The following ports of entry/exit are specifically designated for final registration and departure by nonimmigrants subject to special registration: Amistad Dam POE, Texas; |
|
© 1999-2012, Jackson & Hertogs - All rights reserved |