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DISCLAIMER: Jackson & Hertogs is providing this information about Special Registration as a courtesy. In so doing, we are not creating an attorney/client relationship with the reader. Nothing in this memorandum is intended to be, nor should it be construed as being, legal advice for your particular circumstances. You are advised to clarify questions concerning Special Registration on the BCIS website at http://www.immigration.gov/graphics/shared/lawenfor/specialreg/index.htm. If you wish to retain Jackson & Hertogs to evaluate Special Registration requirements in light of your individual situation, please contact our office for a consultation.
The Department of Justice (DOJ) has established four 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 Outline for complete details on both "call in" and arrival/departure Special Registration.
You should make and retain copies of all Forms I-94 that are issued or annotated showing your compliance with Special Registration. You will be assigned a new FIN number each time you special register; you will be required to demonstrate that you complied with special registration by submitting these Forms I-94 with all petitions and applications filed and should make them available to your attorney.
"Call In" Groups III and IV - Registration Deadline Extended
On February 19, 2003, DOJ published a notice announcing that persons subject to the two expired deadlines for call-in registration—February 21, 2003 (Group III) and March 28, 2003 (Group IV), were given a new window of time to register.
Group III members have until March 21, 2003 to special register. These individual include nationals or citizens of: Pakistan, Saudi Arabia (Group III)
Group IV members have until April 25, 2003 to special register. These individuals include nationals or citizens of: Bangladesh, Egypt, Indonesia, Jordan, Kuwait (Group IV)
These extensions only apply to individuals who were required to register under the Groups III and IV Notices described below but who did NOT do so. If these individuals register during the extended period, their registration is considered timely.
Ports of Entry/Exit
On February 19, 2003, DOJ published a notice announcing additional ports of entry/exit (POE) available for persons subject to either "call in" or admission based special registration. The additional ports of entry are indicated in bold on the list of POEs at the end of this outline.
"Call In" Group IV
On January 16, 2003, DOJ published a fourth Notice, effective February 24, 2003, "calling in" certain additional non-immigrants to appear in person and register at a designated local Immigration and Naturalization (INS) district office. All designated offices are listed below. This special registration is required on or before March 28, 2003 (this deadline has since been extended to April 25, 2003), and requires registration of nationals and citizens (including dual nations/citizens) of:
Bangladesh, Egypt, Indonesia, Jordan or Kuwait, who:
• are males born on or before February 24, 1987;
• were inspected and admitted to the United States as a non-immigrant on or before September 30, 2002; and,
• who will remain in the United States after March 28, 2003.[1]
"Call In" Group III
On December 16, DOJ published a third Notice, effective January 13, 2003, "calling in" certain non-immigrants 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 February 21, 2003 (this deadline has since been extended to March 21, 2003) and requires registration of nationals and citizens (including dual nationals/citizens) of:
Pakistan or Saudi Arabia, who:br
• are males born on or before January 13, 1987;br
• were inspected and admitted to the United States as a non-immigrant on or before September 30, 2002; and,br
• who will remain in the United States after February 21, 2003.[2]
Note: Armenia was originally included in this "call in" group, but was then deleted.
"Call In" Groups I and II - Registration Deadline Extended
On January 16, 2003, DOJ announced that persons subject to the two expired deadlines for call-in registration--December 16, 2002 (Group I) and January 10, 2003 (Group II), were given a new window of time to register between January 27 and February 7, 2003. These individuals included nationals or citizens of:
Iran, Iraq, Libya, Sudan, Syria (Group I) and Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, United Arab Emirates, Yemen (Group II).
This extension only applied to individuals who were required to register under the Groups I and II Notices described below but who did NOT do so. If these individuals registered during the extended period, from January 27 to February 7, 2003, inclusive, their registration was considered timely. The call-in deadlines for Groups I and II have passed and no additional extension has been given at this time.
"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:
• are males born on or before December 2, 1986,
• were inspected and admitted to the United States on or before September 30, 2002, AND
• will remain in the country until at least January 10, 2003.
"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:
• are males born on or before November 16, 1986,
• were inspected and admitted to the United States on or before September 10, 2002, AND
• who will remain in the country until at least December 16, 2002.
Late registration
Nonimmigrants who were required to report but who did not report before their call-in deadline 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". An INS memo provides the following examples: hospitalization, severely limited mobility, or lack of awareness of the requirement. Fear of arrest or deportation is not considered reasonably excusable.
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 arrival at a U.S. port of entry, nonimmigrants subject to special registration are diverted to more in-depth "secondary inspection" and are interviewed, fingerprinted, and photographed.
- Nonimmigrants subjected to special registration on admission must reregister in person with a designated local INS District Office if they remain in the U.S. for 30 days or longer, within 10 days after the 30 day mark (30-40 days after admission), and must report annually, within 10 days of the annual mark of original admission (10 days before or after annual mark).
- Nonimmigrants subject to special registration on admission or through "call in", or who depart the U.S. after October 1, 2002 must report for special registration at designated ports of exit listed below. INS has not uniformly enforced this requirement at ports of exit.
For example: if you are admitted and special registered on January 1, 2003, you must report to the INS District Office between January 30, 2003 and February 10, 2003. Your window for annual reporting is December 22, 2003 (10 days before one year mark) to January 10, 2004 (10 days after one year mark).
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. INS has not uniformly enforced this requirement at ports of entry.
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:
- travel documents, including passport and Form I-94 and any other forms of government-issued identification;
- proof of residence, such as, but not limited to, title to land, lease or rental agreement, proof of school enrollment or graduation, and/or proof of employment;
- other information and/or documentation as required by the Immigration Officer.
INS will interview, photograph, and fingerprint registrants, and will note registrants' compliance on their I-94 cards and on its database by issuing a "FIN" (fingerprint identification number). 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, INS inability to confirm their 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 either before or after the anniversary of the date they were initially registered (total 20 day window).
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 and change of address webpage and our Change of Address FAQ memo for details. Please note that INS currently has no way of updating its records should you no longer be subject to Special Registration (i.e., if you become a permanent resident). INS has advised that in this situation you continue to submit AR11SR and indicate that you are now a permanent resident.
Who is exempted?
- Special registration does NOT apply to:
- Lawful Permanent Residents or U.S. citizens;
- Nonimmigrants who were admitted in A or G (diplomatic) status;
- "Call in" Group IV nonimmigrants who have applied for asylum on or before January 16, 2003 whose cases are still pending;
- "Call in" Group III nonimmigrants who have applied for asylum on or before December 16, 2002 whose cases are still pending;
- "Call in" Group II nonimmigrants who have applied for asylum on or before November 22, 2002;
- "Call in" Group I nonimmigrants who have applied for asylum on or before November 6, 2002;
Nonimmigrants who have been granted asylum or refugee status; and
INS General Counsel's office has stated that "parolees" (e.g. adjustment applicants who are admitted using advance parole) are not admitted as nonimmigrants and are therefore not subject to "call in" special registration. Also, those who entered without inspection were not admitted as non-immigrants and are therefore not subject to special registration.
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 noncompliance
Penalties for failure to comply timely with this new registration requirement include:
- INS may determine you failed to maintain nonimmigrant status, which may cause INS to deny applications or change or extension of status (Note: INS has requested evidence of compliance with special registration in at least one application for extension of nonimmigrant status).
- Penalties for fraudulent statements or for "willful" failure to register include criminal conviction of a federal misdemeanor involving imprisonment of up to six months, and fine up to $1,000,
- Deportation ("removal") from the United States unless you can establish to the INS that such failure was "reasonably excusable or was not willful.",
- If you are applying for readmission, INS will presume that you are inadmissible if you failed to report to an inspecting immigration officer at a designated port of entry/exit when you departed the United States.
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 and caveats
Please refer to our website: 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 AR-11SR 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;
Alcan POE, Alaska;
Anchorage International Airport, Alaska;
Atlanta Hartsfield International Airport, Georgia;
Baltimore-Washington International Airport, Maryland;
Bell Harbor Pier 66 Cruise Ship Terminal, Washington;
Bridge of the Americas POE, Texas;
Brownsville/Matamoras POE, Texas;
Buffalo Peace Bridge POE, New York;
Cape Vincent POE, New York;
Calexico POE, California;
Calais POE, Maine;
Cape Canaveral Seaport, Florida;
Chicago Midway Airport, Illinois;
Chicago O'Hare International Airport, Illinois;
Champlain POE, New York;
Charlotte International Airport, North Carolina;
Chateaugay POE, New York;
Cleveland International Airport, Ohio;
Columbus POE, New Mexico;
Dallas/Fort Worth International Airport, Texas;
Del Rio International Bridge POE, Texas;
Denver International Airport, Colorado;
Detroit International (Ambassador) Bridge POE, Michigan;
Detroit Canada Tunnel, Michigan;
Detroit Metro Airport, Michigan;
Douglas POE, Arizona;
Eagle Pass POE, Texas;
Eastport POE, IDAHO;
Fort Covington POE, New York;
Galveston POE, Texas;
Grand Portage POE, Minnesota;
Guam International Airport;
Heart Island POE, New York;
Hidalgo POE, Texas;
Highgate Springs POE, Vermont;
Honolulu International Airport, Hawaii;
Honolulu Seaport, Hawaii;
Houlton POE, Maine;
Houston George Bush Intercontinental Airport, Texas;
Houston Seaport, Texas;
International Falls POE, Minnesota;
John F. Kennedy International Airport, New York;
Ketchikan Seaport, Alaska;
Kona International Airport and Seaport, Hawaii;
Gateway to the Americas Bridge POE, Laredo, Texas;
Lewiston Bridge POE, New York;
Logan International Airport, Massachusetts;
Long Beach Seaport, California;
Los Angeles International Airport, California;
Madawaska POE, Maine;
Miami International Airport, Florida;
Miami Marine Unit, Florida;
Minneapolis/St. Paul International Airport, Minnesota;
Mooers POE, New York;
Niagara Falls, Rainbow Bridge, New York;
Newark International Airport, New Jersey;
Nogales POE, Arizona;
Ogdensburg POE, New York;
Orlando, Florida;
Oroville POE, Washington;
Otay Mesa POE, California;
Pacific Highway POE, Washington;
Pembina POE, North Dakota;
Philadelphia International Airport, Pennsylvania;
Phoenix (Sky Harbor) International Airport, Arizona;
Piegan POE, Montana;
Pittsburgh International Airport, Pennsylvania;
Point Roberts POE, Washington;
Port Everglades Seaport, Florida;
Port Arthur POE, Texas;
Port Huron POE, Michigan;
Portal POE, North Dakota;
Portland International Airport, Oregon;
Progreso Bridge POE, Texas;
Raymond POE, Montana;
Roosville POE, Montana;
Rouses Point POE, New York;
San Antonio International Airport, Texas;
San Diego (Lindbergh Field) International Airport, California;
San Diego Seaport, California;
San Francisco International Airport, California;
San Juan International Airport and Seaport, Puerto Rico;
Sanford Internatioanl Airport, Florida;
Sault St. Marie POE, Michigan;
Seattle Seaport, Washington;
Seaway International Bridge/Massena POE, New York;
Seattle Tacoma International Airport, Washington;
St. Louis International Airport (Lambert Field), Missouri;
St. Thomas Seaport, U.S. Virgin Islands;
Sweetgrass POE, Montana;
Tampa International Airport and Seaport, Florida;
Thousand Islands POE, New York;
Trout River POE, New York;
Washington Dulles International Airport, Virginia;
Ysleta POE, Texas.
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[1] The DOJ notice extends only the Group IV call-in deadline, however, the Bureau of Citizenship and Immigration Services (BCIS) website at http://www.immigration.gov/graphics/shared/lawenfor/specialreg/ extends the "depart by" deadline and the call-in deadline. It is unclear but likely that DOJ interprets the extension as affecting both the "depart by" and the call-in deadlines.
[2] The DOJ notice extends only the Group III call-in deadline, however, the Bureau of Citizenship and Immigration Services (BCIS) website at http://www.immigration.gov/graphics/shared/lawenfor/specialreg/ extends the "depart by" deadline and the call-in deadline. It is unclear but likely that DOJ interprets the extension as affecting both the "depart by" and the call-in deadlines.
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