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Newsletter - January 09, 2003
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Special Registration update: Pakistan and Saudi Arabia added
Special Registration update: Pakistan and Saudi Arabia added 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: <<AR-11SR>>
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:
· Are males born on or before January 13, 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 beyond February 21, 2003.

(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:
· 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.

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 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.
· 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.

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. 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 adviced 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:
· Lawful Permanent Residents or U.S. citizens;
· Nonimmigrants who were admitted in A or G (diplomatic) status;
· "Call in" Group III nonimmigrants who have applied for asylum on or before December 16, 2002;
· "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.
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:
· INS may determine you failed to maintain nonimmigrant status, which may cause INS to deny applications or change or extension of 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 $1000,
· 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.


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

 
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