February 13, 2003

SPECIAL REGISTRATION NEWS ALERT

Please be advised that new special registration requirements represent a very important step for individuals from certain designated countries. The designated countries are now as follows:

Call-in Group 1:           Iran, Iraq, Libya, Sudan and Syria

Call-in Group 2:           Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, UAE and Yemen

Call-in Group 3:         Pakistan, Saudi Arabia

Call-in Group 4:         Bangladesh, Egypt, Indonesia, Jordan, Kuwait

Please note that different rules apply for each Call-in Group and that INS has once again modified this list. To date, India has not yet been placed on the list.

Additionally, please be advised that INS offices in each state may approach registration differently.  For example, the New York District Office is using country of birth, not country of citizenship, as the guideline for who must appear to register.

• Special Registration for Call-in Group 1. 2
• Special Registration for Call-in Group 2. 2
• Special Registration for Call-in Group 3. 2
• Special Registration for Call-in Group 4. 3
• The Importance of Special Registration. 3
• The Process. 3
• Out of Status Individuals. 4
• Entry Without Inspection (EWI) 4
• For Aliens Arriving at US Ports of Entry. 4

Please note that the following information is subject to change and is not a substitute for legal advice. Kindly make an appointment with one of our experienced attorneys to review your situation.

We are available to accompany you for special registration and strongly recommend that you have an attorney present as INS questioning has been extensive.

IMMIGRATION=NAWLAW

Special Registration for Call-in Group 1

• Iran, Iraq, Libya, Sudan and Syria

Who Must Register:

• Males born on or before November 15, 1986, and
• Individuals last admitted to the US on or before September 10, 2002, and
• Individuals who were in the country until December 16, 2002.

Who Does Not Have to Register:

• Anyone that applied for Political Asylum on or before November 6, 2002
• Green Card holders and American citizens
• You must register if your Green Card application is still pending.

*Registration for Call-in Group 1 expired on February 7, 2003. Individuals may register late but will be required to demonstrate that failure to register was not willful.

Special Registration for Call-in Group 2

• Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, UAE and Yemen

Who Must Register:

• Males born on or before December 2, 1986, and
• Individuals last admitted to the US on or before September 30, 2002, and
• Individuals who were in the country up to January 10th, 2003.

Who Does Not Have to Register:

• Anyone that applied for Political Asylum on or before November 22, 2002
• Green Card holders and American citizens
• You must register if your Green Card application is still pending.

Note that you still must register if you hold dual citizenship with any one of the designated countries, and any country other than the US (i.e. You must register if you are a citizen of both Pakistan and Canada).

*Registration for Call-in Group 1 expired on February 7, 2003. Individuals may register late but will be required to demonstrate that failure to register was not willful.

Special Registration for Call-in Group 3

• Pakistani and Saudi Arabia Citizens

Who Must Register:

• Males born on or before January 13, 1987, and
• Individuals last admitted to the US on or before September 30, 2002, and
• Individuals who will be in the US until February 21, 2003.

Who Does Not Have to Register:

• Anyone with an application for Political Asylum that was pending on December 18, 2002. A dormant asylum application may be regarded as pending in NY.
• Green Card holders and American citizens
• You must register if your Green Card application is still pending with INS.

Note that you still must register if you hold dual citizenship with any one of the designated countries, and any country other than the US (i.e. You must register if you are a citizen of both Pakistan and Canada).

Anyone who entered the US “without inspection”

*Registration for Call-in Group 3 runs from January 13, 2003 until February 21, 2003.

Special Registration for Call-in Group 4

• Bangladesh, Egypt, Indonesia, Jordan, Kuwait

Who Must Register:

• Males born on or before February 24th, 1987, and
• Individuals last admitted to the US on or before September 30th, 2002, and
• Individuals who will be in the US until March 28, 2003.

Who Does Not Have to Register:

• Anyone with an application for Political Asylum that was pending on January 16, 2003.  A dormant asylum application may be regarded as pending in NY.
• Green Card holders and American citizens
• You must register if your Green Card application is still pending with INS.

Note that you still must register if you hold dual citizenship with any one of the designated countries, and any country other than the US (i.e. You must register if you are a citizen of both Pakistan and Canada).

Anyone who entered the US “without inspection”

*Registration for Call-in Group 4 runs from February 24th, 2003 until March 28, 2003.

The Importance of Special Registration

You are required to appear for this special registration.  Those who fail to appear may be deemed out of status, face deportation/removal proceedings. Failure to register may also adversely impact on any future application for immigration benefits. 

There are inherent risks involved in the registration process that we think you should be aware of.  The most serious risk is arrest/detention and deportation of those people who are out of statUS 

The Process

In New York, INS investigations personnel are running security checks on all applicants.  Applicants are requested to provide extensive biographic information and required to present their passport, I-94, social security card, driver’s license and credit cards. Applicants have also been required to provide information on their immigration history, such as all Original Approval Notices (past and present), names and addresses of schools if ever on F1 status, as well as past home addresses. H1B visa holders should be prepared to present a letter from their employer and copies of recent pay stubs.  Individuals on F1 status should be prepared to bring letters from school officials, as well as any other information confirming attendance.  Passports and I-94s are being held by the INS and returned only to those in valid legal statUS All applicants are fingerprinted and photographed.  This is a full day process.

Currently, INS is marking registration numbers on US visas (directly in the passport) and on I-94s.  Additionally, all individuals, regardless of status, are being told that they are required to report back to INS in a year from now. We suggest that you make photocopies of your passport before presenting yourself to register. Please note that each INS field office is handling special registration differently.

Out of Status Individuals

IN NEW YORK, “out of status” individuals are being questioned and temporarily detained or restricted, often with handcuffs.  Most individuals, including 245(i) eligible applicants, are not getting their passports back and are issued a Notice to Appear (“NTA”) for a future court date. NTA dates are being accelerated to March 2003. The NTA is the initial step for removal/deportation proceedings. Please also note that questioning has become more extensive for call-in Group 3 than for previous registrants.

IN NEW JERSEY: An individual with a pending adjustment of status application based on Sect. 245(i) was issued a Notice to Appear (“NTA”) and placed under removal proceedings.  Also, there are extensive waits now being reported. 

Current reports indicate that the INS offices in Chicago, Los Angeles and Oklahoma City are more aggressive than other offices in the treatment of registrants. At this time we recommend that those who are out of status register at the New York INS office. Please note that you may register at any INS office in the U.S. regardless of where you reside.

Entry Without Inspection (EWI)

Please note: The New York District Office is now telling individuals who entered the country without inspection (i.e. without a visa) that they are not subject to special registration. Other INS offices may treat this matter differently. Please make sure you speak to an attorney before you determine that this rule applies to you.

For Aliens Arriving at US Ports of Entry

Please note that we have received unofficial information that aliens of the affected countries will be subject to registration upon entry into the US  Individuals will be enrolled in the system by the INS officer at the port of entry and will then be subject to a compliance interview (within 30-40 days after entry).  Those affected are nonimmigrant males, 16 to 45 years of age, entering the country after October 1, 2002