January 24, 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. As of January 24, 2003, 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 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
• 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 4 runs from February 24th, 2003 until March 28, 2003.

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
• 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 3 runs from January 13, 2003 until February 21, 2003.

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 where 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 2 has been EXTENDED and now runs from January 27, 2003 until February 7, 2003.

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 where 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.

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 has been EXTENDED and now runs from January 27, 2003 until February 7, 2003.

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

The Importance of Special Registration

You are required to appear for this special registration.  Those who fail to appear risk the loss of their immigration status as well as possible deportation/removal. Because these are new regulations, it is not possible to know whether the INS will add additional penalties to those who do not register.  For example, there have been some indications that a failure to register could constitute a criminal misdemeanor.

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  Each INS field office is handling special registration differently according to their own guidelines. In New York, for example, where the waiting period is now taking many hours, applicants are requested to provide extensive biographic information sheet and asked for their passports, I-94 form, social security card, driver’s license and credit cards. Passports and I-94 cards are being held by the INS and returned only to those in valid legal statUS Applicants are fingerprinted and photographed.

Currently (and this is subject to change at any time), for those “in status”, after basic security checks are made, passports and I-94 forms are being returned.

As to “out of status” individuals, their files are being given to the Investigations personnel to run security checks. These security checks, however, are extremely time consuming. These individuals are being questioned but generally not being detained or restricted. Most individuals, including 245(i) eligible applicants, are not getting their passports back but are given appointment letters to return for individual interviews in the Spring.  It is anticipated that at this time they will be placed under removal/deportation proceedings and issued a Notice to Appear (“NTA”).

Previously, the Newark, New Jersey office was only taking people into custody if there was an outstanding warrant of removal/deportation. However, we were recently informed that an individual with a pending adjustment of status application based on Sect. 245(i) was issued a Notice to Appear (“NTA”) and placed in 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.

Further, in many INS offices dual nationals, even with pending adjustment of status applications, are being told they must register which is consistent with the new regulations.

Additional Information:

·        Please note: some commentators have suggested that the new registration laws are not applicable to those who entered the country without inspection (i.e. without visa).  However, there is no official guideline regarding this opinion.

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.

For further information please make an appointment to see us to discuss your situation.

Please note that this 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 because the questioning is extensive.

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