Nationals of Additional Countries Now Subject to Special Registration Procedures

A notice published in the Federal Register on November 22, 2002 requires aliens fromadditional countries to register with the INS. Any alien who meets the following criteriamust register with his local INS office on or before January 10, 2003:

1. Is a male who was born on or before December 2, 1986;

2. Is a national or citizen of Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia; Tunisia, United Arab Emirates, or Yemen, who was inspected by the Immigration and Naturalization Service and was last admitted to the United States as a nonimmigrant on or before September 30, 2002; and

3. Will remain in the United States at least until January 10, 2003.

This notice applies to any alien who is a national or citizen of a designated country,regardless of any dual nationality or citizenship.

Any aliens subject to the special registration requirement will be required to answerquestions under oath before an immigration officer. The alien’s answers will berecorded. The alien must present his travel documents, proof of residence and ifapplicable, proof of matriculation at an educational institution. The INS officer willfingerprint and photograph the alien, and the alien will be responsible to report to INS onan annual basis within 10 days of the anniversary of the date on which they firstregistered.

Certain INS offices have been designated as sites for the special registration. A completelist of these offices is found in the Federal Register notice, which can be found online athttp://www.ilw.com/lawyers/immigdaily/federal_reg/2002,1125-reg.shtm.

Incorrect Information Issued by INS Regarding Visa Requirements for Landed Immigrants from Commonwealth Countries

The INS has been circulating information sheets stating that Canadian LandedImmigrants from Commonwealth countries will be required to obtain visas as ofDecember 16, 2002. However, the American Immigration Lawyers’ Association (AILA)has checked with INS Headquarters to verify this new rule, and has been informed thatINS was mistaken in disseminating this information. It has not yet been determinedwhether Landed Immigrants from Commonwealth countries will be required to obtainvisas for entry to the United States on nonimmigrant status.Landed Immigrants fromCommonwealth Countries should not at this time apply for a visa to enter the U.S. innonimmigrant status.

Deadline for Special Registration Quickly Approaching

Aliens subject to special registration requirements must report to INS no later thanDecember 16, 2002. To ascertain whether the special registration requirements apply toyou, and to find out more information about the special registration, visit the INS websiteat the following URL: www.ins.gov/graphics/lawenfor/specialreg/SpcCall_in.pdf.

Please note that if you are otherwise required to register and you have a pending I-485Application for Adjustment of Status and your last entry to the U.S. was on anonimmigrant visa, then you will still be subject to the special registration requirements.This is true even if you have obtained Advance Parole but have not yet used it.

Visa Processing Procedures for Nationals of Countries That Have Been Designated as State Sponsors of Terrorism

Seven countries are now designated as state sponsors of terrorism. They are NorthKorea, Cuba, Syria, Sudan, Iraq, Iran, and Libya. All male and female nationals of thesecountries aged 16 and over who apply for visas in order to enter the United States mustwithout exception complete the form DS-157 in addition to the Form DS-156, and mustappear for an interview with a consular officer.

The Form DS-157 requires the applicant to report personal background information suchas the names of the applicant’s parents; a list of countries the alien has visited in the lastten years; whether the applicant has any fire arms, explosives, nuclear, biological, orchemical experience or training; and whether the applicant has been in armed conflict.To download a copy of the form, visit the Department of State website athttp://travel.state.gov/DS-0157.pdf.

New Version of Form AR-11 Change of Address Issued

The Immigration and Naturalization Service has been strongly enforcing the rule thataliens must notify the INS in writing of any change of address within 10 days of moving.Because of this sudden and very strict enforcement, the INS has been flooded withchange of address notifications (using Form AR-11). In order to manage the influx ofnotifications, INS has rerouted these applications to a special new address. A new AR-11, Change of Address Notification form has been issued with the new address posted atthe bottom. The new form can be downloaded from the INS web page at the followingURL: http://www.ins.gov/graphics/formsfee/forms/files/ar-11.pdf.

Border Student Commuter Act of 2002

On November 2, 2002, President Bush signed the “Border Student Commuter Act of2002” (H.R. 4967) into law. The new law creates a border commuter nonimmigrantclassification under the F and M visa categories for Canadian and Mexican nationals whomaintain residence in their country of nationality and commute to the U.S. for full- orpart-time study. The study may be vocational or nonacademic in nature.

Update on INS Adjudications of Employment Authorization Documents (EAD) and Advanced Parole (AP)

Word has spread that the INS has halted adjudications of EAD and AP applications.However, it has been confirmed that INS has not, in fact, halted any adjudications. Themyth stems from the fact that INS has instituted additional security check procedures onany applicants for benefits such as EAD and AP. Some INS offices have ceased theirone-day turn around time on EAD and AP applications due to the new securityprocedures. Officers are being required to obtain and review any and all informationprovided in national and local background checks, and to review the full contents of theA-file for any information that might disqualify the alien for the benefit being sought. Ifbackground checks show that a possible negative record exists, then the officer mustobtain, question, and resolve the information in question. The INS is therefore stillprocessing EAD and AP applications, but at a slower rate due to increased scrutiny ofapplicants. Recent INS reports indicate that some naturalization and adjustment of statuscases will also encounter delays due to the additional security check procedures.

The information contained in this newsletter is for informational purposes only. It does not constitute legal advice.