Special Call-In Registration Requirements

We are devoting this issue of Immigration Newswire solely to the Special Call-In Registrations taking place at INS offices around the country. Below you will find an alphabetical listing of all countries whose nationals are subject to special registration requirements. We are also providing answers to frequently asked questions about special registration. Please call our office if you believe the special registration requirements may apply to you.

MustMales Who Are   If They Last    And Will    They must  And No Later Register ifNationals/Citizens of the                    Entered the U.S.     Remain in   Register No    Than theFollowing Country             They Were            as a           the United     Sooner     Following Born on or      Nonimmigrant       States Until   Than the       Date Before the        Before the       at Least the  Following Following      Following Date,      Following       Date, Date,                              Date. Afghanistan         12/02/1986     09/30/2002          01/10/2003    12/02/2002  01/10/2003 Algeria          12/02/1986     09/30/2002          01/10/2003    12/02/2002  01/10/2003 Armenia           NOT               SUBJECT               TO        SPECIAL     REGISTRA TION Bahrain           12/02/1986     09/30/2002          01/10/2003    12/02/2002  01/10/2003 Eritria          12/02/1986     09/30/2002          01/10/2003    12/02/2002  01/10/2003 Iran           11/15/1986     09/10/2002          12/16/2002    11/15/2002  12/16/2002 Iraq           11/15/1986     09/10/2002          12/16/2002    11/15/2002  12/16/2002 Lebanon           12/02/1986     09/30/2002          01/10/2003    12/02/2002  01/10/2003 Libya           11/15/1986     09/10/2002          12/16/2002    11/15/2002  12/16/2002 Morocco           12/02/1986     09/30/2002          01/10/2003    12/02/2002  01/10/2003 North Korea         12/02/1986     09/30/2002          01/10/2003    12/02/2002  01/10/2003 Oman             12/02/1986     09/30/2002          01/10/2003    12/02/2002  01/10/2003 Pakistan          01/13/1987     09/30/2002          02/21/2003    01/13/2003  02/21/2003 Qatar           12/02/1986     09/30/2002          01/10/2003    12/02/2002  01/10/2003 Saudi Arabia        01/13/1987     09/30/2002          02/21/2003    01/13/2003  02/21/2003 Somalia           12/02/1986     09/30/2002          01/10/2003    12/02/2002  01/10/2003 Sudan            11/15/1986     09/10/2002          12/16/2002    11/15/2002  12/16/2002 Syria           11/15/1986     09/10/2002          12/16/2002    11/15/2002  12/16/2002 Tunisia          12/02/1986     09/30/2002          01/10/2003    12/02/2002  01/10/2003 United Arab Emirates    12/02/1986     09/30/2002          01/10/2003    12/02/2002  01/10/2003 Yemen            12/02/1986     09/30/2002          01/10/2003    12/02/2002  01/10/2003

Frequently Asked Questions

How is citizenship determined?

Each nonimmigrant alien is responsible to determine whether he is a citizen of one of thecountries subject to special registration. In general, people are citizens of the countries inwhich they were born, but in many Arab countries a child’s citizenship is determined bythe citizenship of the father, and not by the country in which the birth physically takesplace. It is therefore necessary to know the citizenship laws of the countries subject tospecial registration. Since our office does not specialize in foreign nationality andcitizenship issues, each nonimmigrant must discern his own nationality. If a potentialregistrant is unsure of his citizenship, then he should contact an embassy of the country inquestion for further information. Or, there is a citizenship manual online athttp://www.opm.gov/extra/investigate/IS-01.pdf that is an excellent resource.

Citizenship can also be derived from naturalization.

What if I have dual or multiple citizenship?

Some people may be citizens or nationals of two or more countries, or may have a claimto citizenship in multiple countries. For example, it is common for third countrynationals to become citizens of Canada before entering the United States. It isparticularly common for citizens of Commonwealth countries (such as Pakistan) to landin Canada and to then enter the U.S. on nonimmigrant status since they are visa exempt.If a person is a citizen of multiple countries, and one of the countries of which he is acitizen is subject to call-in registration, then he is required to register. Take for examplea person who is a citizen of both Pakistan and Canada. Canadians are not subject to thecall-in registration, but Pakistani citizens are. The person in question would therefore besubject to special registration.

The only case where the rule outlined above does not hold true is if the person is a U.S.permanent resident or a U.S. citizen but is also a citizen of one of the countries whosenationals are required to register. No U.S. citizen or permanent resident is required toregister, regardless of any dual citizenship.

What if my Adjustment of Status (I-485) application is pending and I have AdvanceParole?

Aliens who have obtained Advance Parole from INS may or may not be subject to specialregistration requirements. If the alien with advance parole has left the U.S. and enteredusing his advance parole document, then he is not subject to special registration.However, if he has obtained advance parole but has not yet used it, and his last entry tothe United States was as a nonimmigrant, then he is subject to special registration.

What if I entered the U.S. illegally?

The only aliens subject to special registration are those whose last entry to the U.S. wasin a nonimmigrant status. Therefore someone who enters the U.S. without inspection isnot subject to the special registration requirements.

If you entered the U.S. illegally with the use of false documents, but were in factadmitted in nonimmigrant status, then you are still subject to special registration.

What if I am out of status?

An alien who was last admitted to the United States in a nonimmigrant status but whosestatus has since expired, is required to register. However, the consequences orregistering while out of status (OOS) can be severe. Many OOS aliens have beenarrested at the time of the interview and detained without bond. Others have been serveda Notice to Appear for Removal Proceedings. Anyone who is currently OOS shouldmake every attempt, including the use of Premium Processing for quick adjudications, toobtain status before reporting to INS for a special call-in registration interview.

Who is exempt from special registration?

Women

U.S.Citizens

Lawful Permanent Residents of the U.S., even if they are also citizens of countries subject to special registration “

A” and “G” nonimmigrants

Anyone who applies for asylum before a specified date

Anyone who already was granted asylum

Anyone whose last entry to the United States was not in a nonimmigrant status

What happens if I do not register?

Aliens who fail to register, or who fail to register on time or with proper documents inhand at the time of the interview, can be fined, sentenced to prison terms, or placed inremoval proceedings.

What if I register late?

Aliens who report to INS after the registration deadline for their country of citizenship may be placed in removal proceedings.

What happens at the interview?

Aliens will be required to answer questions under oath about their residence,employment, and stay in the U.S. They will also be asked whether they have ever beenout of status. They will also be fingerprinted and photographed, and required to presentproof of employment, residence, and lawful nonimmigrant status.

Where should I register?

There is a list of local INS offices that are processing special registrants. An alien maygo to ANY of the offices on the list, regardless of where he lives. It may be prudent toshop around for a friendly INS office if an alien has ever been out of status. The list ofparticipating INS offices can be found online at the following URL:http://www.ins.gov/graphics/lawenfor/specialreg/List_Interview.pdf

What should I bring to the interview?

Proof of residence (title deed if they own property, or lease/rent receipts if they rent)

Proof of employment (recent pay stubs)

Proof of valid nonimmigrant status (I-94, visa in new or old passport plus current passport if they have one, I-797 Approval Notices and/or I-20s)

Social Security Card, if they have one

Any other government issued identification, such as a driver’s license

If necessary, the alien should bring someone to translate for him. This must be done at the alien’s expense

The alien may bring an attorney to represent him at the interview, at his own expense

Do my registration responsibilities end with the registration interview?

No. Any alien who reports to INS for special registration will be required to report toINS annually within 10 days of the initial registration. For example, if a Pakistani citizenfirst reports to INS on January 15, 2003, then he must report to INS between January 5,2004 and January 25, 2004 for follow-up registration. He must do the same thing in2005. Every year, aliens will have to answer questions under oath, and they will have topresent proof of employment and residence in the U.S.

What happens when I leave the U.S. after registering?

Any alien wishing to leave the United States after engaging in Special Call-InRegistration Requirements is required to leave through one of the certain designatedPorts of Departure. A list of these ports can be found online athttp://www.ins.gov/graphics/lawenfor/specialreg/BLISTOFP.pdf

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