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Special Registration Has NOT Ended

- Many Requirements Continue

On September 11, 2002, the U.S. began implementation of National Security Entry-Exit Registration System (NSEERS) at U.S. Ports of Entry and on November 5, 2002, the Domestic Call-In Registration began. Men and boys over the age of 16 from Afghanistan, Algeria, Bahrain, Bangladesh, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Libya, Lebanon, Morocco, North Korea, Oman, Pakistan, Qatar, Somalia, Saudi Arabia, Sudan, Syria, Tunisia, United Arab Emirates, and Yemen were interviewed, fingerprinted, and photographed. All these individuals were required to be re-interviewed, re-fingerprinted, and re-photographed after 30 or 40 days (depending on whether they were here already or were entering) and again after one year.

On December 1st, Asa Hutchison, Undersecretary for Border and Transportation Security, announced the suspension of the NSEERS program in a Washington Press Conference. Contrary to the reports by different news media, the ONLY major changes in Special Registration requirements are the following:

  • The annual re-registration requirement is suspended for all Special Registrants, i.e., for both those who registered under the “Call-In” and those who were registered at a port-of-entry (POE).

  • The 30/40-day follow-up interview requirement (applicable only to POE Registrants) is also suspended.

This new rule applies ONLY to registrants whose re-registration deadline or 30/40-day deadline is on or after December 2, 2003. Anyone who willfully missed a deadline before that date is still considered to have violated Special Registration.

All Special Registrants continue to be subject to the following requirements.

FOR ALL REGISTRANTS LEAVING THE UNITED STATES

  • Departure Registration. Every person who was registered at either Call-In or POE continues to be subject to “departure registration.”

Special Registrants must:

(1) depart only from specially designated ports and
(2) comply with special departure processing, which involves an appearance before a Customs and Border Protection (CBP) officer.

Turning in the I-94 or being processed by airline personnel does NOT satisfy this requirement.

Processes for having this requirement waived exists, but the standards for the waivers are quite high.

REGISTRANTS WHO CHANGE ADDRESSES, EMPLOYERS, OR SCHOOLS WHILE IN THE UNITED STATES

  • Reporting Changes of Address. Persons who were or are registered and who remain in the U.S. for 30 days or more must notify DHS of any change of address/residence, employment, or educational institution within 10 days of the change.
    The notification must be in writing on the form, AR-11, designated for reporting these changes.

The new rule provides that F, J or M nonimmigrants entered into the SEVIS system no longer have to comply with this requirement if the change of address/residence or educational institution is reported through SEVIS within 10 days of such change. This exception does NOT apply to changes of employment.

Some student and exchange visitors are also subject to monitoring under the Student and Exchange Visitor Information System (SEVIS). If you are such an alien and DHS is electronically notified of changes in information through SEVIS, that notification fulfills your obligations for special registration purposes, and you do not also need to fill out a form AR-11. However, if you fail to utilize the SEVIS system to report a change, you must do so using the AR-11

You must notify DHS in writing within 10 days of the change, except that you do not have to repeat an address change already reported through the Student and Exchange Visitor System (SEVIS) separately with DHS. Notification must be made by filling out and mailing a change address form for aliens subject to special registration, Form AR-11SR.

CHANGE OF ADDRESS OR EMPLOYER

If you change your address or employer, you must notify DHS by mail within 10 days of the change.
When completing the form, you should:

  • copy the FIN (Fingerprint Identification Number) that was written on your I-94 (Arrival – Departure Record) when you entered the United States or at any other interview on the last line of the form where indicated, and

  • mail to the address noted on the form.
    While not required, it is to your benefit to keep a copy of your completed form and to request and keep a receipt to document the date on which you mailed the AR-11 SR and the address to which it was mailed.

Anyone who does not comply with all the continuing requirements of Special Registration could be subjected to denial of admission to the U.S., denial of immigration benefits, possible criminal prosecution, and/or removal proceedings.

What the Rule Does Not Do

-The new rule does nothing for the thousands of people who were placed in removal proceedings when they appeared for Call-In.
-The new rule does not excuse past failure to comply with the Call-In deadlines or the 30-40 day follow-up -interview or annual re-registration deadlines.

Re-Registration May Still Be Required for Some Special Registrants?

-DHS can require selected individuals to re-register at any time on a case-by-case basis, with notice of only 10 days.
-Notice of the re-registration requirement may be given by any means, including regular mail, e-mail or publication of a notice in the Federal Register.
- DHS can announce another Call-In Registration at any time.
It is very important for anyone who has ever been registered under Special Registration to be vigilant and watch for information about such a requirement.

What is the Effect of US VISIT on Special Registration?
- In 1996, under provisions ____ of IRIRRA, Congress mandated that a comprehensive entry-exit program be developed by 2005.
- On September 11, 2002, the U.S. began implementation of NSEERS at U.S. ports of entry.
- On November 5, 2002, the domestic call-in registration began.
- NSEERS is the first step in fulfilling that Congressional mandate.
- It is unclear when, if, or how the upcoming US VISIT program will affect Special Registration and whether Special Registration will be subsumed into US VISIT.
- In January 2004, a new entry-exit registration system (Visitor and Immigration Status Indication Technology System – US VISIT) will begin and register all non-citizen visitors to the United States, regardless of national origin or religion.
- NSEERS was intended to be the first step towards a full entry-exit program.
- The details of how this program will phase out and how it will relate to on-going requirements of NSEERS remain sketchy.

Please contact SAN for new developments and more information regarding: NSEERS, US-VISIT, and SEVIS

REGISTRANTS PRESENT IN THE UNITED STATES

You may be required, at the discretion of the Department of Homeland Security (DHS), to report in person to a U.S. Immigration and Customs Enforcement (ICE) office and show that you are following your travel plans or the statement of intentions made when you entered. You will receive separate notice to the last address you reported to DHS if you are required to report to an ICE office during your stay in the United States. Again, it is important that you notify DHS of any change in address.

ADDITIONAL REQUIRED INTERVIEWS

Who must report for an additional interview?

At the discretion of DHS, anyone who has been registered at a United States port of entry on or after September 11, 2002 as part of the special registration procedures and who is in the United States may be required to report for additional interviews. You will be given a specific and individual notice if you are required to report for additional interviews.

Where must I go for an additional interview?

If you are notified that you must report for an additional interview, your notification will advise you as to the time and place of the interview, which will occur at a local ICE office. When you report for your follow-up interview, let an ICE employee or security guard know that you are there for a special registration interview. An ICE officer will request proof of identity, such as your passport, and then direct you to the officer who will conduct the interview.

What will happen at the additional interview?

At the additional interview, your identity will be verified through a fingerprint scan and photograph. You also will be asked questions to verify your compliance with the immigration laws.

What should I bring with me to the interview?

• If necessary, you may bring someone to translate for you. You should bring your Form I-94 (Arrival – Departure Record) and any written documents available to show the interviewing officer that you are doing what you said you were going to do when you entered the United States. For example:

• If you are visiting the United States as a tourist, you could bring hotel receipts, ticket stubs from places that you have gone or transportation that you have used, credit card receipts in your name that indicate a city or state that you have visited, etc.

• If you are staying with friends or relatives, you could bring documents showing their name and address, such as a postmarked envelope or bill.

• If you are in the United States because of a job, you could bring a payroll stub, an employment contract, a letter from your employer, etc.

• If you are in the United States to go to school, you could bring your class schedule, official notification of your grade(s), your class or yearbook picture, student identification card, evidence of participation in extracurricular activities, etc.

For the purpose of the interview, it is in your favor to bring as much documentation as possible.