November 7, 2002

New Registration Requirement for Nonimmigrants Already in the U.S.

Regulations published yesterday dramatically expand special registration provision, now requiring males aged 16 or older from the 5 countries designated for Special Registration, who were already present in the U.S. on or before September 10, 2002 and will remain in the U.S. until at least December 16, 2002, to appear before INS for registration on or before December 16, 2002. The regulation becomes effective on November 15, 2002. Currently nonimmigrants--i.e. anyone who is not a U.S. Citizen or Permanent Resident, A and G visa holders, as well as individuals who have applied for asylum are exempt-- from Iran, Iraq, Libya, Sudan and Syria are listed as individuals automatically subject to special registration and fingerprinting requirements upon entry. This regulation expands the registration requirements to citizens or nationals of these countries who entered the U.S. before the special registration requirements were instituted in September 2002.

This regulation is inconsistent with the Department of Justice’s (DOJ) previous policy disclosed in a DOJ press release which GT reported on October 11, 2002. In contrast to the press release which stated that nonimmigrant visitors who have previously been admitted into the United States without being registered by INS immigration officials, are not required to follow special registration procedures, this new regulation has expanded the Entry Exit Registration System (NSEERS) instituted earlier this year to include individuals who entered the U.S. prior to the institution of NSEERS.

The Federal Register notice provides a list of locations where individuals who are subject to this new requirement can appear before an immigration officer. At the time of registration, individuals are required to present all travel documents (passport, I-94 card, visa etc.), and provide proof of their residence, employment or school. The individual will also be fingerprinted and photographed at that time. Once an individual has been registered, he will be required to register annually within 10 days of each anniversary with the INS as long as he remains in the U.S., and also upon every entry from abroad. Change of address requirements continue to apply during this time (FAQ on Change of Address).

GT will continue to provide updates on changes in these regulations.