November 22, 2002

INS Special Registration Update

On Friday November 22, 2002, the United States Department of Justice (DOJ) abruptly announced a second phase of the new special INS registration requirement. This second phase requires all males born on or before December 2, 1986 who are citizens or nationals of Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, the United Arab Emirates, or Yemen and who have entered the United States on or before September 30, 2002 as non-immigrants and will remain in the United States at least until January 10, 2003, must submit to special registration procedures with the Immigration and Naturalization Service (INS). Individuals who fit the criteria must register between December 2, 2002, and January 10, 2003.

On November 6, 2002 the DOJ had dramatically expanded special registration provisions, by 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 became effective on November 15, 2002.Nonimmigrants from Iran, Iraq, Libya, Sudan and Syria are listed as individuals automatically subject to special registration and fingerprinting requirements upon entry.

This applies to anyone who is not a U.S. Citizen or Permanent Resident, A or G visa holders, or an individual who has applied for asylum. In spite of recent news reports and press releases from the Department of Justice (DOJ), Canadian citizens ARE subject to the registration if they were born in one of the countries listed or are considered dual citizen. 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 also inconsistent with the DOJ’s 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. Generally individuals should appear at their local INS office for instructions. 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).

If you are required to register, have labor certification pending at the Department of Labor but are currently “out of status” it is imperative that you speak with your immigration attorney immediately.

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