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December 13, 2002
Special Registration Deadline for Group I is Monday, December 16, 2002
As posted in previous Greenberg Traurig Newsflashes, the deadline for
Group I Special Registration is Monday, December 16th. The Immigration
and Naturalization Service (INS) has confirmed that there will be NO extension
of the December 16, 2002, despite information being given by some local
INS offices to the contrary. Failure to register as required by these regulations
will render a foreign national deportable from the United States, and a
willful failure to register could invoke criminal penalties.
Group I includes citizens or nationals from Iran, Iraq, Libya,
Sudan or Syria who were admitted to the United States as non-immigrants
on or before September 10, 2002, and who plan to stay in the United States
until at least December 16, 2002. It should be noted that those individuals
registered at a Port of Entry have specific requirements for re-registration
that must be followed carefully.
Citizens or nationals from these five countries must register,
regardless of whether they have dual citizenship (with any country other
than the United States. United States citizens are not required to register).
This registration is part of the second phase of the National Security Entry-Exit
Registration System (NSEERS), being implemented by the INS to fulfill a
Congressional mandate to implement a comprehensive entry-exit program by
2005.
This requirement only applies to males 16 years or older. Most individuals
are students, individuals in the U.S. on extended business travel, or individuals
visiting family members for lengthy periods. The requirement to register
with INS does NOT apply to U.S. citizens, lawful permanent residents (green
card holders), refugees, asylum applicants, asylum grantees, and diplomats
or others admitted under "A" or "G" visas. Failure to register constitutes
a failure to maintain nonimmigrant status (a ground for deportation) and
is a criminal violation.
When you go to the interview, you will be asked a series of questions.
Take the time to review the attached documents to become familiar with the
questions that will be asked. You should be aware that you will be required
to show that you are in lawful immigration status in the United States.
We have received reports that the INS is detaining individuals who are not
in valid status. In other cases, individuals have been placed into removal
proceedings, though they have not been taken into custody. Please note that
failure to register constitutes a failure to maintain nonimmigrant status
(a ground for deportation) and is a criminal violation. Should you have
any questions about your status, we urge you to contact an attorney to review
your case prior to your reporting to the INS for Special Registration.
Group II includes temporary foreign visitors who are citizens or
nationals of Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco,
North Korea, Oman, Qatar, Somalia, Tunisia, United Arab Emirates, or Yemen
who were present in the United States as non-immigrants before October 1,
2002, and who plan to stay in the United States until at least January 10,
2003, must register with their local INS office by January 10, 2003.
Group III will include temporary foreign visitors from Armenia,
Pakistan, and Saudi Arabia. Greenberg Traurig will post an update with
the new information and deadline for registering for this group as soon
as it becomes available. The INS is expected to publish this information
on Monday, December 16, 2002.
It should be noted that dual citizenship notwithstanding, the above-listed
individuals are required to register. Examples of those required to register
are a foreign national holding a French passport, but born in Tunisia, and
a foreign national who is a citizen of both Iran and the U.K. U.S. citizens
are not required to register.
For more details, review the attached documents from the INS. Included
is a version of the INS notice in the Arabic language.
Special Registration Procedures for Visitors and Temporary
Residents (PDF/1,781 kb, 42 pages)
Special Registration of Certain Nonimmigrant Aliens Already
Admitted to the United States (English) (PDF/790 kb, 11 pages)
Special Registration of Certain Nonimmigrant Aliens Already
Admitted to the United States (Arabic) (PDF/86 kb, 1 page)
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