SPECIAL CALL-IN REGISTRATION PROCEDURES FOR CERTAIN NONIMMIGRANTS | ||
(for all Call-In Groups) Questions and Answers
In
light of the attacks against the United States on September 11, 2001 and
subsequent events, and based on information available to the Attorney
General, the Attorney General has determined that certain nonimmigrant
aliens require closer monitoring when national security or law enforcement
interests are raised. The first phase of Special Registration, initiated
September 11, 2002, required selected individuals to be fingerprinted,
photographed, and interviewed under oath at United States ports-of-entry.
This new procedure is the second phase, extending registration
requirements to nationals and citizens of designated countries, who
already have been admitted to the United States, to register at an
Immigration and Naturalization Service (INS) district or sub-office.
The
Attorney General has the legal authority to make this determination under
section 265 (b) of the Immigration and Nationality Act, as amended, 8
U.S.C. 1305(b); and under section 263 (a) of the Immigration and
Nationality Act, 8 U.S.C. 1303(a). We
appreciate your understanding and cooperation in complying with these
registration procedures. WHO
WILL THIS AFFECT? Males,
16 years of age or older (born on or before November 15, 1986), who are
nationals or citizens of specified countries as described on the Notice
page(s) preceding these Questions and Answers. WHAT
IS THE DEFINITION OF “CITIZENSHIP”? WHAT IS THE DEFINITION OF A
“NATIONAL”? Citizen: A person owing allegiance to and entitled by birth or
naturalization to the protection of a state. National: A person owing permanent allegiance to a state.
WHY ARE ONLY MUSLIMS AND ARABS
REQUIRED TO REGISTER? To date, individuals from well
over 100 countries have been registered. Registration is based solely on
nationality and citizenship, not on ethnicity or religion. The INS is required, within three
years, to track all of the estimated 35 million foreign visitors,
students, business travelers, and tourists who enter and leave the United
States each year. It also requires that, by 2004, all official travel
documents used to enter the United States contain biometric identifiers
(e.g., fingerprints) in addition to photo identification. This requirement
is made necessary given the number of fraudulent documents presented to
the INS and the use of sophisticated imaging technology to conceal and
falsify identities. The National Security Entry and
Exit Registration System is an important first phase in implementing the
entry/exit program that will cover all visitors to the United States.
Presently, any number of nationals, from any country, can be required to
follow special registration procedures when the Attorney General
determines it is in the national security and/or law enforcement interests
of the United States. It is important to emphasize that
the National Security Entry and Exit Registration System is not a bar to
entry into the United States, nor does it limit an individual’s ability to
engage in any lawful activity as permitted under their entry
visa. ARE THERE ANY EXCEPTIONS? Yes. This does not affect
individuals who are currently lawful permanent residents of the United
States (“green card holders”). Refugees, individuals who have been granted
asylum, and individuals who have applied for asylum on or before the
publication date of the Federal Register notice for the relevant call-in
group are also excluded. In addition, diplomats and their
dependents, individuals with diplomatic visas, as well as representatives
and employees from accredited international organizations are excluded
from the Special Registration Procedures. WHAT ABOUT MY DEPENDENTS, SUCH
AS MY SPOUSE, CHILDREN OR PARENTS; DO THEY HAVE TO REGISTER?
All males, who are 16 years or
older as of the date that registration begins for the relevant call-in
group, must register. WHAT IF MY SPOUSE, CHILDREN OR
PARENTS ARE U.S. CITIZENS OR LEGAL PERMANENT RESIDENTS? DO I STILL HAVE TO
RE Yes. There are no exceptions based
on the immigration status of other family members. WHAT IF I HAVE DUAL CITIZENSHIP? DO I STILL HAVE TO REGISTER? Yes. Those who claim citizenship
from countries included in the Call-In Groups are required to register
even if they are also citizens of another country. WHAT IF I AM IN THE PROCESS OF APPLYING TO BECOME A PERMANENT RESIDENT, BUT MY APPLICATION IS STILL WITH THE INS? DO I STILL HAVE TO REGISTER? Yes. There are no exceptions based
only on filing an application to adjust one’s immigration status to that
of a legal permanent resident. WHAT IF I HAVE APPLIED FOR ASYLUM? DO I STILL HAVE TO REGISTER? Maybe. If you applied for asylum
on or before the publication date of the Federal Register notice for your
call-in group, you do not have to register. If you applied for asylum
after that date, you will have to register. If you have been granted
asylum, you do not have to register. WHAT IF I HAVE BEEN IN THE UNITED STATES FOR MANY YEARS BECAUSE I WAS GIVEN TEMPORARY PROTECTED STATUS (TPS) STATUS? DO I STILL HAVE TO REGISTER? Yes, as long as you were last
admitted to the United States as a nonimmigrant on or before September 10,
2002, for citizens or nationals of Iran, Iraq, Libya, Sudan and Syria, or
on or before September 30, 2002, for citizens or nationals of other
call-in countries. Even if you have been allowed to stay legally in the
United States for many years, you are still required to register.
WH No. The current Special Call-In
Registration requirements apply only to aliens who have been inspected by
an Immigration officer and admitted to the United States.
WHAT IF I WAS PAROLED INTO THE
UNITED STATES? DO I HAVE TO REGISTER? No. If your last entry into the
United States was on or before September 10, 2002, for citizens or
nationals of Iran, Iraq, Libya, Sudan and Syria, or on or before September
30, 2002, for citizens or nationals of other call-in countries, and you
were not inspected and admitted as a nonimmigrant, you are not subject to
Special Registration. WHAT IF I AM CURRENTLY SUBJECT TO SPECIAL CALL-IN REGISTRATION, BUT I DEPART THE UNITED STATES PRIOR TO THE END OF THE REGISTRATION PERIOD FOR MY CALL-IN GROUP? WILL I HAVE TO REGISTER IF I COME BACK TO THE UNITED STATES? You are not subject to Special
Call-In Registration if you depart before the end of the registration
period for your call-in group. However, if you leave the United States and
return, you may be registered at the Port-of-Entry if you are admitted and
are subject to a registration requirement existing at that time. The
criteria for registration at Ports-of-Entry may be different from the
criteria for Call-In Registration. WHERE DO I GO TO REGISTER?
You can go to the designated INS
District or Sub-office closest to where you are located in the United
States. A list of the District and Sub-offices is attached for your
information. It is also available on the Internet at www.ins.usdoj.gov,
and by telephone from the National Customer Service Center (1-800-375-5283
or TTY 1-800-767-1833 for the hearing impaired). WHEN DO I HAVE TO DO THIS?
You must appear in person before,
register with, and provide requested information under oath to an
Immigration and Naturalization Service (INS) officer during the
registration period for your call-in group. DO I HAVE TO MAKE AN
APPOINTMENT? You do not need an appointment to
be registered; but you should come in the morning. You will be seen on the
same day that you come in. Most INS offices are open Monday through
Friday, except on Federal holidays. For your convenience, please call the
National Customer Service Center toll-free (1-800-375-5283) to find out
when a specific INS office is open for business. WHO DO I ASK FOR AT THE INS
OFFICE? When you get to the INS office,
let an INS employee or security guard know that you are there as part of
the Special Registration procedures. An INS Information Officer will
request proof of identity, such as your passport, and then direct you to
the officer who will register you. WHAT WILL HAPPEN WHEN I GO TO
REGISTER? At the interview, you will be
fingerprinted and photographed. You need to bring your passport and Form
I-94 (Arrival – Departure Record), any other forms of government-issued
identification documents that you have been issued, and proof of
residence, employment or school matriculation. For example:
You may also be asked additional
questions of a national security or law enforcement nature. The
interviewing officer could also ask another INS officer to interview
you. If necessary, you should bring
someone to translate for you. A parent or legal guardian may accompany
juveniles under the age of 18. Legal representation is not necessary, but
at your option, you may be represented at your own expense by the legal
counsel of your choice. When you have been registered, the
officer will mark your Form I-94 to indicate that you have complied with
the registration requirement. If you have lost your Form I-94, you may
apply for a replacement at the time of registration. You will have to file
an application and pay any required filing fee to replace the lost
document. The filing fee is currently $85. WHAT IF I MISS THE CALL-IN
REGISTRATION DEADLINE? If you are not able to appear at
an INS District or Sub-office during the specified registration period for
your call-in group, you should come in as soon as possible thereafter. Be
prepared to explain and document why you were unable to register on time.
If the INS officer determines that you did not willfully ignore the
registration requirement, you will be registered. WILL I BE GIVEN ANY PROOF THAT
I HAVE COMPLIED? Yes. Your I-94 (Arrival –
Departure Record) will be annotated with a Fingerprint Identification
Number (FIN) to show that you have registered. If you do not have an I-94,
you may apply for a replacement. The I-94 card is an important document
for Special Registration procedures. You will need to present your
DO I HAVE TO REGISTER EVERY
YEAR? If you stay in the United States
for 1 year or longer after the date you were registered, you must report
to an INS office for an annual interview within 10 days of the anniversary
of the day on which you were registered. For example, if you were
registered on December 10, 2002 you will need to appear again at a
designated INS office between the dates of November 30 - December 20,
2003. To determine your dates: Month/Date of registration: ________________________ Date of being registered ± 10
days:___________________ If you stay in the United States
for 2 or more years, you should report to an INS office between those same
dates each year. You do not need an appointment for
your interview; but you should come in the morning. You will be seen on
the same day that you come in. Most INS offices are open Monday through
Friday, except on Federal holidays. For your convenience, please call the
National Customer Support Center toll-free (1-800-375-5283) to find out
when a specific INS office is open for business. WHAT IF I CHANGE MY ADDRESS? SCHOOL? OR EMPLOYER? If you change your address,
employer or school, you must notify INS by mail within 10 days of the
change. You should use a Form AR-11 SR (Alien’s Change of Address Card –
Special Registration). A copy of the form is attached for your
convenience. It is also available on the Internet at www.ins.usdoj.gov, by
mail from the INS Forms Distribution Center (1-800-870-3979), and at INS
District and Sub-offices. When completing the form, you
should copy the Fingerprint Identification Number (FIN) that was written
on your I-94 (Arrival – Departure Record) form or passport when you were
registered and fingerprinted by the INS to the top of your Form AR-11 SR
(Alien’s Change of Address Card – Special Registration) and to the last
line on the AR-11 SR where indicated. If, for some reason, you do not have
your FIN number, use the number of your I-94 (Arrival – Departure Record).
You can also use your alien registration number if you have been given one
by the INS. Mail to the address noted in the instruction section on the AR-11 SR form. While not required, it is to your
benefit to keep a copy of your completed form and a receipt of delivery
that can be used to document the date on which you submitted the Form and
the address to which it was mailed. DO I NEED TO REPORT TO THE INS WHEN I LEAVE THE UNITED STATES? Yes. When you leave the United
States, including for visits to Mexico, Canada, or adjacent islands, you
must notify the INS in person on the date of your departure and leave
through a designated port. If you do not report your departure, you may be
denied admission to the United States at a later date. CAN I LEAVE FROM ANY AIRPORT, SEAPORT, OR LAND BORDER CROSSING? No. You will only be allowed to
leave the United States from certain designated ports. These include
certain international airports, seaports and land border crossings into
Canada and Mexico. A list of the designated ports and instructions on
where to register your departure is attached for your information. This
list is also available on the Internet at www.ins.usdoj.gov, and from the
National Customer Service Center (1-800-375-5283 or TTY 1-800-767-1833 for
the hearing impaired). Please consult this listing when planning your
travel as newly designated ports may be added by Federal Register notice
at any time. IS THERE A WAIVER PROVISION FOR CALL-IN REGISTRATION? No. Everyone required to register
must do so. After registering, a waiver of all or part of the special
registration requirement(s) for up to one year may be requested in writing
from an INS District Director. There is no form to request a waiver; a
letter is sufficient. Examples of the circumstances that might warrant a
waiver include: a representative of a foreign government who was issued a
visitor’s visa in lieu of a diplomatic visa, an emergent medical
circumstances (such as those requiring hospitalization) during the
interview period. If the waiver is not approved in writing before the
annual interview period, you should appear for the interview.
WILL I NEED TO BE INTERVIEWED,
FINGERPRINTED, AND PHOTOGRAPHED EVERY TIME I ENTER THE UNITED STATES?
Maybe. Nonimmigrant aliens who are
nationals or citizens of Iran, Iraq, Libya, Sudan, and Syria are required
to register each time they are inspected by an Immigration inspections
officer and admitted to the United States. The INS officer at the port of
entry may refer other individuals for Special Registration.
WHAT IF I REGISTER AS PART OF
THE CALL-IN PROCEDURES, LEAVE THROUGH A DESIGNATED PORT, AND THEN GET
SELECTED FOR SPECIAL REGISTRATION WHEN I RE-ENTER THE UNITED STATES? WHICH
PROCEDURES DO I FOLLOW AFTER THAT – PORT OF ENTRY OR CALL IN?
You should follow the procedures
that govern the most recent registration. If you are registered at a port
when you are re-admitted to the United States, you must come in for the
30-day and annual interviews. WHAT ARE THE PENALTIES FOR NONCOMPLIANCE? If you do not comply with these
special registration requirements or other terms of your admission to the
United States during your stay, you will be considered out of status. You
may be subject to arrest, detention, fines and/or removal from the United
States, and any future application for an immigration benefit from the
United States may be impacted. Decisions will be made on an individual
basis, dependent on the circumstances of each case. For the most up-to-date information regarding Special Registration procedures, office hours, or designated ports for departure, please consult the INS web page at www.ins.usdoj.gov , or call the National Customer Service Center at 1-800-375-5283.
Special Call-In Registration Procedures |
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Last Updated: December 30, 2002 |