Additional Registration Requirements - Mandatory Notification to INS
of Change of Address - Violations May Result in Criminal Penalties, Jail
and/or Deportation
This is an important update from the AILA Conference taking place in
San Francisco. Additional registration and information provisions are
being imposed and/or enforced on all non-citizens and can be traced to
the move for additional security in light of the September 11 events.
Regulations have just been released which may take effect as early as
30 days from today. These regulations will impose draconian penalties,
including possible DEPORTATION, as well as jail and monetary penalties
for any NON- U.S. CITIZEN,(i.e., including U.S. permanent residents (LPRs))who
remains in the U.S. for 30 days or more and who fail to notify INS within
10 days of any change of address by submitting the Form AR-11 to the
INS office in Washington, D.C.
Other "changes" if even remotely related to a person's immigration status
- change in schools, change in employment may be subject to the reporting
requirement like a change of address. This will need to further explained
by INS.
Failure to do so will subject the violator to 30 days in jail, a monetary
fine of $200, possible deporation from the U.S. - even for Permanent
Residents, as well as the person's name being placed on the National
Crime Information database. Placement of a name on this database will
subject the person to immediate arrest by law enforcement organization
and the arrestee will be subject to the above penalties, including deporation
by the INS. No waiver for deporation is available for this grounds for
removal.
The Form AR-11 can be dowloaded from the INS web-site www.ins.gov or
my office can provide copies for distribution. The completed form should
be sent to the INS office listed in the instructions by certified mail
with return receipt. This is important evidence to prove compliance.
My office can assist with this if requested.
In addition, all foreign nationals, including Permanent Residents should
immediately start carrying his/her immigration documents (i.e., Alien
Registration Card for (LPRs), or Form I-94s) at all times in their person
to show valid immigration status in the U.S. If an individual fails
to produce such documentation, he or she would be subject to immediate
arrest even by local law enforcement authorities for sanctions to be
imposed by INS.
Special Registration
The regulations also propose that certain nationals of high risk nations:
the 26 countries whose citizens are subject to additional security
clearances,(Afghanistan,
Algeria, Bahrain, Dijbouti,Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan,
Kuwait, Lebanon, Libya,Malaysia, Morocco, Oman, Pakistan, Qatar, Saudi
Arabia, Somalia, Sudan, Syria, Tunisia, United Arab Emirates, Yemen)and
other countries which have substantial Muslim populations - i.e., Philippines
- may be required to under go special registration procedures when he/she
enters the U.S. or if already in the U.S. to go to a designated INS office
to do so.
IMPORTANT - In addition, at the discretion of the INS Inspecting officer
at the Port of Entry, ANY PERSON whom the INS officer believes poses
a high risk as they relate to either national security or law enforcement,
including a person likely to violate immigration status (i.e., work without
authorization) or likely to overstay the period of authorized stay in
the U.S., WOULD BE SUBJECT TO THE SPECIAL REGISTRATION REQUIREMENTS below.
This means a non-muslim, European business visitor may be subject to
the Special Registration procedures as well, if the INS officer determines
it is warranted.
The special registration procedures will include the following:
1. Photographing & Fingerprinting
2. Completion of a detailed information form - asking for details of
the person's background, intended activity, contact information in the
U.S. and at home, etc.
3. Requirement to report to a designated INS office 30 days after entry
to provide documentation to confirm the accuracy of the information provided
at the initial registration - including local address in the U.S., confirmation
of attendance at school or business activity, 2nd form of photo ID, etc.
4. If still in the U.S. - Requirement to report to a designated INS office
on the 12 month anniversary of the initial date of admission into the
U.S. or within 10 days of the anniversary to provide the same type of
confirming documentation similar to those required for the 30 day report.
5. Requirement to notify INS of any change in address within 10 days
using Form AR-11, as described above, as well as any material change
in activity/status in the U.S.
6. Requirement that the foreign national who is subject to the Special
Registration report to an INS "Departure Control Officer" at the INS
designated port (even if different from the original Port of Entry) before
leaving the U.S.
Failure to comply with any of the above would subject the individual
with up to 6 months in jail, up to $1,000 fine, as well as possible deporation
from the U.S. with no waiver available.
Accordingly, the permissive climate for casual/business visitors to the
U.S., non-immigrants coming to work, study or train, as well as Legal
Permanent Residents (LPRs) will be drastically changed by this regulation.
Please alert any person who may be affected by this regulation that
he/she must pay special attention to comply with the reporting requirements,
especially the change of address reporting requirement since all Non-U.S.
Citizens will be subject to the drastic penalties if they fail to comply.
