News

Special Registration Requirement Rule To Take Effect Sept. 11, 2002

Courtesy of AILA

The INS issued a final rule in today's Federal Register (August 12, 2002) that puts into effect the Special Registration Requirements of certain nonimmigrant aliens from certain designated countries on Sept. 11, 2002. Below is a summary of the Special Registration requirements.

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 nforcement, 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., MAY BE SUBJECT TO THE SPECIAL REGISTRATION REQUIREMENTS. 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.

In addition, this is a reminder that all non-U.S. Citizens must notify INS of a change of address on Form AR-11 within 10 days of the change.

It is highly recommended that any person who has moved from the date of acquiring Legal Permanent Residency or after entering the U.S. in any non-immigrant status notify INS of his/her current address ASAP and before September 11, 2002.