The Immigration and Naturalization Service recently announced that males age 16 and above from Saudi Arabia and Pakistan who entered the U.S. as nonimmigrant visas on or before 9/30/02 must appear for NSEERS registration with the Immigration and Naturalization Service (INS) between 1/13/03 and 2/21/03.

Here are some frequently asked questions about this "special registration?" Please remember that if you believe registration requirements apply to you, it is advisable to seek the advice of an attorney before registration.

Q. Who does not have to register?

A. Even if from one of the designated countries, the people who are not required to register under “call-in” special registration are:

Females
U.S. citizens
Lawful permanent residents of the U.S.
“A” and “G” nonimmigrants
Anyone who applied for asylum before a specified date
Anyone who already was granted asylum.

Q. What about someone who has dual citizenship?

A. If the person is a citizen of one country but may have retained citizenship of one of these specified countries, the DOJ has stated that the person must register.

Q. Where do these men need to register?

A. The DOJ has specified only certain INS offices for special registration. A list of these offices is at 67 Fed. Reg. 67767, 70527 and on the INS website: http://www.ins.gov/graphics/lawenfor/specialreg/index.htm

Q. What must registrants present and what will happen when they go to register?

A. Registrants will be asked questions “under oath.” The INS agent will “record” the answers. The registrant will be fingerprinted and photographed. The officer may ask to see travel documents, including passport and I-94; any other government-issued identification; proof of residence, including leases or proof of titles; proof of school matriculation; and proof of employment. The officer may ask many other, unrelated questions.

Q. Do people who entered the U.S. without inspection need to register?

A. No. Only people who were inspected by the INS and last admitted into the U.S. as nonimmigrants are required to register under the call-in special registration.

Q. People who were admitted under “advance parole” -- do they need to register under “call-in” special registration?

A. We have been informed that the INS believes these people are “parolees” and thus not subject to call-in special registration.

Q. How has the INS been treating people who go to register under call-in special registration?

A. Many people, including some who thought they were in lawful status, have been arrested when they have gone in to register. Some have been detained by the INS for up to several days before being released. In other cases, the INS has issued a Notice to Appear (NTA) to begin removal (deportation) proceedings.

Q. May a lawyer accompany the person registering?

A. Yes, the INS should permit a lawyer to accompany the registrant.

Q. If I was admitted as a nonimmigrant but now am out of status, should I register?

A. It is impossible to give general advice that will fit every situation. Also, special registration is very new, so there is a lot we do not know about what will happen. But here are some risks and reasons on both sides. Of course there may be other risks and reasons in individual cases. Ultimately, the decision must be yours to make, after being informed of all the risks and reasons in your particular case.

The risks of registering, especially if you are out of status:

The INS will ask you many questions, including (but also possibly going far beyond) your immigration status, your job, living situation, religious practices, family, friends, and acquaintances;
the INS may arrest and detain you for hours or days;
the INS may issue an NTA and begin removal (deportation) proceedings.
INA section 266(c) provides criminal penalties for knowingly providing false information when registering.

The risks of not registering:

a willful failure to register may make the you deportable for failure to maintain nonimmigrant status (unless the AG finds the failure was “reasonably excusable”);
although the regulations do not say so, there is concern that failure to register may be used by the INS or an immigration judge in the future as a negative discretionary factor in AOS or other applications for relief.
INA section 266(a) provides for criminal penalties for willful failure or refusal to register.

Q. Do other registration requirements apply to people from these countries?

A. Yes. They must register annually and notify the INS of changes of address within 10 days of such a change. They may also be required to depart only from certain designed ports. See the INS website for additional information.

If you believe special registration applies to you, please feel free to contact us by email with your questions.