Q. What is “call-in” special registration?
A. The Attorney General has notified specified nonimmigrants already in the U.S. that they must appear in person at designated INS office and be photographed, fingerprinted and interrogated.
Q. Who is required to register under “call-in” special registration, and by when?
A. To date, the Department of Justice (DOJ) has issued four notices listing different countries. Different dates apply to each group of countries:
The “five” countries (“Group I” notice): Iran, Iraq, Sudan, Syrian, Libya
Male citizens or nationals of these countries who
were born on or before November 15, 1986
were inspected and last admitted to the U.S. as nonimmigrants
on or before September 10, 2002 and who
will remain in the U.S. at least until December 16, 2002
and who did not register on or before the original deadline, December 16, 2002
must register with the INS at one of specified locations between January 27, 2003 and February 7, 2003, inclusive2 See 67 Fed. Reg. 66765-68 (Nov. 6, 2002); 68 Fed. Reg. 2366-2367 (Jan. 16, 2003).
The “thirteen” countries (“Group II” Notice): Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, United Arab Emirates, Yemen
Male citizens or nationals of these countries who
were born on or before December 2, 1986
Were inspected and last admitted to the U.S. as nonimmigrants
on or before September 30, 2002 and who
will remain in the U.S. at least until January 10, 2003
and who did not register on or before the original deadline, January 10, 2003
must register with the INS between January 27, 2003 and February 7, 2003, inclusive3 See 67 Fed. Reg. 70525-28 (Nov. 22, 2002); 68 Fed. Reg. 2366-2367 (Jan. 16, 2003).
The “two” countries (“Group III” Notice): Pakistan and Saudi Arabia
Male citizens or nationals of these countries who
were born on or before January 13, 1987
were inspected and last admitted to the U.S. as nonimmigrants
on or before September 30, 2002 and who
will remain in the U.S. after February 21, 2003
must register with the INS between January 13 and February 21, 2003 inclusive. See 67 Fed. Reg. 77642-77644.
The “five” countries (“Group IV” Notice): Bangladesh, Egypt, Indonesia, Jordan, and Kuwait
Male citizens or nationals of these countries who
were born on or before February 24, 1987
were inspected and last admitted to the U.S. as nonimmigrants
on or before September 30, 2002 and who
will remain in the U.S. after March 28, 2003.
must register with the INS between February 24, 2003 and March 28, 2003, inclusive. See Fed. Reg. 68 2363-2366.
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 date4
Anyone who already was granted asylum.
Q. What about someone who has dual citizenship or nationality?
A. If the person is a citizen of one country but may have retained citizenship or nationality of one of these specified countries, the Federal Register notices seem to say that the person must register
However, if the person is a U.S. citizen and possibly a citizen or national of another country, he does not have to register because the statute, INA section 263(a) and regulation, 8 C.F.R. 264.1(f), and “call-in” registration notices, 67 Fed. Reg. 67765 and 70525 apply only to “aliens.”
Q. What is a “national”?
A. The INA defines a “national” as “a person owing permanent allegiance to a state.” INA section 101(a)(21), 8 U.S.C. 1101(a)(21). This is not a very helpful definition in this context. Allegiance must be determined by reviewing the law of the country, as each country determines its own citizenship and nationality law.
However, Board of Immigration Appeals precedent says that a dual national nonimmigrant is deemed for immigration purposes to be of the citizenship or nationality he claimed or established at the time he entered or was admitted to the United States. Matter of Ognibene, 18 I & N Dec. 425 (BIA 1983). The continued presence of the person as a nonimmigrant is strictly governed by the condition of the nationality under which he was admitted, the Ognibene decision says. See also Jang v. Reno, 113 F.3d 1074, 1078 (9th Cir. 1997) (approving the INS policy of treating a dual national as a national of the country upon whose passport he entered).
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. The INS says these people are “parolees” and thus not subject to call-in special registration. However, apparently not all offices are following this interpretation. We have received a report from a parolee who was required to appear, register and be interrogated even though he had been fingerprinted and photographed under the NSEERS program when he came into the United States on “advance parole.” In the absence of more concrete guidance, it is advisable to check with the local INS office and if they advise that the parolee does not have to register, to make a record of the conversation or communication.
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, 77643, and 68 Fed. Reg. 2365-66 and also on AILF’s website http://www.ailf.org/lac/911PA.htm 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, including questions related to national security and law enforcement.
Q. Is the registrant given proof that he registered?
A. After registration, the INS is supposed to mark the registrant’s I-94 (Arrival-Departure Record) with a Fingerprint Identification Number (FIN) to show that the person has registered. If the person does not have an I-94, he is supposed to be able to apply for a replacement.
Q. Does the registrant have to answer all questions the INS asks?
A. The rule purports to require that the registrant answer all questions and provide all requested information, even if it is not “material” to his immigration status. The regulation says that registration is not complete unless all of the requested information and documents are provided. 8 CFR 264.1(f)(9). Assuming this regulation – which primarily applies to the “entry” registration -- applies to the call-in registrants, the call-in registrants must provide all information and documents the INS requests.
Q. Should citizens and nationals of other countries expect to have to register?
A. Yes, we expect that the DOJ may add other countries to the list, so people should be alert and check the AILA, AILF, and INS websites.
Q. Under what authority is the Attorney General requiring registration?
A. The Attorney General is citing INA sections 263(a) and 265(b), 8 U.S.C. sections 1303(a), 1305(b) and 8 C.F.R. 264.1(f) for authority.
