Federal Agencies, Agency Memos & Announcements

DOJ Information on Call-In Special Registration

12/4/02 AILA Doc. No. 02120442.

SPECIAL CALL-IN REGISTRATION PROCEDURES
FOR CERTAIN NONIMMIGRANTS
(Call-In Group 2, Federal Register Notice - November 22, 2002)

THIS NOTICE IS FOR YOU

If you are a national or citizen of Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, United Arab Emirates, and Yemen and were inspected by the Immigration and Naturalization Service and last admitted to the United States as a nonimmigrant on or before September 30, 2002; and
If you are a male, born on or before December 2, 1986; and
If you did not apply for asylum on or before November 22, 2002, or if you are otherwise exempt as described in the attached questions and answers; and
If you will be in the United States at least until January 10, 2003.

WHAT YOU NEED TO DO

You must come to a designated INS office to be registered (photographed, fingerprinted, and interviewed under oath) between December 2, 2002 and January 10, 2003.
If you remain in the United States for more than 1 additional year, you must report back to a designated INS office within 10 days of the anniversary of the date on which you first registered. For example, if you were registered December 20, 2002, you would report back between December 10 and December 30, 2003.
If you change your address, employment, or educational institution, you must notify the INS in writing within 10 days of the change, using Form AR-11 SR.
If you leave the United States, you must appear in person before an INS inspecting officer at one of the designated ports and leave the United States from that port on the same day.

IT IS VITAL THAT YOU COMPLY

If you do not follow these procedures, you may be considered to be out of status and deportable. You may be subject to arrest, detention, fines and/or removal from the United States. Any future application for an immigration benefit from the United States may be adversely impacted. If you do not properly exit through a designated port, any future attempts to reenter the United States may be impacted. Decisions will be made on an individual basis, depending on the circumstances of each case.
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SPECIAL CALL-IN REGISTRATION PROCEDURES FOR CERTAIN NONIMMIGRANTS
(Call-In Group 1, Federal Register Notice - November 6, 2002)

THIS NOTICE IS FOR YOU

If you are a national or citizen of Iran, Iraq, Libya, Sudan, or Syria and were inspected by the Immigration and Naturalization Service and last admitted to the United States as a nonimmigrant on or before September 10, 2002; and
If you are a male, born on or before November 15, 1986; and
If you did not apply for asylum on or before November 6, 2002, or if you are otherwise exempt as described in the attached questions and answers; and
If you will be in the United States at least until December 16, 2002.

WHAT YOU NEED TO DO

You must come to a designated INS office to be registered (photographed, fingerprinted, and interviewed under oath) between November 15 and December 16, 2002.
If you remain in the United States for more than 1 additional year, you must report back to a designated INS office within 10 days of the anniversary of the date on which you first registered. For example, if you were registered November 20, 2002, you would report back between November 10 and November 30, 2003.
If you change your address, employment, or educational institution, you must notify the INS in writing within 10 days of the change, using Form AR-11 SR.
If you leave the United States, you must appear in person before an INS inspecting officer at one of the designated ports and leave the United States from that port on the same day.

SPECIAL CALL-IN REGISTRATION PROCEDURES FOR CERTAIN NONIMMIGRANTS
(for all Call-In Groups)

Questions and Answers

WHY IS THE U.S. GOVERNMENT DOING THIS?
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"?

Citizenship: The country in which a person is born (and has not renounced or lost citizenship) or naturalized and to which that person owes allegiance and by which he or she is entitled to be protected.

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 REGISTER?
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.

WHAT IF MY LAST ENTRY TO THE UNITED STATES WAS NOT LEGAL (WITHOUT INSPECTION AND ADMISSION), AND I NOW HAVE TEMPORARY PROTECTED STATUS (TPS)? DO I HAVE TO REGISTER?
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.uscis.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:

If you are living in the United States, you could bring a lease or rental agreement, utility bills, etc. to show where you live.
If you are staying with friends or relatives, you could bring documents such as a postmarked envelope or bill showing their name and address.
If you are in the United States because of a job, you could bring a payroll stub, an employment contract, etc.
If you are in the United States to go to school, you could bring your class schedule, official notification of your grade(s), your class or yearbook picture, student identification card, evidence of participation in extracurricular activities, etc.

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 I-94 card each time that an INS officer interviews you, and surrender it when you leave the United States.

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 http://www.uscis.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 http://www.uscis.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 http://www.uscis.gov, or call the National Customer Service Center at 1-800-375-5283.