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A Note from the Editors:
Registration has two components - the Entry-Exit registration, where people
are fingerprinted on the border - and "call-in" registration, where people
are invited to register themselves. The idea behind Entry-Exit registration
is National Security as mandated by Congress in NSEERS. The idea behind
"call-in" registration appears to be to criminalize overstaying from being
a civil violation into a criminal violation, so that obtaining future
benefits through 245(i), for example, becomes difficult if not impossible.
"Call-in" registration appears therefore to be doomed to failure inasmuchas
the news that this is only for suckers will soon spread in immigrant
communities, and future Congressional relief like 245(i) will doubtless be
amended to allow for exemption of criminal violations of not registering.
In the meanwhile, all that "call-in" registration will achieve is to drive
the undocumented deeper underground.
Due to the difficulties in administering the Registration program,
particularly the "call-in" registration program, some in the INS are of the
opinion that it should be suspended until better procedures are evolved
over time. Recent comments by senior DOJ officials leave little doubt that
regardless of the feelings of INS officials, NSEERS is going to proceed
full-speed ahead. The impending demise of the INS, and the move of the
immigration function to the DHS may delay the inevitable, but the
Registration Circus will likely continue to grow larger and more bizarre in
2003.
The failings in "call-in" registration simply point to the obvious that
reforming security through registration is not possible without a
large-scale general amnesty. More importantly, the failings point to the
even more obvious fact that the real security solutions lie in energetic
action overseas, not in energetic destruction of the Bill of Rights at
home.
We welcome readers to send their comments to weeklyeditor@ilw.com.
Articles
The H-1B Series: Part 1 of 6 (Encore)
George N. Lester IV offers Part 1 of his comprehensive look of the H-1B program.
Colorado Honor Student No Longer Beneficiary Of Private Bill
The Denver Post reports "Tancredo spokeswoman Lara Kennedy said he has no intention of taking additional steps to prompt INS enforcement action."
Supremes Hear Argument On Indefinite Detention
The Washington Post reports on the argument in the Supreme Court on indefinite detention and quotes Justice Scalia "That doesn't strike me as terribly unreasonable. Just don't do the felony."
Time For A Change: Why A Points System Should Replace Family Immigration
Gary Endelman writes why a points system for essential workers is not only the best way to legalize the undocumented, but also to reform the legal immigration system.
DOL Audits Part One - A Proactive Approach - Bingo
Alan Tafapolsky writes on how a proactive approach can be used effectively by companies preparing for a Department of Labor (DOL) audit.
INS Scapegoats Immigrants In So-Called Anti-Terrorist Round-Up
The San Diego Union Tribune reports on an INS sweep of immigrants saying "Some of those arrested are suspected of being in the United States illegally. Others have green cards but are slated for deportation because they have criminal records. None is suspected of terrorism."
DOL Audits Part Two - How To Handle A WHA Audit
Alan Tafapolsky writes on what to expect during a Wage Hour Administrator Audit.
How Do I Bring My Child, Son or Daughter to Live in the United States?
Read comprehensive answer from INS on how US citizens can bring their children to live in the US.
ILW Highlights
ILW.COM Discussion Board
"I am in big dilema please help me. I have changed my company from A to B six months back and working with behalf of B company for last six months.they filed for my transfer of my h1, when i was joined that company.After 5 months i got query ,asking for w2 of last two years. I have just last year w2 with me( that too with not good pay). i dont have last before year w2 . What Can I do now.what can i answer to INS.
If A company agrees take me back , is it okay to go, i mean is A company is still valid or not.sure that company A is not canceled my h1. My project with B company is getting over. what about travelling out side USA in this situation. Thing is A is agree to take me back ,but he wants to run payrol after coming from trip only.Is it okay to travel now with A company visa. I have stamped h1 on passport till 2004."
Find answer to this question as well as hundreds of other questions of immigrants like yourself. Visit the active immigration community in ILW.COM's Discussion Board.
Letters to Editors
To write to Editors, send emails to weeklyeditor@ilw.com.
Dear Editor,
I don't really agree with all the criticism for the Special Registration process. Sure, it seems to give the government too much control, but really it's not to control anything. It appears to me that it is more about monitoring who comes in and who goes out of the US and who stays for how long.... and given the devastation of 9/11 I firmly believe it is a tool that should have been in place long ago. I agree it is a headache, and it won't be fun for those of us who have to register every time we enter or leave the US, but I think it takes the ambiguity out of the whole screening process at the entry/exit posts.
Now people who are legally here on H1's or other visas will not be pulled aside to be subject to grueling and endless questioning because the person in question happens to be a male from a particular country travelling alone and is therefore suspicious. All people legally here have to do is show their visas and register their entry or exit and go. People who don't need to be harassed won't be and US immigration won't be wasting their time with the wrong people. They'll know that people who didn't register have something to hide and those they'll go after. Now that may jeopardize those coming here illegally, but then those here illegally have made things difficult for those who have attempted to come and stay here legally. Families aren't allowed into the US even for legal reasons because if the whole family is together they may decide to "stay put" and never leave. They'll want one family member to remain in home country so they know the rest will return. But ultimately, this process will make it harder for terrorists to enter or leave the US without leaving some trail.
It is an inconvenience, but I'll say this, getting a visa and entering or leaving the US hasn't ever been convenient. A little more inconvenience just so the rest of us feel safe is no big deal. However, I do think that the US should allow for a way for those illegally here already to somehow register and legalize themselves, so that everyone is accounted for and those in hiding do not remain in hiding forever, because I do believe that way Immigration will waste less time dealing with harmless illegals and focus on those with darker ulterior motives. They can, then, continue with their clamp down on any new illegal migration to the US.
Fariha Shaikh
Dear Editor,
I do not understand why there is so much hype about "registration" of foreign nationals. Neither my husband nor I are U.S. born and we do not "look American" but I am a U.S. resident and have applied for citizenship and my husband is a U.S. citizen. We have been pulled out of line at airports each time we have traveled and people have sneered at us in stores, but frankly we do not care and we do not mind. We are happy that the government is being "over protective" about its citizens and this wonderful country. Countries we came from are not great countries. As minorities we were always persecuted. Our rights were not protected. We had no access to legal systems. People disappreared in the middle of the night and never returned. So please stop complaining and do not try to bite the hand that feeds you. If you are so unhappy then go back but do not try to stop this country from doing its job. It is doing an excellent job so that our children and grand children will have a safe and secured future.
Name not provided
Dear Editor,
I am Hindu from India staying legally in USA on H4 Visa because
my wife is working on H1B visa. I feel from my heart that Special
Registration is the right and correct approach to handle all the
legal/illegal, temporary student/visitor immigrants. US government is doing
the right work. I really appreciate it. It is great job US government is
carrying out, whether somebody likes it or does not like it. I hope Indian
government would implement Special registration for all immigrants, who are
staying/living in India. America is great country on this earth. God will
always bless United State of America.
Supriya Bose
Dear Editor,
We heard rumors, here in Boston, that immigrants who crossed the border Mexico/USA and who got their work visa and green card through the law 245i are having problems when they try to renew the work visa and green card. Is there any law about this subject?
Silvana Silva
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An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. © Copyright 1999-2002 American Immigration LLC, ILW.COM. Correspondence to weeklyeditor@ilw.com. Letters may be edited and may be published and otherwise used in any medium.
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