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What is Special Registration?Compiled by Lal Varghese
Special Registration is a system that will let the government keep track of nonimmigrants that enter U.S. Some of the approximately 35 million nonimmigrants who enter the U.S. - and some nonimmigrants already in the U.S. will be required to register with INS either at a port of entry or a designated INS office in accordance with the special registration procedures. These special procedures also require additional in-person interviews at an INS office and notifications to INS of changes of address, employment, or school. Nonimmigrants who must follow these special procedures will also have to use specially designated ports when they leave the country and report in person to an INS officer at the port on their departure date.
What is the basis of this Special Registration? Immigration & Nationality Act sections 214, 221, and 261-266 and Code of Federal Regulations (8CFR) sections 214.1, 264, and 265, and US Patriot Act by establishing a National Security Entry-Exit Registration System (NSEERS) are relevant provisions in implementing Special Registration for certain classes of nonimmigrants.
Congress required by USA PATRIOT Act that the Justice Department should develop an entry-exit system in order to provide greater protection for the United States and help aliens fulfill their responsibilities under the laws of the United States. The responsibility to establish the NSEERS is already contained in the INA. Some of the provisions mentioned above dates back to 1950s; others were added by Congress in the 1990s. The Congress by passing USA PATRIOT Act mandated that by 2005 the Department of Justice should build an Entry-Exit system that tracks virtually all the 35 million nonimmigrants who enter US annually. The NSEERS program is the first step towards development of a comprehensive entry-exit system that will track approximately 100,000 nonimmigrants in the first year, which will be applicable to virtually all-foreign visitors entering US on nonimmigrant status by 2005.
U. S laws have long required aliens who stay in the United States for more than 30 days to be registered and fingerprinted. However, such requirements have been suspended for decades, with respect to most nonimmigrants entering U. S. The NSEERS program will put registration and finger printing requirements back in place, along with exit controls as per the notices published by the Attorney General.
Section 263 (1) (6) of the INA, authorizes Attorney General to prescribe special regulations and forms for the registration and finger printing of aliens of any other class not lawfully admitted to the United States for permanent residence. The Attorney General by notices published in the Federal Register on 11/06/2002, 11/22/2002, and 12/18/2002 required male nationals and citizens who has reached the age of 16 as on the date of respective notices of 21 countries who were inspected and admitted into US on or before specific dates mentioned in the respective notices should appear before INS to be photographed, finger printed, and to answer questions under oath. The notices published in the Federal Register by the Attorney General and subsequent interpretation of the same by INS, all nationals and citizens inspected and admitted to US, whether they are presently out of status (illegal), even if having an immigrant petition or labor certification application filed on or before the dead line of 01/14/1998 or later dead line of 04/30/2001, or having a pending application for adjustment of status under section 245(i), has to appear for finger printing and picture taking and to answer questions under oath.
Those aliens who failed to maintain their nonimmigrant status may be detained by INS for several days, with or without a bond for your release, and may be issued with Notice to Appear (NTA) for removal (deportation) proceedings to be initiated before an Immigration Judge when they appear for Special Registration. There are risks of not registering since a willful failure to register may constitute a failure to maintain nonimmigrant status, which is ground for removal (deportation). If the alien is out of status and decides not to register it may prevent such alien from receiving many benefits available under law in the future, even though regulations do not say so.
This notice also requires aliens to register within 10 days of each anniversary of the date on which they were first registered. They should also provide their change of address within 10 days of such change in form AR-11 (SR) to the INS. The notice also requires aliens registered under the NSEERS must report to an inspecting officer of the INS at a designated port of departure when departing U. S., and failure to do so will be presumed as the alien inadmissible to the US.
Special Registration has put in trouble those aliens who were inspected and admitted into U. S by an immigration officer especially those who are staying out of status thinking that they were protected under section 245(i) by having an immigrant petition or labor certification application filed on or before the dead lines of 01/14/1998 or the later dead line of 04/31/2001. Those who entered without inspection (EWI) through boarder from Canada, Mexico, or by sea, need not register under this Special Registration rules published by Attorney General, and hence they are not in trouble from being deported from U. S for the time being.
Special Registration, the way it is being implemented by INS virtually eliminates any protection granted under section 245(i) to those aliens who were inspected and admitted, but out of status in U. S. presently. On the other hand Special Registration rules do not require aliens entered without inspection (EWI) to appear for finger printing, photographing, and answering questions under oath. One such alien who entered without inspection (EWI) came to my office, and after reviewing his case, I told him that he is not required to register under the Special Registration, suddenly he exclaimed, "May God Bless America". Special Registration should be used to track terrorists, and should not be used to deport aliens who were protected under section 245(i), unless they are terrorists or criminals.
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