Memorandum for Clients Subject to Special Registration

“Special registration” is a process intended to track nonimmigrants from certain countries the U.S. Department of Homeland Security and the U.S. Department of State believe produce security threats to the United States. Special registration already affects a number of nonimmigrants, as discussed below, and can be expanded further at any time. It does not apply to permanent residents (green card holders), individuals entering or already in the United States in A or G status, or individuals entering with advance parole.

Who is subject to Special registration?

Thus far six categories of nonimmigrants are subject to special registration. Categories 1 and 2 apply to nonimmigrants entering the United States. These nonimmigrants will be specially registered upon entry. Categories 3, 4, 5 and 6 apply to nonimmigrants already in the country. These nonimmigrants are required to “call in”(appear at) a U.S. Citizenship and Immigration Service (CIS, formerly INS) office to specially register.

Category 1: A nonimmigrant who is a national or citizen of Iran, Iraq, Syria, Sudan or Libya is subject to special registration upon entering the United States. This applies to females and individuals of all ages. Additionally, anyone who a consular officer or an Immigration inspecting officer has reason to believe is a national or citizen of one of the five designated countries will be subject to special registration. This means individuals who have dual citizenship with one of the designated countries will likely be subject to special registration. Additionally, individuals who were born in any of the designated countries, although they are not citizens of those countries, will also likely be subject to special registration at entry.

Category 2: All immigrants meeting certain DHS "preexisting criteria" will be subject to special registration. According to a confidential INS memorandum dated September 5, 2002, all males who are nationals or citizens of Pakistan, Saudi Arabia, or Yemen, between 16 and 45 years of age, other than those entering in A or G nonimmigrant status, must undergo special registration at entry.

Category 3 (“Call In Group 1” on the CIS website): A nonimmigrant male aged 16 or older (born on or before November 15, 1986), last admitted to the United States before September 10, 2002 who plans on remaining in the United States past December 16, 2002, and who is a national or citizen of Iran, Iraq, Syria, Sudan or Libya must personally appear before an immigration officer at a designated location to specially register. They had to do so before December 16, 2002. The deadline was extended, so that if subject individuals did not register by December 16, 2002, they could have done so between January 27, 2003 and February 7, 2003. Individuals entering in A or G status are not subject.

Category 4 (“Call In Group 2” on the CIS website): Recently, the Attorney General added thirteen countries to the designated countries list for special registration purposes. These countries are: Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, United Arab Emirates, and Yemen. Nationals and citizens of these thirteen countries who are male, 16 or older (born on or before December 2, 1986), who were last admitted to the United States on or before September 30, 2002, and who will remain in the United States at least until January 10, 2003 must specially register by personally appearing before an immigration officer at a designated location. They had to do so before January 10, 2003. The deadline was extended, so that if subject individuals did not register by January 10, 2003, they could have done so between January 27, 2003 and February 7, 2003. Individuals entering in A or G status are not subject.

Category 5 (“Call in Group 3” on CIS website): Under a new rule published December 16, 2002 (and modified December 17), all nonimmigrant males aged 16 or older from two additional countries, Saudi Arabia and Pakistan who entered the United States on or before September 30, 2002, and who will remain in the United States at least until February 21, 2003 must personally appear before an immigration officer between January 13, 2003 and March 21, 2003. Armenia was originally included, but has since been retracted. The deadline was extended, so that subject individuals could have registered on or before March 21, 2003. Frequently check our website for updates

Category 6 (“Call in Group 4” on CIS website): Under a notice published January 16, 2003, nonimmigrant males aged 16 or over who are citizens or nationals of Bangladesh, Egypt, Indonesia, Jordan or Kuwait who entered on or before September 30, 2002 must have personally appeared for call-in special registration between February 24, 2003 and April 25, 2003. The deadline was extended, so that subject individuals could have registered on or before April 25, 2003.

What are the procedures for special registration?

Upon Entry: Individuals in Categories 1 and 2 who are deemed subject to special registration upon arrival in the United States will be placed in secondary inspection. The individual will be photographed, fingerprinted, and interviewed during secondary inspection. Subject individuals must also register in-person between day 30 and day 40 after being specially registered at a port of entry. You must do so by personally appearing at a designated DHS office for an interview. At the interview, you can expect the same procedure described below for call-in registrants. You should bring the same documents described below.

“Call In” if Already in the United States: Individuals in Categories 3, 4, 5 and 6 who were already in the United States when the special registration rules took effect for them are required to personally appear before a DHS officer (Category 3: by December 16, 2002; Category 4: by January 10, 2003; Category 5: between January 13, 2002 and March 21, 2003; Category 6: between February 24, 2003 and April 25, 2003).

At the special registration interview at a DHS office, you will be fingerprinted, photographed, and questioned under oath before an immigration officer. You must also present travel documents, including your passport, I-94 card, and any other government-issued identification documents you have been issued. You must also bring proof of residence (here and abroad), employment or school matriculation. For example:

• If you are living in the U.S., 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 U.S. for employment, you could bring a payroll stub, an employment contract, a copy of your nonimmigrant petition and approval, and a letter from your company confirming employment.
• If you are in the U.S. to go to school, you could bring your SEVIS I-20, class schedule, official notification of grades, or student identification cards, and a letter from DSO confirming attendance at school.

You are advised to bring originals for registration, whether at port of entry or at the local DHS office.

All Categories: When you have been registered, the DHS officer will mark your I-94 card with a Fingerprint Identification Number (FIN) to indicate that you have complied with the registration requirement. If you have lost your I-94, you may apply for a replacement at the time or registration. You will have to file an application and pay the filing fee to replace the lost I-94. The fee is currently $85.

Individuals in all categories must re-register in person at a DHS office every year. Those in Categories 1 and 2 must re-register within 10 days of the anniversary marking entry into the United States. Those in Categories 3, 4, 5 and 6 must re-register within 10 days of the anniversary marking the date they first registered at a DHS office. All subject individuals must, within 10 days of changing addresses, submit Form AR-11SR to the DHS at the London, Kentucky address on the bottom of the form. For instructions and a copy of the Form AR-11SR, go to: http://www.uscis.gov/graphics/formsfee/forms/ar-11sr.htm. Finally, subject individuals must leave the United States only from a designated port of departure where an “exit interview” is conducted with an DHS officer. The list of ports and other information relating to special registration is on the DHS website at: http://www.uscis.gov/graphics/lawenfor/specialreg/.

A list of designated DHS interview offices is located on the DHS website at http://www.uscis.gov/graphics/shared/lawenfor/specialreg/index.htm.

Are there special procedures for departing the United States?

Yes. ALL special registrants must leave the United States from a designated port of departure. Consult the CIS web site for a comprehensive list of designated ports of departure and for specific instructions on locating the DHS registration points at particular ports.

Who else is at risk to be specially registered upon entry?

Any nonimmigrant, regardless of nationality or citizenship, can be required to specially register when a DHS inspecting officer has reason to believe that the nonimmigrant meets “preexisting criteria.” Similarly, a nonimmigrant may be subject if an inspecting officer in his or her discretion has reason to believe that monitoring that individual would be in the national interest.

Among the preexisting criteria a DHS inspecting officer may consider is unexplained travel by any nonimmigrant to Iran, Iraq, Libya, Sudan, Syria, North Korea, Cuba, Saudi Arabia, Afghanistan, Yemen, Egypt, Somalia, Pakistan, Indonesia, or Malaysia. The nonimmigrant's behavior, demeanor or answers could also trigger special registration.

Other country “lists” exist and may subject nationals or citizens of those countries to increased security checks. The so-called “List of 26” includes the five originally designated countries, plus the latest thirteen in Category 4 (minus North Korea), plus Bangladesh, Djibouti, Egypt, Indonesia, Jordan, Kuwait, Malaysia, Pakistan and Saudi Arabia.

The “List of 7” state sponsors of terrorism listed in the Enhanced Border Security and Visa Entry Reform Act of 2002 includes the five originally designated countries plus Cuba and North Korea.

Individuals from these countries should expect extended delays in visa issuances and increased scrutiny at the border. They may also be subject to special registration at the discretion of a DHS inspecting officer.

What happens if a nonimmigrant does not specially register?

Failure to specially register is a violation of nonimmigrant status and condition of entry and makes a person deportable. Additionally, those whom the DHS has identified as requiring special registration but who have not specially registered will be entered into a national crime database called the National Crime Information Center (NCIC). Local and state law enforcement officers routinely check the NCIC during traffic and other stops. Consequently, anyone entered on this database who is stopped by local law police may be subject to deportation proceedings.

Where can I find updates for Special Registration Information?

The CIS website offers clear and extensive guidance. Go to: http://www.uscis.gov/graphics/lawenfor/specialreg/index.htm.

Also continue to check the Miller Mayer website as well for updates, both in our monthly newsletter and articles/bulletins.

Date revised: October 28, 2003