The Department of Justice (DOJ) has established four groups of nonimmigrants who are subject to "call in" special registration. In addition to these groups, there is a much larger group of nonimmigrants who are subject to special registration, as triggered by arrival or departure from the United States. Please read this entire Alert for complete details on both "call in" and arrival/departure Special Registration.

"Call In" Groups I and II - Registration Deadline Extended

On January 16, 2003, DOJ announced that persons subject to the two expired deadlines for call-in registration--December 16, 2002 (Group I) and January 10, 2003 (Group II), will be given a new window of time to register between January 27 and February 7, 2003, inclusive.  These individuals include nationals or citizens of:

Iran, Iraq, Libya, Sudan, Syria (Group I) and  Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, United Arab Emirates, Yemen (Group II).

This extension only applies to individuals who were required to register under the Groups I and II Notices described below but who did NOT do so.   If these individuals register during the extended period, from January 27 to February 7, 2003, inclusive, their registration will be considered timely.  If you are a national or citizen of one of the countries listed above, please review the applicable Group I or II section below.

"Call In" Group IV

On January 16, 2003, DOJ published a fourth Notice, effective February 24, 2003, "calling in" certain additional non-immigrants to appear in person and register at a designated local Immigration and Naturalization (INS) district office.  All designated offices are listed below.  This special registration is required on or before March 28, 2003, and requires registration of nationals and citizens (including dual nations/citizens) of:

Bangladesh, Egypt, Indonesia, Jordan or Kuwait, who:

• Are males born on or before February 24, 1987;

• Were inspected and admitted to the United States as a non-immigrant on or before September 30, 2002; and,

• Who will remain in the United States after March 28, 2003.

"Call In" Group III

On December 16, DOJ published a third Notice, effective January 13, 2003, "calling in" certain non-immigrants to appear in person and register at a designated local INS district office. All designated offices are listed below.   This special registration is required on or before February 21, 2003 and requires registration of nationals and citizens (including dual nationals/citizens) of:

Pakistan or Saudi Arabia, who:

• Are males born on or before January 13, 1987;
• Were inspected and admitted to the United States as a non-immigrant on or before September 30, 2002; and,
• Who will remain in the United States after February 21, 2003.

Note: Armenia was originally included in this "call in" group, but was then deleted.

"Call In" Group II

On November 22, 2002, DOJ published a second Notice effective December 2, 2002, "calling in" certain nonimmigrants to appear in person and register at a designated local INS District Office - all designated offices are listed below. This special registration is required on or before January 10, 2003 and requires registration of nationals and citizens (including dual nationals/citizens) of:

Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, United Arab Emirates, Yemen, who

• are males born on or before December 2, 1986,
• were inspected and admitted to the United States on or before September 30, 2002, AND
• will remain in the country until at least January 10, 2003.

"Call In" Group I

On November 6, 2002, DOJ published its first Notice effective November 15, 2002, "calling in" certain nonimmigrants to appear in person and register at the INS offices listed below. This special registration is required on or before December 16, 2002 and requires registration of nationals or citizens (including dual nationals/citizens) of:

Iran, Iraq, Libya, Sudan or Syria, who:

• are males born on or before November 16, 1986,
• were inspected and admitted to the United States on or before September 10, 2002, AND
• who will remain in the country until at least December 16, 2002.

Late registration

Nonimmigrants who were required to report but who did not report may be registered at INS discretion, if an INS officer and his or her supervisor determine that the failure to register in a timely manner was "reasonably excusable" or was not "willful". A recent INS memo provides the following examples: hospitalization, severely limited mobility, or lack of awareness of the requirement. Fear of arrest or deportation is not considered reasonably excusable. If INS determines that the failure was not reasonably excusable, or was willful, such nonimmigrants could be placed in removal (deportation) proceedings. We anticipate that it will be more difficult for a nonimmigrant represented by immigration counsel to establish lack of awareness of the requirement.

Arrival / departure special registration 

On August 12, 2002, DOJ published regulations effective October 1, 2002, establishing the broader system of special registration on arrival or departure from the U.S.

• On arrival at a U.S. port of entry, nonimmigrants subject to special registration are diverted to more in-depth "secondary inspection" and are interviewed, fingerprinted, and photographed.
• Nonimmigrants subjected to special registration on admission must reregister in person with a designated local INS District Office if they remain in the U.S. for 30 days or longer, within 10 days after the 30 day mark (30-40 days after admission), and must report annually, within 10 days of the annual mark of original admission (10 days before or after annual mark).
• Nonimmigrants subject to special registration on admission or through "call in", or who depart the U.S. after October 1, 2002 must report for special registration at designated ports of exit listed below.

For example: if you are admitted and special registered on January 1, 2003, you must report to the INS District Office between January 30, 2003 and February 10, 2003. Your window for annual reporting is December 22, 2003 (10 days before one year mark) to January 10, 2004 (10 days after one year mark).

On September 6, 2002, DOJ published a Notice effective September 11, 2002, making all nonimmigrants who are (or who an officer has reason to believe are) nationals or citizens of Iran, Iraq, Libya, Sudan and Syria, subject to special registration on admission.

In a September 5, 2002 policy memorandum, INS described more ways in which a nonimmigrant can be made subject to special registration, including "officer discretion", "pre-existing criteria," and travel that is "not well explained." The memo also specifically identified male nonimmigrants between ages 16 and 45, who are (or who an officer has reason to believe are) citizens or nationals of Pakistan, Saudi Arabia, and Yemen as meeting "pre-existing criteria" for special registration. Note that given the broad discretion and vague criteria stated in this memo, any nonimmigrant could be made subject to special registration.

INS District Office Procedures and required documents

Nonimmigrants reporting to an INS District Officer for special registration, whether due to a "call in" Notice, the requirement to special register with INS within 30-40 days of admission, or the requirement to special register annually within 10 days of annual mark of initial admission or initial District Office registration, MUST report to an INS office in a timely manner, be prepared to answer questions under oath from an INS officer, and present:

• travel documents, including passport and Form I-94 and any other forms of government-issued identification;
• proof of residence, such as, but not limited to, title to land, lease or rental agreement, proof of school enrollment or graduation, and/or proof of employment;
• other information and/or documentation as required by the Immigration Officer.

INS will interview, photograph, and fingerprint registrants, and will note registrants' compliance on their I-94 cards and on its database.  It is important to make a copy of your Form I-94 for your records after it is annotated. If you appear for registration and you are advised you are not required to register, be sure that your I-94 is also marked to indicate this and that you make a copy of your Form I-94. Registrants do have the right to have an interpreter and/or counsel with them. INS officers do however have the discretion to detain nonimmigrants and place them in removal (deportation) proceedings, for reasons such as but not limited to, being out of status, INS inability to confirm their status, or a law enforcement "hit" upon doing a security check.

Annual registration

Nonimmigrants subject to "call in" or arrival/departure based special registration will be required to comply with annual reporting requirements where they must report again to the INS office within 10 days either before or after  the anniversary of the date they were initially registered (total 20 day window).

Change of address, job or school

In addition, changes of address, job or school, must be reported within 10 days using Form AR11SR (not AR11). See our website's special registration page and our Change of Address FAQ for details.

Who is exempted?

Special registration does NOT apply to:

• Lawful Permanent Residents or U.S. citizens;
• Nonimmigrants who were admitted in A or G (diplomatic) status;
• "Call in" Group IV nonimmigrants who have applied for asylum on or before January 16, 2003 whose cases are still pending;
• "Call in" Group III nonimmigrants who have applied for asylum on or before December 16, 2002 whose cases are still pending;
• "Call in" Group II nonimmigrants who have applied for asylum on or before November 22, 2002 whose cases are still pending;
• "Call in" Group I nonimmigrants who have applied for asylum on or before November 6, 2002 whose cases are still pending;
• Nonimmigrants who have been granted asylum or refugee status; and
• INS General Counsel's office has stated that "parolees" (e.g. adjustment applicants who are admitted using advance parole) are not admitted as nonimmigrants and are therefore not subject to "call in" special registration. Also, those who entered without inspection were not admitted as non-immigrants and are therefore not subject to special registration.

Significantly, and despite an INS press release stating that Canadian citizens may not be affected, dual citizens or dual nationals are NOT exempted from special registration.

Penalties for noncompliance

Penalties for failure to comply timely with this new registration requirement include:

• INS may determine you failed to maintain nonimmigrant status, which may cause INS to deny applications or change or extension of status,
• Penalties for fraudulent statements or for "willful" failure to register include criminal conviction of a federal misdemeanor involving imprisonment of up to six months, and fine up to $1,000,
• Deportation ("removal") from the United States unless you can establish to the INS that such failure was "reasonably excusable or was not willful."
• If you are applying for readmission, INS will presume that you are inadmissible if you failed to report to an inspecting immigration officer at a designated port of entry/exit when you departed the United States.

Waiver

Affected nonimmigrants who believe they should be exempted from special registration requirements may apply to their local INS District Office for relief from the requirement.

Resources and caveats

Please refer to our website and the INS website (http://www.ins.doj.gov) for updates on Special Registration. We anticipate that new call-in requirements may be implemented as INS grapples with the number of individuals appearing to register and as new groups are added. It is your responsibility to make sure that you timely report to the INS to register. Our office, your employer and your school will not be able to track your reporting compliance or to remind you of the annual reporting date. We urge you to keep copies of the Form I-94 annotation showing your special registration for every admission, every periodic reporting to your INS District Office, any AR-11SR forms submitted, and any other correspondence/information received or submitted to INS.

Designated INS interviewing offices for special registration

ALASKA--Anchorage, 620 East 10th Avenue, Anchorage, Alaska 99501

ARIZONA--Phoenix, 2035 North Central Avenue, Phoenix, Arizona 85004

ARIZONA--Tucson, 6431 South Country Club Road, Tucson, Arizona 85706-5907

ARKANSAS--Fort Smith, 4991 Old Greenwood Road, Fort Smith, Arkansas 72903

CALIFORNIA--Fresno, 865 Fulton Mall, Fresno, California 93721

CALIFORNIA--Los Angeles, 300 North Los Angeles Street, Room 2024, Los Angeles, California 90012

CALIFORNIA--Sacramento, 650 Capitol Mall, Sacramento, CA 95814

CALIFORNIA--San Bernardino, 655 West Rialto Avenue, San Bernardino, California 92410

CALIFORNIA--San Diego, 880 Front Street, Suite 1209, San Diego, California 92101

CALIFORNIA--San Francisco, 444 Washington Street, San Francisco, California 94111

CALIFORNIA--San Jose, 1887 Monterey Road, San Jose, California 95112

CALIFORNIA--Santa Ana, 34 Civic Center Plaza, Santa Ana, California 92701

COLORADO--Denver, 4730 Paris Street, Denver, CO 80239

CONNECTICUT--Hartford, 450 Main Street, 4th Floor, Hartford, Connecticut 06103

FLORIDA--Jacksonville, 4121 Southpoint Boulevard, Jacksonville, Florida 32216

FLORIDA--Miami, 7880 Biscayne Boulevard, Miami, Florida 33138

FLORIDA--Orlando, 9403 Tradeport Drive, Orlando, Florida 32827

FLORIDA--Tampa, 5524 West Cypress Street, Tampa, Florida 33607-1708

FLORIDA--West Palm Beach, 301 Broadway, Riviera Beach, Florida 33401

GEORGIA--Atlanta, 77 Forsyth Street, SW., Atlanta, Georgia 30303

GUAM--Agana, Sirena Plaza, Suite 100, 108 Hernan Cortez Avenue, Hagatna, Guam 96910

HAWAII--Honolulu, 595 Ala Moana Boulevard, Honolulu, Hawaii 96813

IDAHO--Boise, 1185 South Vinnell Way, Boise, Idaho 83709

ILLINOIS--Chicago, 230 South Dearborn, 2nd Floor, Chicago, Illinois 60604

INDIANA--Indianapolis, 950 N. Meridian Street, Room 400, Indianapolis, Indiana 46204

IOWA--Des Moines, 210 Walnut Street, Room 369, Des Moines, Iowa 50309

KANSAS--Wichita, 271 West 3rd Street North, Suite 1050, Wichita, Kansas 67202-1212

KENTUCKY--Louisville, 601 West Broadway, Room 390, Louisville, Kentucky 40202

LOUISIANA--New Orleans, 701 Loyola Avenue, New Orleans, Louisiana 70113

MAINE--Portland, 176 Gannet Drive, South Portland, Maine 04106

MARYLAND--Baltimore, 31 Hopkins Place, Baltimore, Maryland 21201

MASSACHUSETTS--Boston, Government Center, JFK Federal Building, Boston, Massachusetts 02203

MICHIGAN--Detroit, 333 Mount Elliot Street, Detroit, Michigan 48207-4381

MINNESOTA--Minneapolis, 2901 Metro Drive, Suite 100, Bloomington, Minnesota 55425

MISSOURI--Kansas City, 9747 Northwest Conant Avenue, Kansas City, Missouri 64153

MISSOURI--St. Louis, 1222 Spruce Street, St. Louis, Missouri 63103

MONTANA--Helena, 2800 Skyway Drive, Helena, Montana 59601

NEBRASKA--Omaha, 3736 South 132nd Street, Omaha, Nebraska 68144

NEVADA--Las Vegas, 3373 Pepper Lane, Las Vegas, NV 89120-2739

NEVADA--Reno, 1352 Corporate Boulevard, Reno, Nevada 85902

NEW HAMPSHIRE--Manchester, 803 Canal Street, Manchester, New Hampshire 03101

NEW JERSEY--Cherry Hill, 1886 Greentree Road, Cherry Hill, New Jersey 08003

NEW JERSEY--Newark, 970 Broad Street, Newark, New Jersey 07102

NEW MEXICO--Albuquerque, 1720 Randolph Road SE, Albuquerque, New Mexico 87106

NEW YORK--Albany, 1086 Troy-Schenectady Road, Latham, New York 12110

NEW YORK--Buffalo, 130 Delaware Avenue, Buffalo, New York 14202

NEW YORK--Garden City, 711 Stewart Avenue, Garden City, New York 11530

NEW YORK--New York City, 26 Federal Plaza, New York, New York 10278

NORTH CAROLINA--Charlotte, 210 E. Woodlawn Road, Building 6, Suite 138, Charlotte, North Carolina 28217

OHIO--Cincinnati, 550 Main Street, Room 4001, Cincinnati, Ohio 45202

OHIO--Cleveland, 1240 East Ninth Street, Cleveland, Ohio 44199

OHIO--Columbus, 50 West Broad Street, Suite 304D, Columbus, Ohio 43215

OKLAHOMA--Oklahoma City, 4149 Highline Boulevard, Suite 300, Oklahoma City, Oklahoma 73108

OREGON--Portland, 511 Northwest Broadway, Portland, Oregon 97209

PENNSYLVANIA--Philadelphia, 1600 Callowhill Street, Philadelphia, Pennsylvania 19130

PENNSYLVANIA--Pittsburgh, 1000 Liberty Avenue, Room 214, Pittsburgh, Pennsylvania 15222

PUERTO RICO--San Juan, 7 Tabonuco Street, Guaynabo, Puerto Rico 00968

RHODE ISLAND--Providence, 200 Dyer Street, Providence, Rhode Island 02903

ST. CROIX--Christiansted, Sunny Isle Shopping Center, Christiansted, St. Croix, U.S. Virgin Islands 00820

ST. THOMAS--Charlotte Amalie, Nisky Center, Suite 1A, First Floor South, Charlotte Amalie, St. Thomas, U.S. Virgin Islands 00802

SOUTH CAROLINA--Charleston, 170 Meeting Street, Fifth Floor, Charleston, South Carolina 29401

SOUTH CAROLINA--Greer, 142-D West Philips Road, Greer, South Carolina 29650

TENNESSEE--Memphis, 1314 Sycamore View Road, Suite 100, Memphis, Tennessee 38134

TEXAS--Dallas, 8101 North Stemmons Freeway, Dallas, Texas 75247

TEXAS--El Paso, 1545 Hawkins Boulevard, El Paso, Texas 79925

TEXAS--Harlingen, 2102 Teege Avenue, Harlingen, Texas 78550-4667

TEXAS--Houston 126 Northpoint Drive, Houston, Texas 77060

TEXAS--San Antonio, 8904 Fourwinds Drive, San Antonio, Texas 78239

UTAH--Salt Lake City, 5272 South College Drive, 100, Murray, Utah 84123

VERMONT--St. Albans, 64 Gricebrook Road, St. Albans, Vermont 05478

VIRGINIA--Norfolk, 5280 Henneman Drive, Norfolk, Virginia 23513

WASHINGTON, D.C., 4420 North Fairfax Drive, Arlington, Virginia 22203

WASHINGTON--Seattle, 815 Airport Way, South Seattle, Washington 98134

WASHINGTON--Spokane, 920 W. Riverside Room 691, Spokane, Washington 99201

WASHINGTON--Yakima, 417 E. Chestnut, Yakima, Washington 98901

WEST VIRGINIA--Charleston, 210 Kanawha Boulevard West, Charleston, West Virginia 25302

WISCONSIN--Milwaukee, 310 East Knapp Street, Milwaukee, Wisconsin 53202  

The following ports of entry/exit are specifically designated for final registration and departure by nonimmigrants subject to special registration:

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