Special Registration for Persons Entering the United States After September 11, 2002

Summary

Effective September 11, 2002, nonimmigrant aliens inspected and admitted to the United States on or after September 11, 2002 who are nationals or citizens of Iran, Iraq, Libya, Sudan, or Syria, or who meet pre-existing criteria will be fingerprinted and photographed upon arrival. They will also be required to appear for an in-person registration 30 days after arrival, annually while they are in the United States, and immediately before leaving the United States. Failure to comply will make these aliens deportable.

Who does it apply to?

This Special Registration applies to all aliens who (1) are nationals or citizens of one of the five designated countries, notwithstanding any dual nationality or citizenship; or who meet pre-existing criteria that indicate that such aliens presence in the United States warrants monitoring in the national security or law enforcement interests of the United States, and (2) are inspected and admitted to the United States as a nonimmigrant on or after September 11, 2002.

Who does it not apply to?

This Special Registration does not apply to any alien who (1) holds A or G nonimmigrant classification, or (2) is a lawful permanent resident of the United States.

What are the penalties?

A willful failure to comply with this Special Registration, including providing full and truthful information to the INS, constitutes a failure to maintain nonimmigrant status and will render the alien deportable.

In addition, an alien who fails to notify the INS of a change of address (by filing Form AR-11) shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $200 or be imprisoned not more than thirty days, or both. Irrespective of whether an alien is convicted and punished, any alien who fails to give written notice of his change of address shall be taken into custody and removed from the United States, unless the alien establishes that such failure was reasonably excusable or was not willful. If it becomes necessary to place the alien in removal proceedings, the INS may use the most recent address provided by the alien for service of the Notice to Appear.

Finally, effective October 1, 2002, if an alien fails, without good cause, to report to an inspecting officer of the INS when departing the United States, the alien shall thereafter be presumed to be inadmissible under, but not limited to, section 212(a)(3)(A)(ii) of the Act [security and related grounds].

What is the procedure?

Special Registration is required:

(1) Upon the alien’s admission to the United States. The alien shall (a) provide information required by the INS; (b) be fingerprinted and photographed by the INS; and (c) if the alien remains in the United States for 30 days or more, be advised to reregister in person at a designated INS office between 30 and 40 days after the date of his admission.

(2) Between 30 and 40 days after admission. The alien must appear in person at a designated INS office and shall provide the INS with proof of compliance with the conditions of his nonimmigrant visa status and admission, including, but not limited to, proof of residence, employment, or registration and matriculation at an approved school or educational institution. The alien shall provide any additional information required by the INS.

(3) Each and every year after admission. The alien shall annually, no later than 10 days from the anniversary of his initial arrival date into the United States, reregister in person with the INS at the district office in which the alien’s residence is located.

(4) Upon departure from the United States. The alien shall report to an INS inspecting officer at a designated port of departure to be examined and to have his departure confirmed and recorded by the inspecting officer.

What are other requirements?

All aliens subject to Special Registration who remain in the United States for 30 days or more shall notify the INS of any change of address of residence, change of employment, or change of educational institution, within 10 days of such change.