Headline: DHS MAKES SIGNIFICANT CHANGES TO SPECIAL REGISTRATION REQUIREMENTS

The Department of Homeland Security (DHS) published a rule On December 2, 2003, that amends several important requirements associated with the Special Registration part of the NSEERS (National Security Entry-Exit Registration System) program. Please note that despite circulating rumors, the Special Registration program has been modified by the new rule, it has not been eliminated.

HISTORY

Last year, NSEERS established a national registry for temporary foreign visitors (non-immigrant aliens) arriving from certain countries, or who met a combination of intelligence-based criteria, and were identified as presenting an elevated national security concern. The program collected detailed information about the background and purpose of an individual's visit to the United States, the periodic verification of their location and activities, and departure confirmation. Last year in addition to being interviewed upon departure and entry, the then INS called in male citizens or nationals from 25 different countries: Afghanistan, Algeria, Bahrain, Bangladesh, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Libya, Lebanon, Morocco, North Korea, Oman, Pakistan, Qatar, Somalia, Saudi Arabia, Sudan, Syria, Tunisia, United Arab Emirates, and Yemen. This program was called Special Registration. These citizens or nationals were interviewed during set call in dates, at which time they were photographed and fingerprinted.

The ".announcement that the domestic NSEERS interview requirement will be phased out is another important step forward by the Department of Homeland Security to maintain the integrity and security of our nation's immigration systems," said Asa Hutchinson, Undersecretary for Border and Transportation Security in the Department of Homeland Security. "This change will allow us to focus our efforts on the implementation of US-VISIT while preserving our ability to interview some visitors when necessary."

NEW PROGRAM

DHS is preparing to institute a new program, US-VISIT, at the end of this year that will collect information and biometric identifiers from most visitors to the U.S., and record their departure. The Department anticipates that this will meet the national security needs that NSEERS previously fulfilled. Until then, information will be collected through the newly amended Special Registration program.

Under the new rule, Special Registration in NSEERS will continue to exist, and certain non immigrants will continue to be registered upon admission through a U.S. port of entry. Those international students and scholars subject to Special Registration in NSEERS are still required to use only designated ports of departure and must appear before a Customs and Border Protection (CBP) officer at the airport when departing the U.S. Turning in the I-94 or being processed by airline personnel does not satisfy this requirement.

WHERE DO I REPORT?

Special Registrants must report to the arrival level, South End at Tom Bradley International Terminal) at Los Angeles International Airport. The departure office is located next to the Interline Connecting Baggage Area (INSPASS Enrollment Center). The address is 380 World Way, Arrival Level, Los Angeles, CA 90045, (310)568-7500, hours of operation: 7:00 am to 12:00 Midnight.

DEPARTURE WAIVER

The new regulation allows certain non immigrants to apply for an exemption of the departure control requirement, under limited circumstances. Any exemption would have to be approved by DHS before the non immigrant is relieved of his or her departure control obligations. It is also believed that the DHS will be very selective in approving a waiver of departure control. Interested international students and scholars may request this waiver in writing. There is no form; a letter is sufficient. Examples of circumstances which might warrant a request for departure waiver would be for students and scholars who may have been registered in error. If this waiver is not approved in advance of travel, the special registrant must report to the INSPASS Enrollment Center prior to leaving the country. Waiver requests must be U.S. Customs and Border Protection field office Director for the port that you intend to depart from. These addresses can be found at www.uscis.gov. Include a detailed letter that has your name, date of birth, fingerprint identification number (found on your I-94 Card.), and a 1" x 1" passport style photo.

SPECIAL REGISTRATION CALL-IN SUSPENDED

Previously, Special Registration in NSEERS required certain individuals to report in person to DHS offices between entry and departure. DHS is suspending the requirement of (1) annual re-registration applicable to all registrants and (2) 30/40-day follow-up interviews applicable to port-of-entry registrants. The DHS maintains the option to call in individuals for re-registration on an as-needed basis. If DHS wishes, it can notify an individual non immigrant to appear for re-registration. A notified individual would be provided with a minimum of ten days of advance notice. The regulation allows DHS to notify such individuals in various ways, including by regular mail, e-mail, or through an announcement in the Federal Register.

SPECIAL REGISTRATION ADDRESS REPORTING REQUIREMENTS

F, M, and J non immigrants that report changes of address and educational institution
as required through SEVIS are no longer also required to report those changes using
Form AR-11SR (although changes of employer that are not captured by SEVIS will
still require the filing of Form AR-11SR). However this does mean that you must keep your local address updated constantly in USC's OASIS system so that we can report your change of address to the DHS.

FAILURE TO COMPLY WITH REQUIREMENTS

Failure to comply with Special Registration requirements will still constitute a violation
of non immigrant status, and individuals who failed to comply with Special Registration
obligations prior to the publication of this rule are not relieved from any penalties for
having failed to comply in the past.

Any students or scholars who do not comply with all the continuing requirements of Special Registration could be subjected to denial of admission to the U.S., denial of immigration benefits, possible criminal prosecution, and/or removal proceedings. Therefore we highly encourage our students and scholars who remain subject to Special Registration to meet all requirements.

The new rule does not excuse past failure to comply with the Call-In deadlines or the 30-40 day follow-up interview or annual re-registration deadlines. Anyone who willfully missed a deadline before that date is still considered to have violated Special Registration. All other requirements for Special Registrants remain in effect. For more information on Special Registration, please visit: http://www.ice.gov/graphics/enforce/imm/imm_sr.htm