Leading
immigration attorney Carl Shusterman recently hosted a chat on our site on:
Special
Registration
Jennifer Wipf: I'm about to turn moderation on, so
you won't be able to talk to each other. But you may continue to do so after the official
chat.
Please remember that all questions and answers must be considered as general, and replies
cannot be construed as legal advice.
Question
#1: Mr. Shusterman, can you tell us
the procedure for Special Registration?
Carl Shusterman: The Special Registration program was authorized by the
Patriot Act, which was enacted into law following the terrorist attacks on 9/11/01.
Presently, there are citizens and nationals of three different groups of countries
required to register with the INS.
1) Nationals and citizens of Iran, Iraq, Libya, Sudan and Syria were required to register
by December 16, 2002.
2) Nationals and citizens of Afghanistan, Algeria, Bahrain, Eritrea, Lebanon,
Morocco,
North Korea, Oman, Qatar, Somalia, Tunisia, United Arab Emirates and Yemen are required to
register by this Friday, January 10, 2003, and;
3) Nationals and citizens of Pakistan
and Saudi Arabia must register by February 21, 2003.
If you are a national or citizen of any of the above countries, entered the U.S. as a
nonimmigrant prior to a certain date (September 10, 2002 for Group I and September 30 for
Groups II and III), you must come to a designated INS office where you will be
photographed, fingerprinted and interviewed under oath. If you remain in the United States
for more than one year after you register, you must re-register each year. Also, if you
change your address, your employment, or your educational institution, you must notify the
INS within 10 days.
Finally, if you leave the United States, even for a short trip, you must appear before an
INS officer, at a designated port of departure.
Question
#2: I am from Pakistan. My status --
I-485 employment based pending with Nebraska INS for well over 480 days, I am working on
EAD card, and was also granted twice Advance Parole to travel outside US. I had one trip
outside US and then returned. Both on I-94 and passport, it's stamped parole and I-485
pursuant -- question is do I have to register?
Carl Shusterman: Persons who are male, over 16 years of age and who are
non-immigrants from any of the designated countries are required to register under this
program. However, persons who enter the United States on a parole are not required to
register.
Question
#3: How should the people who are
out of status but have labor certification pending will be affected by the special
registration?
Carl Shusterman:
Anyone who is out of status who registers under this program will be referred to
investigations where a notice to appear for removal proceedings will be issued against
them. The fact that the person has a pending labor certification or visa petition does not
authorize them to remain in the United States, and will not influence INS' decision to
initiate removal procedures.
Question #4:
I am Pakistani. Do CSS and LULAC
Status holders have to Register?
Carl Shusterman: It depends. If the late amnesty applicant's last entry
into the United States was as a non-immigrant, he is required to undergo special
registration.
Question #5:
Do you know if the Philippines
will be added in the future for special registration?
Carl Shusterman: Unfortunately, my telephone calls to Attorney General
Ashcroft have gone unreturned ;-) However, I do believe that more countries will be
added to the Special Registration list. My guess is that Egypt, Jordan, Indonesia and
other Middle Eastern counties will all be added before the Philippines. In any case, as
soon as the next group of countries are added to the list, I will post the regulations on http://shusterman.com/toc-911.html
Question
#6: I am an Indian citizen born (to Indian parents working temporarily) in
the United Arab Emirates. The UAE does not recognize jus soli and I owe them absolutely no
allegiance. Do I need to register?
Carl Shusterman: I advise you to register. Although, the INS rules do not
require that you be a citizen of a particular country to register, my general advice in
such matters is to be cautious. If INS decides that you should have registered and did
not, you will be deportable, subject to arrest and detention, and you may lose your
ability to qualify for permanent residence, or even entry to the US at a later time. The
safest course or action when in doubt is to register. You may wish to seek legal
advice.
Question
#7: I entered US without inspection
and filed for asylum and subsequently withdrew it in front of judge and voluntary
departure. I re-entered US with an H-1B and an I-94 and have been maintaining status.
Should I be worried during Special Registration?
Carl Shusterman: Yes. In many cities around the country, the INS is
asking applicants to prove that they have always been legal in the United
States. Numerous persons with pending applications for adjustment of status
have been arrested and jailed. Personally, as a former INS trial attorney, I feel that
arresting people who are presently in status like yourself, is outrageous.
Additionally, it is a complete waste of the government's time.
However, make sure that when you register you bring along a friend or relative who is
legally in the United States to bond you out in case you are arrested. You should also
consider having an attorney accompany you to your interview.
Question
#8: How do you think that INS will
handle people who have filed their 485 application under LIFE ACT, 245(i) clause,
especially after all the protests and criticism that they faced after what happened in LA,
California?
Carl Shusterman: One would like to think that all of the bad press that
the INS received in Los Angeles in December as well as protests from members of Congress
and lawsuits filed against the government would at least give the INS second thoughts
about arresting people who are legally in the US. Yet every day, I receive over a dozen
pieces of e-mail from attorneys across the United States indicating that at least some
persons with pending applications for adjustment of status continue to be arrested. I
think we'll know a lot more this Friday (January 10), which is the deadline for Special
Registration for citizens and nationals of Group II countries.
I will be posting the latest news about current INS policies on Friday afternoon.
Question
#9:
What documents we must have when
we go for registration? I am Pakistani.
Carl Shusterman: The type of documents that you should have with you
depends in part on your present status in the United States. The INS recommends that you
bring your passport and form I-94, any other forms of government-issued identification
documents, as well as proof of residence, employment or school matriculation.
Question
#10: I am CSS member from Pakistan
and have work authorization and a pending 485. Should I go for Registration?
Carl Shusterman: If you entered the US as a
non-immigrant, you are required to go to an INS office for Special Registration.
Question
#11:
I'm from Pakistan.
What's EWI? Only persons entered in US with inspection need to go for registration?
Carl Shusterman: EWI means "entered without inspection".
Somewhat ironically, persons who entered the United States EWI are not required to
undergo special registration, while persons who entered the United States legally, are!
Question
#12:
A simple question in everyone's
mind is that should you go to register if you are out of status? Can you tell me YES or NO?
Carl Shusterman: Legally, if you fit the criteria and entered the US as a
special immigrant, you are required to report for Special Registration. I have the feeling
that the questioner is asking whether this is a smart thing to do from a strategic point
of view. If you are out of status, you can be fairly certain that you will be arrested by
the INS. Nevertheless, we have advised many persons who are out of status to undergo
Special Registration. Even in a removal hearing, there are various forms of relief
available including asylum, cancellation of removal, adjustment of status, even
voluntary departure if all else fails. If you ever plan on achieving lawful residence in
the US, you probably don't have much choice but to register under this program.
However, it would be wise for you to consult with an experienced immigration attorney who
can examine all the facets of your case before advising you.
Question
#13: In Group 1, hundreds of
people were detained but later released on bond. Most of them had a pending petition
with INS. What lies ahead for them? Will they be deported? I'm Pakistani.
Carl Shusterman: Whether someone will be deported or allowed to remain in
the US, depends on the facts of their specific case. For example, on our web
site, at http://shusterman.com/spreg-procedure.html,
one of our clients has been relating his experiences with the INS after we advised him to
register on December 16. Since he has been present in the United States for over ten
years, and both his mother and father are lawful permanent residents of the United States,
we plan to apply for cancellation of removal for him. Other persons may be eligible for
asylum, adjustment of status or some other form of relief.
Many people will have to accept voluntary departure if the immigration judge wants them to
leave the United States. However, they have a way to achieve permanent residence,
they should apply for Special Registration even if it results in their arrest.
This may
be a wiser alternative than failing to register and remaining illegal forever.
Finally, if you are absolutely sure
that you have no grounds for relief from removal, the other alternative is to leave the
United States before the deadline for Special Registration. This is not a pleasant
alternative for most, but if the other options are arrest or ineligibility for future
benefits, it is an option which should be explored.
Question
#14: I'm in US on V-1 visa from
Pakistan, what will happen on registration and what to you suggest for all V-1
visa holders in US?
Carl Shusterman: As long as you have always been in status, you have no
reason to fear arrest or removal. If you formerly were out of status, you do have reason
to fear arrest. You should consult an immigration attorney in such a case.
Question
#15: Does one have to register in
the state he lives in? Does it make a difference? The reason I ask is that some places
have been reported to be more aggressive than others
Carl Shusterman: I am not aware of any rule that compels you to register
at the nearest office to where you live. However, the INS rules contemplate that most
people will do so. If you intend to try to register at an office other than one near where
you live, I would advise you to do so early in the process, not to wait until the last
minute to register.
Question
#16: If you came here on F-1,
finished your school, and worked on Practical training for a year and started working on
an H-1B after that, and have a valid H-1B visa due to expire in December 2003: (1)
Do you have to register? and (2) Should you be worried about registration ?
Carl Shusterman: Yes, you must register, and since it appears that
you have always been in lawful status, there should be no need for you to worry.
Question
#17: I am on an H-1B visa
and am a physician. I was born in Qatar, but was never a citizen of that country. My
parents were working there at that time. I was throughout an Indian citizen until 2000
when I became a Canadian citizen. Are the Special Registration rules applicable
to me?
Carl Shusterman: Our law firm represents a large number of Special
Registrants. Many of them are citizens of Pakistan. Like you, many of our clients have
obtained citizenship in Canada, or various European countries. All of them have registered
and as long as they have always maintained lawful status, none of them face arrest. The
fact that you were born in Qatar is reason enough that you should appear for Special
Registration. If you have always been legal in the US there is little for you to worry
about.
Question
#18:
I entered US on an
H-1B visa
from the UK. I am a Pakistani citizen. Since my entry, I have had my H-1B visa revalidated
from Department of State. I had already registered with INS when I traveled to a nearby
country in October 2002 on my return to the US. I have also appeared for 30-day interview.
My H-1B visa is valid until June 30 2003. I am traveling to Pakistan for the first time
since I came to US in 1997. Will there be any problem for me to come back to US?
Carl Shusterman: You
bring up a very important point. Many people do not realize that there are two types of
Special Registration. The first went into effect on September 11, 2002 and requires
citizens and nationals of Iran, Iraq, Libya, Sudan, Syria or any other individual entering
the U.S. who the INS decides should undergo Special Registration, to do so at the port of
entry. Thereafter, such individuals must register at an INS office 30 days after their
entry and annually thereafter. You were one of the individuals that INS elected for
Special Registration at the port of entry, even though you are not from one of the five
designated countries. Our law firm represents another gentleman, also from Pakistan who
went to Tijuana, Mexico for one day in November 2002 and was put into Special Registration
when he re-entered the U.S. All of the other questions in this chat relate to the second
type of Special Registration, which is called call-in registration. The initial
call-in registration is done at a INS district office rather than at a port of
entry.
To answer your specific question, it does not sound like you will have any trouble
re-entering the United States, but as I always advise my clients, make sure you re-enter
the United States at a time when your attorney is in his or her office in case you need to
make a phone call.
In conclusion, we have posted a large amount of information on Special Registration
requirements and procedures on our September 11th page which is located at http://shusterman.com/toc-911.html
Good night and thank you for all of
your questions.
Jennifer Wipf: Thanks everyone, thanks Carl. I'm turning moderation off so you
can speak freely amongst yourselves.
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