PAKISTAN, SAUDI ARABIA
REGISTRATION BEGINNING 1/12/2003 TO 2/21/2003
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SPECIAL CALL-IN REGISTRATION PROCEDURES FOR CERTAIN NONIMMIGRANTS
(Call-In Group 3, Federal Register Notice – December 18, 2002)
THIS NOTICE IS FOR YOU
If you are a national or citizen of Pakistan or Saudi Arabia and were inspected by the Immigration and Naturalization Service and last admitted to the United States as a nonimmigrant on or before September 30, 2002; and
If you are a male, born on or before January 13, 1987, and
If you did not have an application for asylum pending on
December 18, 2002, or if you are not otherwise exempt as described in the attached questions and answers; and
If you will be in the United States at least until February 21, 2003.
WHAT YOU NEED TO DO
1. You must come to a designated INS office to be registered (photographed, fingerprinted, and interviewed under oath) between January 13, 2003 and February 21, 2003.
2. If you remain in the United States for more than 1 additional year, you must report back to a designated INS office within 10 days of the anniversary of the date on which you first registered. For example, if you were registered January 20, 2003, you would report back between January 10 and January 30, 2004.
3. If you change your address, employment, or educational institution, you must notify the INS in writing within 10 days of the change, using Form AR-11 SR.
4. If you leave the United States, you must appear in person before an INS inspecting officer at one of the designated ports and leave the United States from that port on the same day.
IT IS VITAL THAT YOU COMPLY
If you do not follow these procedures, you may be considered to be out of status and deportable. You may be subject to arrest, detention, fines and/or removal from the United States. Any future application for an immigration benefit from the United States may be adversely impacted. If you do not properly exit through a designated port, any future attempts to reenter the United States may be impacted. Decisions will be made on an individual basis, depending on the circumstances of each case.
December 18, 2002 Notice Group 3
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[Federal Register: December 16, 2002
Department of Justice
Immigration and Naturalization Service
Registration of Certain Nonimmigrant Aliens From Designated Countries;
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
Registration of Certain Nonimmigrant Aliens from Designated
Countries
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Notice.
SUMMARY: This Notice requires certain nonimmigrant aliens to appear
before, register with, and provide requested information to the
Immigration and Naturalization Service on or before February 21, 2003.
It applies to certain nonimmigrant aliens from one of the countries
designated in this Notice who were last admitted to the United States
on or before September 30, 2002, and who will remain in the United
States after February 21, 2003. The specific requirements are set forth
in the Notice. This is the third such Notice that the Attorney General
has published. This Notice is applicable to certain nationals and
citizens of Armenia, Pakistan, and Saudi Arabia who entered the United
States on or before September 30, 2002, and who will remain in the
United States after February 21, 2003. Aliens described in this Notice
are required to register and provide additional information to the
Immigration and Naturalization Service between January 13, 2003, and
February 21, 2003, inclusive.
EFFECTIVE DATES: This Notice is effective on January 13, 2003. Aliens
described in this Notice are required to register and provide
additional information to the Immigration and Naturalization Service on
or before February 21, 2003.
FOR FURTHER INFORMATION CONTACT: Dan Brown, Office of the General
Counsel, Immigration and Naturalization Service, 425 I Street, NW.,
Room 6100, Washington, DC 20536, telephone (202) 514-2895.
SUPPLEMENTARY INFORMATION: Section 265(b) of the Immigration and
Nationality Act (``Act''), as amended, 8 U.S.C. 1305(b), provides that
[t]he Attorney General may in his discretion, upon ten days notice,
require the natives of any one or more foreign states, or any class
or group thereof, who are within the United States and who are
required to be registered under this subchapter, to notify the
Attorney General of their current addresses and furnish such
additional information as the Attorney General may require.
Additionally, section 263(a) of the Act, 8 U.S.C. 1303(a), provides
that the Attorney General may “prescribe special regulations and forms
for the registration and fingerprinting of * * * aliens of any other
class not lawfully admitted to the United States for permanent
residence.” The Attorney General has previously exercised his
authority under these and other provisions of the Act to establish
special registration procedures under 8 CFR 264.1(f). 67 FR 52584 (Aug.
12, 2002). These requirements are known as the National Security
Entry–Exit Registration System (“NSEERS”). In accordance with the
authority set forth in 8 CFR 264.1(f)(4), the Attorney General has
determined that certain nonimmigrant aliens specified in this Notice
shall be registered and required to provide specific information. The
Attorney General has the sole discretion to make this determination.
Under this Notice certain nonimmigrant nationals or citizens of
Pakistan, and Saudi Arabia are required to appear at an
Immigration and Naturalization Service (“Service”) office to register
under NSEERS and provide additional information. This is the third
Notice that the Attorney General has published. See 67 FR 67766 (Nov.
6, 2002); 67 FR 70526 (Nov. 22, 2002). Previous Notices have applied to
certain nonimmigrant nationals or citizens of Afghanistan, Algeria,
Bahrain, Eritrea, Iran, Iraq, Lebanon, Libya, Morocco, North Korea,
Oman, Qatar, Somalia, Sudan, Syria, Tunisia, United Arab Emirates, and
Yemen.
In light of recent events, and based on intelligence information
available to the Attorney General, the Attorney General has determined
that the aliens described in paragraph (a) of this Notice must appear
before the Service and provide certain information. This Notice applies
only to certain nonimmigrant aliens from one of the countries
designated in this Notice who were last admitted to the United States
on or before September 30, 2002, and who will remain after February 21,
2003. Based on intelligence information available to the Attorney
General, the Attorney General has determined that registering all
nonimmigrant aliens from the covered countries would not enhance
national security. Moreover, the Attorney General has determined that
it would not be administratively feasible at the present time to
register all of the nonimmigrants from the specific countries covered
by this Notice, and that the delay occasioned by registering all
nonimmigrants from the countries covered by this Notice would
jeopardize the national security. Accordingly, the Attorney General has
determined that only males aged 16 years or older need to be registered
at this time. Furthermore, the Attorney General has determined that an
alien who has an application for asylum pending on the date of
publication of this Notice has already provided sufficient information
in the application for asylum, along with fingerprints, to warrant
exclusion from this Notice.
Although section 265(b) of the Act, 8 U.S.C. 1305(b), provides a
minimum period of 10 days notice for covered aliens to provide their
current address and other required information, this Notice allows an
alien described by the Notice a period of more than 30 days to
register. The Attorney General has determined that such additional time
to register is in the best interests of the United States and has
extended this time to register solely as a matter of discretion.
Finally, until further notice, once enrolled within NSEERS by
registration under this Notice, an alien described in paragraph (a) of
this Notice is required to register annually with the Service. All
aliens described in paragraph (a) shall comply with all other
provisions of 8 CFR 264.1(f)(5) through (f)(9).
A willful failure to comply with the requirements of this Notice
constitutes a failure to maintain nonimmigrant status under section
237(a)(1)(C)(i) of the Act, 8 U.S.C. 1227(a)(1)(C)(i). See 8 CFR
214.1(f). Pursuant to section 237(a)(3)(A) of the Act, 8 U.S.C.
1227(a)(3)(A), an alien who fails to comply with the provisions of this
Notice is deportable, unless the alien establishes to the satisfaction
of the Attorney General that such failure was reasonably excusable or
was not willful. Finally, if an alien subject to this Notice fails,
without good cause, to comply with the requirement in 8 CFR 264.1(f)(8)
that the alien must report to an inspecting officer of the Service 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, 8 U.S.C. 1182(a)(3)(A)(ii). See 8 CFR 264.1(f)(8).
Notice of Requirements for Registration of Certain Nonimmigrant Aliens
From Designated Countries
Pursuant to sections 261 through 266 of the Immigration and
Nationality Act (“Act”), as amended, 8 U.S.C. 1302 through 1306, and
particularly sections 263(a) and 265(b) of the Act, 8 U.S.C. 1303(a)
and 8 U.S.C. 1305(b), and 8 CFR 264.1(f), I hereby order as follows:
(a) Scope. Except as provided in paragraph (g), an alien is
required to register pursuant to this Notice if the alien:
(1) Is a male who was born on or before January 13, 1987;
(2) Is a national or citizen of Pakistan, or Saudi Arabia,
who was inspected by the Immigration and Naturalization Service and was
last admitted to the United States as a nonimmigrant on or before
September 30, 2002; and
(3) Will remain in the United States after February 21, 2003.
(b) Dual citizens. This Notice is applicable to any alien who is a
national or citizen of a designated country, notwithstanding any dual
nationality or citizenship.
(c) Requirement to appear before an immigration officer. All aliens
described in paragraph (a) shall, between January 13, 2003, and
February 21, 2003, inclusive, appear before an immigration officer at
any of the locations listed in the appendix to this Notice.
(d) Information to be provided. All aliens described in paragraph
(a) shall:
(1) Answer questions under oath before an immigration officer,
which answers shall be recorded by the immigration officer;
(2) Present to such immigration officer:
(i) The alien’s travel documents, including passport and the Form
I-94 issued upon admission, and any other forms of government-issued
identification;
(ii) Proof of residence, such as, but not limited to, title to land
or a lease or a rental agreement, and, if applicable, proof of
matriculation at an educational institution, and, if applicable, proof
of employment; and
(iii) Such other information as is requested by the immigration
officer; and
(3) Shall be fingerprinted and photographed by the immigration
officer.
(e) Annual reporting obligations. All aliens described in paragraph
(a) shall appear, within 10 days of each anniversary of the date on
which they were registered under this Notice, before an immigration
officer at any of the locations listed in the appendix to this Notice
and answer questions under oath. All aliens described in paragraph (a)
shall comply with all other provisions of 8 CFR 264.1(f)(5)-(9).
(f) Notice of Change of Address. All aliens described in paragraph
(a) shall advise the Immigration and Naturalization Service, through
the filing of Form AR-11, of any change of address within 10 days of
such change of address. If an alien fails to notify the Immigration and
Naturalization Service in writing of a change of address and the new
address, as required by section 265(a) of the Act, 8 U.S.C. 1305(a),
the alien may be subject to prosecution under section 266(b) of the
Act, 8 U.S.C. 1306(b), and may be deportable as provided in section
237(a)(3)(A) of the Act, 8 U.S.C. 1227(a)(3)(A). If it becomes
necessary to place the alien in removal proceedings, the Immigration
and Naturalization Service may use the most recent address provided by
the alien for service of the Notice to Appear.
(g) Inapplicability. The requirements of this Notice do not apply
to any alien who:
(1) Is presently in a nonimmigrant classification under section
101(a)(15)(A) or 101(a)(15)(G) of the Act, 8 U.S.C. 1101(a)(15)(A) or 8
U.S.C. 1101(a)(15)(G);
(2) Is lawfully admitted to the United States for permanent
residence; or
(3) Has an application for asylum pending on December 16, 2002, or
has been granted asylum, under section 208 of the Act, 8 U.S.C. 1158.
Dated: December 12, 2002.
John Ashcroft,
>
Attorney General.