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Current Issue
US Immigration News Update April 2003 Headlines
IMMIGRATION SERVICES AND ENFORCEMENT NOW UNDER THE DEPARTMENT OF HOMELAND SECURITY
On March 1, 2003, the Immigration and Naturalization Service (“INS”) ceased to exist. The former INS transitioned into three bureaus in the U.S. Department of Homeland Security (“DHS”). Immigration benefits are handled by the Bureau of Citizenship and Immigration Services (“BCIS”); interior immigration enforcement will be addressed by the Bureau of Immigration and Customs Enforcement (“BICE”); and border enforcement will be handled by the Bureau of Customs and Border Protection (“BCBP”).
Customer service functions under the BCIS will include information, forms, benefits, asylum and refugee processing. Even though the former INS has reorganized, the public will continue to find them in the same places: District Offices, Application Support Centers (“ASCs”), Service Centers, and Asylum Offices will remain at the same locations. In addition, the public can still call the National Customer Call Center at 1-800-375-5283 and visit the website at http://www.immigration.gov for up-to-date immigration information.
The immigration forms and documents issued by the former INS are still valid and there is no need to replace them at this time. Immigration documents include, but are not limited to, Alien Registration Cards (i.e., Green Cards), Certificates of Citizenship, Employment Authorization Documents, travel and advance parole documents, Form I-94, Arrival/Departure Records, and others. These documents will continue to be valid and accepted by the BCIS and other agencies as evidence of a person’s immigration status in the United States.
CHECKS FOR IMMIGRATION FILINGS MAY BE MADE TO EITHER INS OR BCIS
Because the INS was abolished on March 1, 2003, the question arises: to what entity should the filing fee checks be made out? The BCIS advised that checks may be made payable to INS, BCIS, or Bureau of Citizenship & Immigration Services. All three will be accepted.
NON-EMERGENCY PERSONNEL LEAVE US EMBASSIES IN ISRAEL, KUWAIT, AND SYRIA
The U.S. Department of State has announced that the U.S. Embassies in Kuwait, Damascus and Tel-Aviv, and the U.S. Consulate General in Jerusalem have been placed on ordered departure status. Under ordered departure status, all non-emergency personnel and family dependents must immediately depart the country. The State Department said it took this action as the result of an overall assessment of the security situation in the region due to the threat of military action in Iraq.
As a result of the move to ordered departure status, it is likely that only emergency visa operations will be available for non-American citizens at the affected consular posts.
Country-specific announcements were given in a series of Travel Warnings dated March 16, 2003.
The Travel Warning for Kuwait can be found at: http://travel.state.gov/kuwait_warning.html
The Travel Warning for Syria can be found at: http://travel.state.gov/syria_warning.html
The Travel Warning for Israel, the West Bank and Gaza can be found at: http://travel.state.gov/israel_warning.html
U.S. DEPORTS 103 PAKISTANI NATIONALS
The Bureau of Immigration and Customs Enforcement (“BICE”), in cooperation with the Government of Pakistan, repatriated 103 Pakistani nationals who were illegally present in the United States. The Pakistanis, who had exhausted their legal avenues of appeal, were flown by chartered aircraft from the United States to Islamabad on March 12, 2003.
Michael J. Garcia, Assistant Secretary of the U.S. Department of Homeland Security for BICE, hailed the cooperative effort. "The Pakistani government provided tremendous support in helping us complete this important mission," he said. "We look forward to continuing to work with governments around the world as we use this agency’s unique enforcement tools, including immigration laws, to promote heightened security here in the homeland." The government of Pakistan worked with U.S. officials to authorize travel documents and coordinate logistics for the flight. A Pakistani government official accompanied the group to assist in the smooth return.
The repatriations represent the fourth in a series of collaborations between Pakistan and the U.S. within the last year, leading to the successful repatriation of about 500 Pakistani nationals.
Pakistani government officials emphasized the importance of intergovernmental cooperation in the effort. "Almost all of these individuals wanted to return home as quickly as possible and be reunited with their families," said Imran Ali, the Second Secretary for Political and Consular Affairs at the Embassy of Pakistan. "Our priority was to ensure their swift return with dignity and honor."
The repatriation of the Pakistani nationals in March, 2003 was the latest in a series of recent removal missions the U.S. government has completed with the support of foreign governments. Other recent repatriation operations have included flights to Cambodia, El Salvador, Guyana, Haiti, Jamaica, Nigeria, and the Philippines.
INS ISSUES GUIDANCE ON H-1B NURSES
INS has issued written guidance on the adjudication of H-1B visa petitions for Registered Nurses (“RN”). The INS memorandum, dated November 27, 2002 clarifies that while typical RNs generally do not meet the requirements for H-1B classification, aliens in certain specialized and management level RN occupations are more likely than typical RNs to be eligible for H-1B status.
Download the INS memo on H-1B visa petition for nurses:
 INS H-1B Nurse Memo
AIRLINES REQUIRED TO PROVIDE INS WITH DETAILED PASSENGER DATA
The INS announced on December 31, 2002 that it will require all commercial carriers to submit detailed passenger manifests to the agency electronically before an aircraft or vessel arrives in or departs from the United States.
The program, mandated by the United States Congress in the Enhanced Border Security and Visa Entry Reform Act of 2002, will be implemented on January 1, 2003. Section 402 of the Act requires the submission of Advanced Passenger Information (“API”) on all temporary foreign visitors.
Passenger information that must be submitted in advance includes: complete name; date of birth; citizenship; sex; passport number and country of issuance; country of residence; U.S. visa number, date and place of issuance (where applicable); alien registration number (where applicable); address while in the United States; and such other information the Attorney General, in consultation with the Secretary of State and the Secretary of Treasury, determines as being necessary.
The advance submission requirement will help the immigration authorities verify the identities of individuals being transported, while ensuring enforcement of U.S. immigration laws.
ONLY 5/31/2001 OR LATER EDITIONS OF FORM N-400, NATURALIZATION APPLICATION WILL BE ACCEPTED
The INS issued a notice that all Forms N-400, Application for Naturalization mailed, postmarked, or otherwise filed on or after March 31, 2003 must bear the edition date of May 31, 2001 or later. Earlier editions are no longer accepted.
Download the latest edition of Form N-400, Application for Naturalization:
Form N-400
U.S. EMBASSY, ISRAEL WARNS VISA DELAYS AND APPOINTMENT CANCELLATIONS
Due to recent U.S. Department of State (“DOS”) travel warnings and the temporary staff reductions, the U.S. Embassy in Tel-Aviv has rescinded all appointments for immigrant visa interviews scheduled for applicants currently residing in the United States. Applicants are being advised to contact the Embassy to schedule a new appointment once normal operations are resumed. The Tel-Aviv embassy advises nonimmigrant and immigrant visa applicants to expect significant delays in obtaining visas.
VISA EXEMPTION REVOKED FOR CERTAIN PERMANENT RESIDENTS OF CANADA AND BERMUDA
The INS and State Department have issued a new rule requiring the residents of Canada or Bermuda having a common nationality with Canadian nationals or with British subjects in Bermuda to present a valid passport and visa when applying for admission to the United States. Nationals of Ireland and British Commonwealth countries, who reside in Canada, will be affected by this change. The INS and the State Department are revoking the prior passport and visa exemption for these individuals. The purpose of this new rule is to increase security and safeguard the United States.
HISTORY OF REGISTRATION OF FOREIGN NATIONALS
Special Registration Timeline
1. Pre-9/11/01 Activity
A. 1/16/1991: Registration & Fingerprinting Required of Certain Nonimmigrants Seeking Entry to US
(1) The U.S. Department of Justice (“DOJ”) requires certain nonimmigrants bearing Iraqi or Kuwaiti travel documents, seeking entry into US, to be registered and fingerprinted
B. 12/23/1993: Interim Rule Removes Registration Requirements
(1) Nonimmigrants seeking entry into US, and bearing Iraqi or Kuwaiti travel documents, no longer required to submit to registration and fingerprinting
(2) Attorney General (“AG”) may require certain nonimmigrants from specific countries to be registered and fingerprinted upon arrival in US.
C. Countries subject to this requirement will be announced by public notice in Federal Register
D. 12/23/1993: Registration & Fingerprinting Required of Certain Nonimmigrants Seeking Entry to US
(1) Effective 12/23/93, all nonimmigrants bearing Iraqi or Sudanese travel documents who apply for admission to the United States, except those applying for admission under section 101(a)(15)(A) or 101(a)(15)(G) of INA (relating to foreign govt. officials), required to be registered and fingerprinted by INS at US port-of-entry (“POE”)
E. 9/5/1996: Registration & Fingerprinting Required of Certain Nonimmigrants Seeking Entry to US
(1) Effective 9/5/96, all nonimmigrants bearing Iranian or Libyan travel documents who apply for admission to the United States, except those applying for admission under section 101(a)(15)(A) or 101(a)(15)(G) of INA (relating to foreign govt. officials), required to be registered and fingerprinted by INS at US POE
F. 7/21/1998: Fingerprints & Photographs Required for Nationals of 4 Countries Upon Admission
4 countries designated for Registration:
(a) Iran
(b) Iraq
(c) Libya
(d) Sudan
2. 10/26/2001: USA Patriot Act signed into law
A. Congress requires that DOJ develop an entry-exit tracking system by 2005, to monitor the whereabouts of all non-immigrant aliens entering the US.
3. 6/6/2002: NSEERS Proposed Rule announced
A. Without consulting Congress, Attorney General Ashcroft announces the forthcoming implementation of the National Security Entry-Exit Registration System (“NSEERS”), the first phase in the entry-exit tracking system mandated by Congress
B. This “Special Registration” consists of three components:
(1) Fingerprinting & photographing at the US POE
(2) Periodic registration of non-immigrant aliens who stay in US 30 days or more
(3) “Exit controls” to help INS remove aliens who overstay their visas
4. 8/12/2002: NSEERS Final Rule published
A. Special Registration applies only to certain targeted individuals among the 35 million non-immigrant aliens who enter the US annually:
(1) Aliens from selected countries specified in future FR notices
(2) Individual non-immigrant aliens designated either by consular officer abroad or inspection officer at POE, based on information such officers believe indicates the need for close monitoring of that alien
B. Targeted non-immigrant aliens must provide detailed and frequent information to INS “ensure that they comply with the conditions of their visas and admissions”:
(1) Upon arrival in US at designated POE
(2) In person at an INS Service office, between 30 and 40 days after date of arrival
(3) In person at an INS District office, within 10 days before or 10 days after anniversary date of arrival, and every 12 months thereafter
(4) In writing, upon changes in address, employment, or school
(5) Upon departure from US at designated POE
C. Registration procedures include fingerprinting and photographs, to be taken at designated POE upon arrival in US [pursuant to pre-existing 8 USC 1302(a)]. Practice to date has been to follow the general provisions set forth in 8 CFR 264.1(e), waiving these fingerprint requirements, as allowed for by 8 USC 1302(c).
D. Rule took effect on 9/11/2002
5. 8/13/2002: Attorney General Ashcroft Announces Partial Implementation of NSEERS
A. Syria added to the four countries designated for registration in 1998, bringing total to five:
(1) Iran
(2) Iraq
(3) Libya
(4) Sudan
(5) Syria
B. After initial 20 day evaluation period at selected POEs, set to begin 9/11/2002, all remaining POEs, including land, air and sea POEs, will have NSEERS in place 10/1/2002
6. 9/5/2002: INS adds certain persons from 3 countries to Special Registration list
A. Confidential memo sent by Johnny Williams, Executive Assoc. Commissioner in the Office of Field Operations at INS, instructs Inspecting Officers at US POEs to designate for Special Registration “males between 16 and 45” who the officer “has reason to believe are citizens or national (sic) of Pakistan, Saudi Arabia or Yemen.
B. To date, nationals of two of these three countries (Pakistan & Saudi Arabia) have not yet been officially designated for Special Registration via public notice in FR. Only Yemen has been added to the list as of 11/27/02, and was added only to the list of those required to report for “call-in” registration.
C. Regardless of nationality, individuals who have “made unexplained trips to Iran, Iraq, Libya, Sudan, Syria, North Korea, Cuba, Saudi Arabia, Afghanistan, Yemen, Egypt, Somalia, Pakistan, Indonesia, or Malaysia” may also be designated for Special Registration, at the discretion of the Inspecting Officer at the US POE
7. 9/6/2002: Five Countries Designated for Special Registration: (1) Iran, (2) Iraq, (3) Libya, (4) Sudan, and (5) Syria.
8. 9/30/2002: Notice of Designated POE
A. Effective October 1, 2002, non-immigrant aliens subject to Special Registration can only leave the US through one of the designated POE
B. As list of POE available for Special Registration expands, notice will be published in Federal Register
9. 10/9/2002: INS issues clarification on Special Registration Interviews
A. To dispel erroneous rumors being circulated among foreign students in US, INS reiterates that Special Registration interviews are only required of those non-immigrant aliens who were registered upon arrival at the US POE, and who were notified at that time that they must appear for a subsequent interview
10. 11/6/02: “Call-In” Requirements for Special Registration for Persons Already in U.S.
A. Effective 11/15/02, the following non-immigrants are required to register and provide additional information to INS on or before 2/7/2003:
(1) Males born on or before 11/15/1986; and
(2) Who are nationals or citizens of Iran, Iraq, Libya, Sudan, or Syria; and
(3) Who entered US on or before 9/10/2002, and will remain in the US at least until 12/16/2002
B. All aliens designated for such Special Registration are required to appear before an Immigration Officer on or before 12/16/2002, at one of the locations listed in the appendix to 11/6/02 notice
C. Change of address requirements must be fulfilled within 10 days of such change, using Form AR-11SR
D. Willful failure to comply with Special Registration requirements without a reasonable excuse constitutes a failure to maintain non-immigrant status, and may result in deportation and subsequent inadmissibility
E. These Special Registration requirements do not apply to Lawful Permanent Residents, Asylees or aliens who have applied for asylum on or before 11/6/02
11. 11/22/2002: Thirteen Additional Countries Designated for “Call-In” Registration
A. Effective 12/2/2002, the following non-immigrant aliens are required to register and provide additional information to INS on or before 2/7/2003:
(1) Males born on or before 12/2/1986, and
(2) Who are nationals or citizens of one of the thirteen additional countries designated for Special Registration in this notice, and
(3) Who entered US on or before 9/30/2002, and will remain in US at least until 1/10/2003
B. The 13 additional countries designated for Special Registration are:
(1) Afghanistan
(2) Algeria
(3) Bahrain
(4) Eritrea
(5) Lebanon
(6) Morocco
(7) North Korea
(8) Oman
(9) Qatar
(10) Somalia
(11) Tunisia
(12) United Arab Emirates
(13) Yemen
C. Change of address requirements must be fulfilled within 10 days of such change, using Form AR-11
D. Willful failure to comply with Special Registration requirements without a reasonable excuse constitutes a failure to maintain non-immigrant status, and may result in deportation and subsequent inadmissibility
E. These Special Registration requirements do not apply to Lawful Permanent Residents, Asylees or aliens who have applied for asylum on or before 11/22/2002
12. 12/18/2002: Pakistan and Saudi Arabia Added to the “Call In” Registration
A. Effective 1/13/2003, the following non-immigrant aliens are required to register and provide additional information to INS on or before 3/21/2003:
(1) Males born on or before 1/13/1987, and
(2) Who are nationals or citizens of Pakistan or Saudi Arabia, and
(3) Who entered US on or before 9/30/2002, and will remain in US at least until 2/21/2003
B. Change of address requirements must be fulfilled within 10 days of such change, using Form AR-11
C. Willful failure to comply with Special Registration requirements without a reasonable excuse constitutes a failure to maintain non-immigrant status, and may result in deportation and subsequent inadmissibility
D. These Special Registration requirements do not apply to Lawful Permanent Residents, Asylees or aliens who have applied for asylum on or before 12/18/2002
13. 1/16/2003: Five Additional Countries Designated for “Call In” Registration
A. Effective 2/24/2003, the following non-immigrant aliens are required to register and provide additional information to INS on or before 4/25/2003:
(1) Males born on or before 2/24/1987, and
(2) Who are nationals or citizens of Bangladesh, Egypt, Indonesia, Jordan, and Kuwait, and
(3) Who entered US on or before 9/30/2002, and will remain in US at least until 3/28/2003
B. Change of address requirements must be fulfilled within 10 days of such change, using Form AR-11
C. Willful failure to comply with Special Registration requirements without a reasonable excuse constitutes a failure to maintain non-immigrant status, and may result in deportation and subsequent inadmissibility
D. These Special Registration requirements do not apply to Lawful Permanent Residents, Asylees or aliens who have applied for asylum on or before 1/16/2003
OUR OFFICE PUBLISHES THIS NEWS UPDATE TO PROVIDE THE PUBLIC WITH GENERAL
INFORMATION REGARDING THE LATEST DEVELOPMENTS IN US IMMIGRATION LAW. THE
INFORMATION IN THIS NEWS UPDATE SHOULD NOT BE INTERPRETED AS LEGAL ADVICE.
READERS ARE STRONGLY ADVISED TO CONSULT A QUALIFIED IMMIGRATION LAWYER TO
RESOLVE THEIR INDIVIDUAL CIRCUMSTANCES. FOR CONSULTATION WITH AN IMMIGRATION LAWYER,
PLEASE CALL US AT (626) 279-5341 OR E-MAIL US AT INFO@BCCVISALAW.COM. AN ATTORNEY IN OUR OFFICE WOULD BE HAPPY TO ASSIST YOU.
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