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SPECIAL REGISTRATION UPDATE - DHS Suspends 30-day and Annual Interview Requirements

 

December 2, 2003 - The U.S. Immigration and Customs Enforcement (ICE) arm of the Department of Homeland Security today announced that it was suspending the 30-day and annual interview (reporting) requirements for individuals subject to the DHS Special Registration (NSEERS) program. This means that individuals who were previously registered, either at a port of entry or under the "call-in" registration program initiated a year ago, are no longer required to report for either the 30-day or annual interviews. Before this change was announced, all individuals registered under NSEERS were required to re-register after thirty days if initially registered at a port-of-entry, and annually if remaining in the United States for more than one year after initial registration.

The Special Registration (NSEERS) program primarily affects citizens or nationals from 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. DHS reported that to date, individuals from more than 150 countries have been registered in the NSEERS program.

The amended rule includes the following clarifications:

  • The 30-day and annual interview requirements for individuals designated for special registration at a U.S. port of entry are suspended;
  • The annual interview requirement for individuals designated for "call-in" special registration are suspended;
  • DHS may, as a matter of discretion, notify individual nonimmigrant aliens subject to NSEERS registration to appear for one or more additional continuing registration interviews in those particular cases where it may be necessary to determine whether the alien is complying with the conditions of his or her nonimmigrant visa status and admission;
  • The departure registration requirement remains in effect - individuals subject to special registration must still register their departure from the U.S. before an immigration officer at a designated port of departure and depart from that port on the same day;
  • Individuals subject to special registration requirements must continue to report address changes as before; however, students may fulfill this requirement by reporting a change of educational institution or address through the SEVIS program.

The amended rule also includes:

  • Information on how individuals with unusual circumstances (e.g., frequent business travelers) may apply to a U.S. Customs and Border Protection field office director for discretionary relief from special registration requirements by submitting a written request with supporting documents and information;
  • Clarification of the consequences for failing to complete the departure registration requirement. For more information, click here.

Additional Information:

 
- Ron Wada
Senior Associate
Berry, Appleman & Leiden LLP
 

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