Responding
to the September 11th terrorist attacks, Congress passed
the
USA
PATRIOT Act in October of 2001. Among
the many new requirements imposed by the law is a special registration
system for nonimmigrants from designated countries.
The registration system is designed in part as a substitute for
a larger entry-exit system, which many have wanted to impose since
1996, but has, for various reasons, never been fully implemented.
The special registration system, in addition to tracking
entries and exits of those subject to it, also requires that
designated individuals periodically report to the INS, and keep the
agency informed of any changes in their situation while in the US.
All nationals of
Iran
,
Iraq
,
Libya
,
Sudan
and
Syria
must comply with the new special registration requirements, as must
any individual designated to do so by a consular officer or by an INS
inspector. Upon entry to
the
US
, they will be photographed, fingerprinted and interviewed and this
information will be stored in an INS database.
The fingerprints will immediately be run through a database of
known criminals and suspected terrorists, which, according to the INS,
will take less than two minutes.
The INS hopes to have the entire entry procedure completed
within five to ten minutes.
Any person subject to special registration who remains in the
US
for 30 days or longer must appear in person in a designated INS office
between 30 and 40 days after their entry for an interview and
registration. They must
then appear in person each and every year, no later than 10 days from
the anniversary of initial arrival date into the
U.S.
A list of designated INS
interviewing offices for special registration will be given to
nonimmigrants upon their initial registration at the port of entry.
No appointment is needed for the interview; but the INS
recommends that the person come in the morning.
The following information will need to be provided:
1.
Proof of tenancy at stated U. address (e.g. rental contact,
mortgage); or
2.
Proof of enrollment at educational institution (for
student-visa holders); or
3.
Proof of employment (for work-visa holders)
Failure
to comply with the registration requirements will result in the
alien’s name being turned over to law enforcement, and the alien
would be subject to a $1,000 fine, incarceration and possible removal
from the country.
In addition, if the alien fails to comply, his name would be added to
the
National
Crime
Information
Center
’s “wants and warrants” list.
If local police happened to stop him or her because of a
traffic violation, upon checking the NCIC list they would discover
that the person was in violation of immigration laws.
The police would be able to detain him, call an INS Quick
Response Team, and transfer him to the custody of the INS.
Registered nonimmigrants that remain in the
US
for 30 days or longer are required to report any change of address,
employment, or educational institution in writing to the INS on Form
AR-11 within 10 days of the change.
Upon departure, registered nonimmigrants must depart only
through one of the designated ports of departure after October 1,
2002. Such exit records
are necessary to help identify and apprehend those aliens who overstay
their visas. An alien’s
failure to report his exit would render him ineligible to return to
the
United States
. Departure includes
visits to
Mexico
,
Canada
or adjacent
Islands
. Non-complying aliens
will be considered out of status.
