INS Registration List Gets Longer


INS Registration List Gets Longer
Non Immigrants from Bangladesh, Egypt, Indonesia, Jordan and Kuwait now has to register with Immigration and Naturalization Service for security reasons. This new group must register between Feb. 24 and March 28. The registration only applies to males from the above countries who were admitted to the U.S. on or before Sept. 30, 2002 and plan to remain until March 28 2003. They should also be age 16 and over. If the alien has an application for asylum pending on Jan. 18, 2003, then he has sufficient information in the asylum application, along with fingerprints to be excluded from registering. INS has also extended deadlines for previous groups. So those who missed the opportunity to register may still do so. Because the Call-in-Registration is relatively new, there are still certain issues that are up in the air. However the INS is clear on certain issues, such as the consequences for non-compliance. According to INA section 266 (a) willful failure to comply and register is caused for criminal penalties. Among the consequences are deportation, detention or fines. An alien who fails to register will be considered out of status. And any future application for an immigration benefit will be impacted. If a non-immigrant from any of the selected countries is out of status and has no adjustment application pending, he may be subjected to the following if and when he goes to register: —The INS may ask many questions such as immigration status, job, living status, family ties and more. —INS may arrest or detain the applicant for days or weeks. —INS may issue a Notice to Appear and begin removal (deportation proceeding.) Those who go to register and give out false information will receive criminal penalties for providing false information upon registration. According to Mark Thorn INS spokesperson in the New York District, there is no definite answer as to what happens to a registrant who has a 245 (i) adjustment application pending. He says it depends on the case. “Each case is viewed on its own merit.” Earlier reports from the American Immigration Lawyers Association showed disparities in the way that registrants were treated in this respect The date of arrest of each detainee; the date charges were brought against each; the charges brought if any and if not an explanation as to why they are in custody. The identity of and contact number for any lawyer representing any detainee and the identity of any detainee who is no represented by counsel. Jan 10 was the final registration for the second group of non immigrants. Reports from the America Immigration Association of Lawyers (AILA) from the first round of registration in December were varied from the INS offices in different states, registrants and attorneys.		Here are some examples: In Baltimore INS officials said that registrants who were out of status but are beneficiaries of an adjustment application will not be placed in proceedings but will be referred to investigations. Officers in Hartford said the same except that if there was any negative information, registrants will not be excused from proceedings. In New York on the other hand, INS office statements said persons with a 245 (i) application pending most likely will not be referred to investigations, unless there is a “hit” from the computer check. On the same topic, reports from individuals and attorneys in Hartford said that a registrant with a pending 245 (i) adjustment application was taken into custody but released after attorney faxed the I-797 receipt notice and approval notice for the I-140. Also in New York, a registrant with pending 245(i) adjustment application was detained and issued a Notice to Appear. Reports from INS office and individual accounts mentioned the granting of credit card information, one of the concerns of the members of congress who wrote the letter to Ashcroft. The letter pleads with Ashcroft to “act with constitutional restrain” while protecting the country The letter also stated, “This pattern of targeting persons for arrests based on race, religion, ethnicity, or national origin rather than on specific evidence of criminal activity or connections with terrorist organizations only serves to undermine the trust of the American people.” The writers said that alienating Arab and Muslim Americans by treating them harshly will interfere in America’s goal to protect the nation. The cooperation of Arabs and Muslims Americans are essential in fighting terrorism, the letter stated. Another area of concern was the interview system. According to the letter to the attorney general, it was learned that during interviews the non-immigrants were asked personal questions pertaining to matters such as their bank account, credit cards, room mates and video rental card numbers. Senators Feingold and Kennedy and Rep. Conyers are requesting the following from the INS: Policy directives or guidance issued to officials about the implementation of the system and about making public statements about the individuals An explanation on why certain INS District Offices detained people with pending status-adjustment applications. * An explanation of how the information gathered will be stored, used or transmitted to other federal agencies. * The identity of each individual who tried to register before NSEERS was implemented but was taken into custody.
Copyright 2003 The Immigrant's Journal \| Contact Us


INS Registration List Gets Longer
Non Immigrants from Bangladesh, Egypt, Indonesia, Jordan and Kuwait now has to register with Immigration and Naturalization Service for security reasons. This new group must register between Feb. 24 and March 28. The registration only applies to males from the above countries who were admitted to the U.S. on or before Sept. 30, 2002 and plan to remain until March 28 2003. They should also be age 16 and over. If the alien has an application for asylum pending on Jan. 18, 2003, then he has sufficient information in the asylum application, along with fingerprints to be excluded from registering. INS has also extended deadlines for previous groups. So those who missed the opportunity to register may still do so. Because the Call-in-Registration is relatively new, there are still certain issues that are up in the air. However the INS is clear on certain issues, such as the consequences for non-compliance. According to INA section 266 (a) willful failure to comply and register is caused for criminal penalties. Among the consequences are deportation, detention or fines. An alien who fails to register will be considered out of status. And any future application for an immigration benefit will be impacted. If a non-immigrant from any of the selected countries is out of status and has no adjustment application pending, he may be subjected to the following if and when he goes to register: —The INS may ask many questions such as immigration status, job, living status, family ties and more. —INS may arrest or detain the applicant for days or weeks. —INS may issue a Notice to Appear and begin removal (deportation proceeding.) Those who go to register and give out false information will receive criminal penalties for providing false information upon registration. According to Mark Thorn INS spokesperson in the New York District, there is no definite answer as to what happens to a registrant who has a 245 (i) adjustment application pending. He says it depends on the case. “Each case is viewed on its own merit.” Earlier reports from the American Immigration Lawyers Association showed disparities in the way that registrants were treated in this respect The date of arrest of each detainee; the date charges were brought against each; the charges brought if any and if not an explanation as to why they are in custody. The identity of and contact number for any lawyer representing any detainee and the identity of any detainee who is no represented by counsel. Jan 10 was the final registration for the second group of non immigrants. Reports from the America Immigration Association of Lawyers (AILA) from the first round of registration in December were varied from the INS offices in different states, registrants and attorneys.		Here are some examples: In Baltimore INS officials said that registrants who were out of status but are beneficiaries of an adjustment application will not be placed in proceedings but will be referred to investigations. Officers in Hartford said the same except that if there was any negative information, registrants will not be excused from proceedings. In New York on the other hand, INS office statements said persons with a 245 (i) application pending most likely will not be referred to investigations, unless there is a “hit” from the computer check. On the same topic, reports from individuals and attorneys in Hartford said that a registrant with a pending 245 (i) adjustment application was taken into custody but released after attorney faxed the I-797 receipt notice and approval notice for the I-140. Also in New York, a registrant with pending 245(i) adjustment application was detained and issued a Notice to Appear. Reports from INS office and individual accounts mentioned the granting of credit card information, one of the concerns of the members of congress who wrote the letter to Ashcroft. The letter pleads with Ashcroft to “act with constitutional restrain” while protecting the country The letter also stated, “This pattern of targeting persons for arrests based on race, religion, ethnicity, or national origin rather than on specific evidence of criminal activity or connections with terrorist organizations only serves to undermine the trust of the American people.” The writers said that alienating Arab and Muslim Americans by treating them harshly will interfere in America’s goal to protect the nation. The cooperation of Arabs and Muslims Americans are essential in fighting terrorism, the letter stated. Another area of concern was the interview system. According to the letter to the attorney general, it was learned that during interviews the non-immigrants were asked personal questions pertaining to matters such as their bank account, credit cards, room mates and video rental card numbers. Senators Feingold and Kennedy and Rep. Conyers are requesting the following from the INS: Policy directives or guidance issued to officials about the implementation of the system and about making public statements about the individuals An explanation on why certain INS District Offices detained people with pending status-adjustment applications. * An explanation of how the information gathered will be stored, used or transmitted to other federal agencies. * The identity of each individual who tried to register before NSEERS was implemented but was taken into custody.
Copyright 2003 The Immigrant's Journal \| Contact Us