| Special
Registration Procedures The United States set
up a program known as the National Security
Entry-Exit Registration System (NSEERS) after
September 11, 2002, for the protection of those
residing in the United States. NSEERS is
targeted specifically toward foreign nationals
born in specific countries on or before November
15, 1986. Men and women from the following
countries must register with NSEERS:
Afghanistan, Algeria, Bahrain, Bangladesh,
Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan,
Kuwait, Lebanon, Libya, Morocco, North Korea,
Oman, Pakistan, Qatar, Saudi Arabia, Somalia,
Sudan, Syria, Tunisia, United Arab Emirates, and
Yemen.
NSEERS is a way to keep track of certain
people from one of these countries who would
like to enter or leave the United States. There
are more than 35 million immigrants registered
in this system and they are required to register
with immigration authorities at a port of entry
or at the ICE office.
A foreign national who has to go through this
procedure, must notify the authorities of any
address changes, changes in employment and
changes in schools attended. The notification
has to be done within 10 days from the date the
change takes place and after the foreign
national has been in the United States for 30
days or more. Students can make their
notification of address changes through Student
and Exchange Visitor Information System.
It is possible that foreign nationals who
have to register with NSEERS would have to show
proof of their registration with NSEERS if they
want to file a petition or application with the
U.S. Citizenship and Immigration Services
(USCIS). If that person is unable to provide
proof of registration, he or she would then be
sent by the USCIS to an ICE office for an NSEERS
interview to find out what can be done at that
point.
Those who are in the United States on a
nonimmigrant visa and who fail to register
regularly or meet the requirements of NSEERS
during their stay in the U.S. will be considered
out of status. They are then subject to being
arrested, being held in detention, given fines
and/or being removed from the United States.
This could also affect any future rights this
person would have for coming to the United
States. These decisions, however, are made on an
individual basis and depend on the circumstances
of that person’s particular case.
United States citizens and lawful permanent
residents, refugees, certain asylum applicants,
those who have been granted asylum, diplomats
and those who have been admitted into the U.S.
with “A” or “G” visas are exempt from
registering under NSEERS.
The good news for those who have to register
with NSEERS, but have not gone through the
process correctly, is that they are able to
request a waiver for all or parts of the special
registration requirements as long as this is
done within one year. The request has to be made
in letter form, and needs to be sent to the
Customs and Border Protection (CBP). The CBP
will give rulings only for requests that include
relief from arrival or departure registrations.
The request letter, which is sent to the
director of the port of entry where the foreign
national will be applying for entry, needs to be
accompanied by a detailed description of the
relief being requested, the name of the
applicant, date of birth, a Fingerprint
Identification Number and one passport style
photograph. Along with all of these, any
documents that support the person’s application
should be included.
It is important to note that if the waiver is
not approved in writing prior to the interview
or the person’s departure date, the person needs
to appear for the interview or report to the
port of departure office.
In addition, if someone wishes not to go
through the registration procedures on a regular
basis, that person needs to provide a written
explanation for why he or she should be excluded
from the special registration procedures. The
request needs to be sent to the INS district
office in the area where that person is living.
While that person is waiting for a response, all
the special registration procedures need to be
followed until the INS notifies the person in
writing that the request has been approved.
|