|
Please click here, to read it
in PDF format. If you have no Acrobat Reader to read this document
in PDF format, please click here
to download a free copy of Acrobat Reader from http://www.adobe.com.
[Federal Register: June 13, 2002 (Volume 67, Number 114)]
[Rules and Regulations]
[Page 40581-40586]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jn02-1]
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are
keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of
Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue
of each
week.
================================================================
[[Page 40581]]
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Parts 214 and 264
[USCIS No. 2216-02; AG Order No. 2589-2002]
RIN 1115-AG70
Registration and Monitoring of Certain Nonimmigrants
AGENCY: Immigration and Naturalization Service; Justice.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Recent terrorist incidents have underscored the need to
broaden the special registration requirements for nonimmigrant aliens
from certain designated countries, and other nonimmigrant aliens
whose presence in the United States requires closer monitoring,
to require that they provide specific information at regular intervals
to ensure their compliance with the terms of their visas and admission,
and to ensure that they depart the United States at the end of their
authorized stay. This proposed rule
seeks to modify the existing requirements to require certain nonimmigrant
aliens to make specific
reports to the Immigration and Naturalization Service: upon arrival;
approximately 30 days after arrival; every twelve months after arrival;
upon certain events, such as a change of address, employment, or
school; and at the time of departure from the United States.
DATES: Written comments must be received on or before July 15,
2002.
ADDRESSES: Please submit written comments to the Director, Regulations
and Forms Services Division, Immigration and Naturalization Service,
425 I Street, NW, Room 4034, Washington, DC 20536. To ensure proper
handling, please reference USCIS No. 2216-02 on your correspondence.
Comments may also be submitted electronically to the Service at
insregs@usdoj.gov. When submitting comments electronically, please
include USCIS No. 2216-02 in the subject heading. Comments are available
for public inspection at this location by calling (202) 514-3048
to
arrange for an appointment.
FOR FURTHER INFORMATION CONTACT: Dan Brown, Office of the General
Counsel, Immigration and Naturalization Service, 425 I Street, NW,
Room
6100, Washington, DC 20536, telephone (202) 514-2895.
SUPPLEMENTARY INFORMATION: This proposed rule will apply only to
a small percentage of nonimmigrant aliens: nonimmigrant aliens from
selected countries specified in notices published in the Federal
Register; and individual nonimmigrant aliens who are designated
by a consular officer outside the United States or an inspection
officer at the port of entry based on information that indicates
the need for
closer monitoring of the alien's compliance with the terms of his
or her visa or admission in the national security or law enforcement
interests of the United States. This proposed rule expands the existing
special registration rule to require that these designated nonimmigrant
aliens provide more detailed and frequent information to ensure
that they comply with the conditions of their visas and admissions,
along
with their departures.
Currently, nonimmigrant aliens from Iran, Iraq, Libya, and Sudan
are subject to special fingerprinting requirements. 63 FR 39109
(July 21, 1998).
This proposed rule does not apply to nonimmigrant aliens applying
for admission to the United States under sections 101(a)(15)(A)
(ambassador, public minister, career diplomat) or 101(a)(15)(G)
(representative or employees of an international organization) of
the Immigration and Nationality Act (``Act'').
General and Special Registration Requirements
Section 262(a) of the Act provides that all aliens who have not
previously been registered and fingerprinted, pursuant to section
221(b) of the Act, have a duty to apply for registration and to
be
fingerprinted if they remain in the United States for 30 days or
longer. Under the existing regulations at 8 CFR 264.1(a), the Immigration
and Naturalization Service (``Service'') registers nonimmigrants
using Form I-94 (Arrival-Departure Record). As authorized by section
262(c) of the Act, however, the Service's existing regulations at
8 CFR 264.1(e) contain general provisions waiving the fingerprinting
requirement for many nonimmigrants. Accordingly, most nonimmigrant
aliens are admitted to the United States without being
either fingerprinted or photographed.
Notwithstanding the general registration requirements, section 263(a)
of the Act also authorizes the Attorney General to prescribe special
regulations and forms for the registration, among other classes,
of ``aliens of any other class not lawfully admitted to the United
States for permanent residence.'' Pursuant to this section, as well
as the Attorney General's general registration authority under section
262 of the Act, the Attorney General promulgated 8 CFR 264.1(f),
which authorizes the Attorney General, by notice published in the
Federal Register, to direct that certain nonimmigrant aliens from
designated foreign countries be registered, fingerprinted, and photographed
by the Service at the port of entry at the time the
nonimmigrant aliens apply for admission. See 25 FR 10495 (Nov. 2,
1960) (final rule); 58 FR 68024 (Dec. 20, 1993) (interim rule),
63 FR 39109 (July 21, 1998) (notice).
Moreover, the Attorney General is authorized to prescribe conditions
for the admission of nonimmigrant aliens under section 214 of the
Act. Section 215 of the Act provides for departure control from
the United States. In addition, section 265 of the Act requires
that all aliens who remain in the United States for 30 days or more
(other than A or G nonimmigrants) must file a notice of change of
address with
the Attorney General within 10 days of any change of address.
This proposed rule provides for implementation of these requirements
for nonimmigrant aliens subject to special registration.
However, this Supplementary Information also serves as a reminder
to all aliens (not just those nonimmigrant aliens subject to special
registration) of their legal obligations under section 265 of the
Act to notify the Attorney General, as delegated to the Service,
within 10 days of any change of address by filing the general change
of address form, Form AR-11.
[[Page 40582]]
Need for the Rule
The events of September 11, 2001, highlighted weaknesses in the
current immigration system, which does not provide for the adequate
collection of information on the activities and whereabouts of
nonimmigrant aliens. Under existing regulations it is difficult
to determine if such aliens follow their stated plans while in the
United States, to determine if they have remained in the United
States beyond
their authorized period of stay, and to locate them when necessary.
Moreover, current procedures do not provide for the collection of
fingerprints at the port of entry from many aliens who present a
heightened risk of involvement in terrorist or criminal activity.
In
conjunction with other changes in the regulations, this proposed
rule implements special registration requirements (including fingerprinting,
photographing, etc.) that will allow the Service to improve
nonimmigrant compliance with the terms of their visas and admissions.
The difference between the general requirements and the special
requirements is that the United States frequently acquires information
that indicates that a specific alien's or class of aliens' activities
within the United States should be more closely monitored. Such
aliens should be and will be required to provide more information
in their registration than other aliens to permit their activities
to be followed more closely and to ensure compliance with the terms
of their visas, including timely departure.
In promulgating this proposed rule, the Attorney General has determined
that existing international conditions require that certain classes
of nonimmigrant aliens be required to follow special registration
procedures to better ensure the security of the United States through
closer monitoring of compliance with the terms of their visas and
admissions. The aliens in these classes are referred to in the proposed
rule as ``nonimmigrant aliens subject to special registration.''
Nonimmigrant aliens subject to special registration
will include those individual aliens whom the Attorney General or
the Secretary of State, through officials of their departments,
have determined should be monitored within the United States in
order to promote the nation's security or law enforcement interests.
Such law enforcement interests include the enforcement of national
immigration laws as well as the prevention of other criminal activity.
The Attorney General and the Secretary of State may jointly exempt
classes of nonimmigrant aliens subject to special registration from
that
registration. The Attorney General or the Secretary of State may
individually exempt an individual nonimmigrant alien from the requirements
of special registration.
Nonimmigrant Aliens Whom the Inspecting Officer Has Reason To Believe
Present a Heightened National Security or Law Enforcement Risk
The proposed rule provides for supplemental registration at the
port of entry for any nonimmigrant whom the inspecting official
has reason to believe presents a national security or law enforcement
risk,
including the risk that the alien may violate the terms of his visa
or exceed his authorized period of stay. Accordingly, this proposed
rule would delegate authority to require the registration of a nonimmigrant
alien whom the inspecting officer has reason to believe presents
such a risk. This determination will be made according to specific
criteria established by the Attorney General, in light of the observations
and
experience of the inspecting officers. The criteria, based on experience,
are expected to change over time, but the criteria must be established
and enunciated to the inspectors prior to their application.
Form of Registration
In this proposed rule, the Attorney General specifies that nonimmigrant
aliens subject to special registration must be fingerprinted and
photographed, and must provide expanded information
on a required form. The nonimmigrant alien will be required, under
the informational form being developed by the Service, or an existing
form if that option is undertaken, to provide routine and readily
available
information, which may include: name; passport country of issuance
and number; identification and description of a second form of positive
identification (e.g., driver's license and number); date of birth;
country of birth, nationality and citizenship; height; weight; color
of hair; color of eyes; address of residence in the United States
and in country of origin; telephone number(s) in the United States
and in country of origin; the names, addresses, and dates of birth
for both parents; points of contact in the alien's country of origin;
name and address of school or employer in the United States (if
applicable); name and address of former school or employer in country
of origin; intended activities in the United States; and any e-mail
addresses. The proposed rule also requires that such nonimmigrant
aliens provide the following information at certain intervals: an
additional form of photographic identification (e.g., driver's license);
proof of tenancy
at the listed residential address (e.g., rental contract, mortgage);
proof of enrollment at a school or other authorized educational
institution where applicable; and/or proof of employment where applicable.
In addition, under these proposed procedures, nonimmigrant aliens
subject to special registration will be fingerprinted and photographed
at the port of entry. This will allow the Service to determine if
an
alien's fingerprints match those of known terrorists or criminals,
and to detain the alien if such an identity match is established.
It will also serve important law enforcement and national security
purposes if
the alien is later suspected of taking part in terrorist or criminal
activity in the United States and will ensure that the nonimmigrant
alien cannot reenter the United States in the future using a different
identity.
Relief From Requirements
A nonimmigrant alien subject to special registration may seek
relief from the requirements of special registration from a Service
district director or other official designated by the Attorney General.
For example, an alien initially required to complete the requirements
of special registration may satisfy the district director that due
to exigent or unusual circumstances such requirements cannot reasonably
be
fulfilled.
Nonimmigrant Aliens From Designated Countries Already in the United
States
Section 265(b) of the Act provides that the Attorney General may
require natives or citizens of a designated country who are already
in the United States, or any subset of such class, to register pursuant
to
this section. In the event the Attorney General determines that
it is necessary to register such nonimmigrant aliens, the Attorney
General will publish a notice in the Federal Register describing
the aliens who
will be required to appear at a Service office for registration.
The Attorney General's notice will describe the class of nonimmigrant
aliens and the locations at which such registration may occur. The
Attorney General's notice will also explain the procedures for filing
a required form and/or providing fingerprints and photographs, and
submitting supplemental information, if needed.
[[Page 40583]]
Initial Registration at Port of Entry and Confirmation of Status
The proposed rule specifies that if a nonimmigrant alien subject
to special registration stays in the United States for a period
of 30 days or more, the alien must report to a designated office
of the Service on
or after the alien's thirtieth day in the United States, but before
the alien's fortieth day in the United States, to confirm the information
provided in the alien's initial registration at the port of entry.
For those aliens applying for admission to the United States who
are found to be nonimmigrant aliens subject to special registration,
the completion of registration is a condition of admission under
section 214 of the Act. If an alien desires not to participate in
special registration, the alien may withdraw his or her application
for admission.
A nonimmigrant alien subject to special registration who comes to
the United States to work or to study is required to provide proof
of such activity when the alien appears at the designated Service
office.
Documentation such as enrollment forms, actual employment contracts,
or pay statements must be presented to the Service to confirm the
alien's registration statement. All nonimmigrant aliens subject
to special registration must provide proof of residential address
in the United States. These documents will be examined by the Service,
the originals will be returned to the nonimmigrant alien, and a
copy will be retained
by the Service.
Nonimmigrant aliens often arrive at a port of entry that is distant
from their final destination. For example, a nonimmigrant alien
arriving at John F. Kennedy Airport in New York on an F-1 student
visa may be enrolling at a college or university or other school
elsewhere in the United States. This proposed provision permits
a nonimmigrant alien subject to special registration who does not
already have a residential address to acquire that residential address
and provide the Service with an actual rental agreement or other
proof of residence to update or confirm the information on the alien's
initial registration statement.
Annual Registration
A nonimmigrant alien may hold a visa which allows him or her to
remain in the United States for longer than one year. For this type
of nonimmigrant alien who is also subject to special registration,
the
proposed rule requires him or her to verify his or her activities
and address, and to update any other information provided to the
Service, on an annual basis. The proposed rule requires that the
nonimmigrant
alien reaffirm his or her registration statement on, or within 10
days after, each anniversary of his or her arrival. The anniversary
date is used as a benchmark because of the relative importance of
the
nonimmigrant alien's arrival in the United States to the nonimmigrant
alien. The anniversary date is a natural reminder of the requirements
for registration. Additionally, the fact that nonimmigrant aliens
arrive in the United States on a relatively steady basis dictates
that this reaffirmation process will occur at Service offices steadily
throughout the year, thus avoiding a large number of re-registrations
at any one time that might overload the Service or inconvenience
the nonimmigrant aliens any more than necessary.
Change of Address or Other Material Condition
As noted above, all aliens are required to provide the Service
with any change of residential address. The proposed rule reiterates,
for this distinct group of nonimmigrant aliens who are subject to
special
registration, the requirement that the nonimmigrant alien provide
the Service with any change of residential address within 10 days
of such change of address. The proposed rule allows a nonimmigrant
alien
subject to special registration to notify the Service by mail, or
such other means as the Attorney General may designate, of a change
of address, employment, or educational institution. Appropriate
forms will
be made available to such aliens at arrival, on the Internet, and
at Service offices.
Departure
The proposed rule requires that a nonimmigrant alien subject to
special registration also report his or her actual departure from
the United States through inspection by an already existing departure
control officer established under 8 CFR part 215. This requirement
means that the alien must appear before a departure control officer,
i.e., an immigration inspector, at the time he or she departs the
United States to close his or her registration. This notification
will ensure that all special registrations are properly closed.
The proposed rule does not alter any of the requirements of part
215, or otherwise authorize a departure control officer to prohibit
departure, but complements them with requirements that the nonimmigrant
aliens subject to special registration report to the departure control
officer in conjunction with his or her special registration under
this Part.
The requirement that an alien appear before a departure control
officer at the time of departure from the United States is not new,
but has been used sparingly in the past. Under this proposed rule,
it will be necessary to expand the use of the departure control
officer to ensure that the nonimmigrant aliens subject to special
registration have complete records of their status. If actual departure
control were not utilized, special registrations for the nonimmigrant
aliens subject to special registration would simply stop without
explanation sometime after their departure.
Departure will now be confirmed by actual presentation by the nonimmigrant
aliens subject to special registration. This departure notification
can then be confirmed by reference to other records, such
as the actual electronic flight manifests provided by carriers.
Departure control has not been used in a substantial way in the
past and facility work will take substantial time to develop with
airports,
even for the small number of aliens covered by this proposed rule.
Therefore, the Service is authorized to restrict ports of departure
as facilities are developed. The nonimmigrant aliens subject to
special registration will be advised of available ports of departure
as they
register. Accordingly, the Service is authorized to prohibit nonimmigrant
aliens subject to special regulation from exiting at ports of entry
that lack departure control officers and facilities.
The Department notes that departure control procedures have been
demanded by Congress as a part of a complete entry-exit management
system. Illegal Immigration Reform and Immigrant Responsibility
Act of 1996, Div. C, Sec. 110, Pub. L. 104-208, 110 Stat. 3009-558
(Sept. 30, 1996); Immigration and Naturalization Service Data Management
Improvement Act of 2000, Sec. 3, Pub. L. 106-215, 114 Stat. 337
(June 15, 2000); United and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT
Act) Act of 2001, tit. IV, subtit. B, Sec. 414(b), Pub. L. 107-56,
115 Stat. 272, 353-354 (Oct. 26, 2001); Enhanced Border Security
and Visa Entry
Reform Act of 2002, tit. III, Sec. 302, Pub. L. 107-173, 116 Stat.
543, 552 (May 14, 2002). Congress has required that such a system
be implemented by December 31, 2003. 8 U.S.C. 1365a(d)(1). Accordingly,
as the Department develops the larger system mandated by Congress,
the Department will ensure appropriate integration of
[[Page 40584]]
the special registration system proposed in this rule.
To ensure that nonimmigrant aliens subject to special registration
provide this notification of departure and to ensure actual departure,
this rule proposes that substantial penalties be attached to failure
to notify the Service of departure. Paragraph (f)(8) provides that
failure to notify the Service of departure in this way is a failure
to complete registration under section 263(a) of the Act.
Because failure to complete registration is an unlawful activity,
the alien shall thereafter be presumed to be inadmissible to the
United States under section 212(a)(3)(A)(ii) of the Act. This presumption
may
be overcome by making a showing that satisfies conditions set by
the Attorney General and the Secretary of State. Other grounds of
inadmissibility may also apply.
Application of the Act and Penalties
The proposed rule is an exercise of the Attorney General's authority
under sections 214, 215, 262, 263, and 265 of the Act to impose
conditions on admission, register aliens and special groups of aliens,
and manage departure of aliens. Each registration required by the
proposed rule is, therefore, a registration under sections 262 and
263 of the Act. The Act provides that a willful failure to register,
or making a false statement on the registration, is punishable under
section 266(a) and (c), respectively, of the Act by a fine of up
to $1,000 or by imprisonment for up to 6 months. Providing a false
statement would also subject the nonimmigrant alien subject to special
registration, upon conviction, to detention and removal.
The proposed rule is also an exercise of the Attorney General's
authority under section 265 of the Act to provide for aliens to
file changes of address and provide other required information.
The Act provides that a failure to provide a change of address or
provide other information would be punishable under section 266(b)
of the Act by a fine of up to $200 and imprisonment for 30 days.
The Attorney General
may also remove nonimmigrant aliens who violate the provisions of
section 265 of the Act and the implementing regulations, even if
the alien has not been subject to criminal prosecution.
Conditions of Admission
Under section 214(a) of the Act the admission of all nonimmigrant
aliens to the United States ``shall be for such time and under such
conditions as the Attorney General may by regulations prescribe.''
The
Attorney General may impose conditions on admission that are rationally
related to the maintenance of nonimmigrant status. See, e.g., Narenji
v. Civiletti, 617 F.2d 745, 747 (D.C. Cir. 1980) (upholding regulation
requiring Iranians on student visas to report and ``provide information
as to residence and maintenance of nonimmigrant status'' or be subject
to deportation proceedings). The regulations that currently implement
section 214 provide in part that a condition of a nonimmigrant's
continued stay in the country ``is the full and truthful disclosure
of all information requested by the Service.'' 8 CFR 214.1(f). The
special registration requirements imposed by this proposed rule
are intended in part to ensure that nonimmigrant aliens are complying
with their nonimmigrant status (e.g., by continuing to be students
or employees, as contemplated at the time of the issuance of their
visas). This rule also proposes to amend 8 CFR 214.1(f) to impose
an additional condition on the admission of a nonimmigrant. The
regulation requires that an alien, if chosen for special registration,
must report to the USCIS at certain intervals to prove that he or
she is maintaining nonimmigrant status. Thus, a nonimmigrant alien's
wholesale failure to appear for
registration at the 30-day mark, or for the annual reregistration,
for example, will be deemed a failure to maintain the relevant nonimmigrant
status, and will render the alien removable under section 237(a)(1)(C)(i)
of the Act.
Regulatory Procedures
Regulatory Flexibility Act
The Department of Justice, in accordance with the Regulatory Flexibility
Act (5 U.S.C. 605(b)), has reviewed this regulation and by approving
it certifies that this regulation will not have a significant
economic impact on a substantial number of small entities. This
rule will affect individual nonimmigrant aliens who are not considered
small entities as that term is defined in 5 U.S.C. 601(6).
Executive Order 12866
This regulation has been drafted and reviewed in accordance with
Executive Order 12866, Regulatory Planning and Review, section 1(b),
Principles of Regulation. The Department of Justice has determined
that
this rule is a ``significant regulatory action'' under Executive
Order 12866, section 3(f), Regulatory Planning and Review, and accordingly
this rule has been reviewed by the Office of Management and Budget.
Executive Order 13132
This regulation will not have substantial direct effects on the
States, on the relationship between the national government and
the States, or on the distribution of power and responsibilities
among the
various levels of government. Therefore, in accordance with Executive
Order 13132, it is determined that this rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
Executive Order 12988
This regulation meets the applicable standards set forth in sections
3(a) and 3(b)(2) of Executive Order 12988.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local and
tribal governments, in the aggregate, or by the private sector,
of $100,000,000 or more in any one year, and it will not significantly
or uniquely affect small governments. Therefore, no actions were
deemed necessary under the provisions of the Unfunded Mandates Reform
Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 251 of the
Small Business Regulatory Enforcement Fairness Act of 1996. 5 U.S.C.
804. This rule will not result in an annual effect on the economy
of
$100,000,000 or more; a major increase in costs or prices; or significant
adverse effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based companies to
compete with foreign-based companies in domestic and export markets.
Paperwork Reduction Act
This rule modifies existing requirements to require certain nonimmigrant
aliens to make specific reports to the Immigration and Naturalization
Service: upon arrival; approximately 30 days after arrival; every
twelve months after arrival; upon certain events, such as a change
of address, employment, or school; and at the time of departure
from the United States. The Service is requiring this information
to ensure such aliens comply with the terms of their visas and admission,
and to ensure that they depart the United States at the
end of their authorized stay.
[[Page 40585]]
This rule contains a new information collection which is currently
under development. This information collection will be submitted
to the Office of Management and Budget (OMB) for emergency approval
and
comments will be solicited from the public, in accordance with the
Paperwork Reduction Act of 1995.
Comments on the collection of information should be sent to Brenda
Dyer, Clearance Officer, United States Department of Justice, Information
Management and Security Staff, Justice Management Division,
Patrick Henry Building, 601 D Street, NW, Rm. 1600, Washington,
DC 20530.
List of Subjects
8 CFR Part 214
Aliens, Immigration, Registration, Reporting and recordkeeping
requirements.
8 CFR Part 264
Aliens, Immigration, Registration, Reporting and recordkeeping
requirements.
Accordingly, the Department of Justice proposes to amend chapter
1 of title 8 of the Code of Federal Regulations as follows:
PART 214--NONIMMIGRANT CLASSES
1. The authority citation for part 214 is revised to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1182, 1184, 1186a, 1187, 1221,
1281, 1282, 1301-1305; sec. 643, Pub. L. 104-208, 110 Stat. 3009-708;
section 141 of the Compacts of Free Association with the
Federated States of Micronesia and the Republic of the Marshall
Islands, and with the Government of Palau, 48 U.S.C. 1901, note,
and 1931 note, respectively; 8 CFR part 2.
2. Amend Sec. 214.1 by revising paragraph (f) to read as follows:
Sec. 214.1 Requirements for admission, extension, and maintenance
of status.
* * * * *
(f) Registration and false information. A nonimmigrant's admission
and continued stay in the United States is conditioned on compliance
with any registration, photographing, and fingerprinting requirements
under Sec. 264.1(f) of this chapter that relate to the maintenance
of nonimmigrant status and also on the full and truthful disclosure
of all information requested by the Service. Willful failure by
a nonimmigrant
to register or to provide full and truthful information requested
by the Service (regardless of whether or not the information requested
was material) constitutes a failure to maintain nonimmigrant status
under
section 237(a)(1)(C)(i) of the Act.
PART 264--REGISTRATION AND FINGERPRINTING OF ALIENS IN THE UNITED
STATES
3. The authority citation for part 264 is revised to read as follows:
Authority: 8 U.S.C. 1103, 1182, 1184, 1201, 1301-1305.
4. Amend Sec. 264.1 by revising paragraph (f) to read as follows:
Sec. 264.1 Registration and fingerprinting.
* * * * *
(f) Registration, fingerprinting, and photographing of certain nonimmigrants.
(1) Notwithstanding the provisions in paragraph (e) of this section,
nonimmigrant aliens identified in paragraph (f)(2) of this section
are subject to special registration, fingerprinting and photographing
requirements upon arrival in the United States. This requirement
shall not apply to those nonimmigrant aliens applying for admission
to the United States under sections 101(a)(15)(A) or 101(a)(15)(G)
of the Act. In addition, this requirement shall not apply to those
classes of nonimmigrant aliens to whom the Attorney General and
the Secretary of State jointly determine it shall not apply, or
to any individual nonimmigrant alien to whom the Attorney General
or the Secretary of State determines it shall not apply. Completion
of special registration pursuant to this paragraph (f) is a condition
of admission under section 214 of the Act if the inspecting officer
determines that the alien is subject to registration under this
paragraph (f) (hereinafter ``nonimmigrant alien subject to special
registration'').
(2) Nonimmigrant aliens in the following categories are subject
to the requirements of paragraph (f)(3) of this section:
(i) Nonimmigrant aliens who are natives or citizens of a country
designated by the Attorney General, in consultation with the Secretary
of State, by a notice in the Federal Register,
(ii) Nonimmigrant aliens whom a consular officer or an inspecting
officer has reason to believe are natives or citizens of a country
designated by the Attorney General, in consultation with the Secretary
of State, by a notice in the Federal Register, or
(iii) Nonimmigrant aliens who meet pre-existing criteria, or whom
a consular officer or the inspecting officer has reason to believe
meet pre-existing criteria, determined by the Attorney General or
the
Secretary of State to indicate that such aliens' presence in the
United States warrants monitoring in the national security interests,
as defined in section 219 of the Act, or law enforcement interests
of the
United States.
(3)(i) Any nonimmigrant alien who is included in paragraph (f)(2)
of this section, and who applies for admission to the United States,
shall be specially registered on a form required by the Service,
shall
be fingerprinted, and shall be photographed, by the Service, at
the port-of-entry at such time the nonimmigrant alien applies for
admission to the United States. The Service shall advise the nonimmigrant
alien subject to special registration that, if the alien remains
in the United States for 30 days or more, the nonimmigrant alien
subject to special registration must appear at a Service office
in person to complete registration by providing additional documentation
confirming compliance with the requirements of his or her visa.
The nonimmigrant alien subject to special registration must appear
at such office between 30 and 40 days after the date on which the
nonimmigrant alien subject to special registration was admitted
into the United States. (ii) At the time of verification of information
for registration pursuant to paragraph (f)(3)(i) of this section,
the nonimmigrant alien subject to special registration shall provide
the Service with proof of
compliance with the conditions of his or her nonimmigrant visa status
and admission, including, but not limited to, proof of residence,
employment, or registration and matriculation at an approved school
or
educational institution. The nonimmigrant alien subject to special
registration shall provide any additional information required by
the Service.
(4) The Attorney General, by publication of a notice in the Federal
Register, also may impose such special registration, fingerprinting,
and photographing requirements upon nonimmigrant aliens who are
natives, citizens, or residents of specified countries or territories
(or a designated subset of such natives, citizens, or residents)
who have already been admitted to the United States or who are otherwise
in
the United States. A notice under this paragraph shall explain the
procedures for appearing in person and filing the forms required
by the Service, providing fingerprints, photographs, and/or submitting
supplemental information or documentation.
(5) A nonimmigrant alien subject to special registration shall annually
reregister in person with the Service at
[[Page 40586]]
the district office for the district in which the nonimmigrant
alien subject to special registration's residence is located. Annual
reregistration shall be in the same manner as provided in paragraph
(f)(3), and shall occur within 10 days of the month and day of the
anniversary of his or her original admission to the United States.
Annual reregistration of a nonimmigrant alien subject to special
registration under paragraph (f)(4) shall be in the manner prescribed
in the applicable notice, subject to any modifications or changes
included in any applicable intervening notice.
(6) In addition to the 30-day and annual reregistrations pursuant
to paragraphs (f)(3) and (f)(5) of this section, any nonimmigrant
alien subject to special registration who remains in the United
States for 30
days or more shall notify the Service by mail or other such means
as determined by the Attorney General, using a notification form
designated by the Service, of any change of address of residence,
change of employment, or change of educational institution, within
10 days of such change.
(7) A nonimmigrant alien subject to special registration may apply
to the district director, or such other official as the Attorney
General may designate, at the Service's district office in which
the nonimmigrant alien subject to special registration's residence
address is located and registered, for relief from the requirements
of this paragraph (f). The decision of the district director or
such other official is final and not appealable.
(8) When a nonimmigrant alien subject to special registration departs
from the United States, he or she shall report to a departure control
officer of the Service, at such port of entry as the Service may
specify. Any nonimmigrant alien subject to special registration
who fails, without good cause, to be examined by a departure control
officer at the time of his or her departure, and to have his or
her departure endorsed upon his or her special registration, shall
thereafter be presumed to be inadmissible under, but not limited
to, section 212(a)(3)(A)(ii) of the Act, as an alien whom the Attorney
General has reasonable grounds to believe, based on the alien's
past failure to conform with the requirements for special registration,
seeks to enter the United States to engage in unlawful activity.
An alien may overcome this presumption by making a showing that
he or she satisfies conditions set by the Attorney General and the
Secretary of
State.
(9) Registration under this paragraph (f) is not deemed to be complete
unless all of the information requested on the forms required by
the Service, and all requested documents, are provided in a timely
manner. Each annual reregistration and each change of material fact
is a registration that is required under sections 262 and 263 of
the Act. Each change of address required under this paragraph (f)
is a change of
address required under section 265 of the Act.
* * * * *
Dated: June 10, 2002.
Larry D. Thompson,
Acting Attorney General.
[FR Doc. 02-15037 Filed 6-11-02; 10:45 am]
BILLING CODE 4410-10-P
(06/14/2002)
For more immigration news, please click
here |
|
