News
Articles
Jan 25 2003
Special Registration Expanded & Extended
Jan
17 2003
Experiences with Special Registration
Jan
13 2003
Special Registration in Effect for
Saudi and Pakistani Males
Nov
17 2002
INS Announces Special Call-In for Some Nonimmigrant
Aliens
Nov
11 2002
President Bush Signs Into Law New Provisions
for H-1B Visa Extensions
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Experiences
with Special Registration
Unknown
district office:
I represented a client from Yemen who was out of status; however, I
had filed adjustment of status based on marriage to a USC spouse two
days prior. The client was registered and released with
no incident. INS needed to know exactly where the applicant
lived, and how he could be adjusted. At the registration interview,
INS checked IBIS thoroughly.
Houston District Office:
I am representing a Morroco citizen. went to register, is on a
f-1 visa, working as a waiter at a restaurant. This was his only
violation. Full time student. Immediately detained and placed
on a $10,000 bond. At the bond hearing I was informed that since
he had lied on his I-9 when filling out the job application, his case
will be referred to the US attorney unless he agrees to waive hearings,
etc. We went ahead with the bond hearing anyway. Judge Bentson
dropped the bond to $3500. Student is 20 years old.
San Antonio District Office:
moroccan f1 student on his entry several years ago...he did go to school
for one year, but has been out of status for several years now...we
filed a 245(i) case in april 2001 with his lpr wife filing for him...after
some issues were resolved with their marriage (they separated at one
point) and issues with the lpr wife that might have caused a natz problem,
we natzed her...i filed the adjustment case during the holidays (however
we had no receipt from the ins yet)...he had no criminal history and
no hits as a "terrorist"... ins was very civil yesterday,
asked him only biographic questions, registered him, and sent him on
his way...that was good...
the second
one was also moroccan f1 student, who attended one year of english classes
but did not go back to school last august (2002)...he married a USC
on wednesday (the timing was a little suspect for the ins, but they
have been dating for 7 months)...unfortunately, usc wife went into the
hospital wednesday night for emergency surgery so we were unable to
do the adjustment packet on thursday as planned...my guy was registered,
and questioned about general biographic information, then we were taken
to investigations...after some discussion about me being present (the
officer said no, i reminded her that it was the law, she got her supervisor,
and i was allowed to remain with him), the process began...no criminal
or terrorist hits, so he was issued an nta for violating the terms of
his visa, and the big surprise/relief was he was released OR...
i don't
want to say that this is the "local policy" because by this
time, it was 7 p.m. friday night and everybody was wanting to go home...i
do believe that had something to do with it...i also believe the fact
that an attorney was with him and that he has possible relief made a
huge difference...if i hadn't been there the scenario may have been
different because they would have simply held him over the weekend and
processed him on monday...
i did
observe something interesting...an lpr from zambia (not on the list)
with a british passport (definately not on the list) came in because
he was confused by the law...rather than just excusing him as they clearly
should have done, the front desk took his passport, went upstairs and
ran a check on him, then questioned him if he had any relatives in the
middle east or any ties to the middle east...only after all that did
they excuse him...i thought that was a bit over the top and definately
not within the law...
the one
thing i am now assured of is those subject to this registration should
not attend alone...by the way, the local office will accept appointments
from lawyers for this...
Houston District Office:
Group 2 registrant entered US on F-1, too late to register for classes
advised by DSO to wait for next semester, been attending FT, married
to USC, no AOS filed yet. Handcuffed and NTA issued, released
on personal recog.
2 other G-2 registants detained for NIV violations, bond starting at
$10,000. Transferred to Export Plaza. Bond hearing requested
not yet set.
El Paso District Office:
I have registered several individuals in the El Paso, Texas office.
The first individual was promptly arrested and issued an NTA since his
I-485 was denied. He was not given any type of bond. I filed a bond
motion and he is currently awaiting his removal hearing.
The other clients I had were not issued NTA's because they were either
already in proceedings or had been successful in immigration court.
The treatment by the INS ADOS who handled the registration was very
polite and professional. Unfortunately the system being used is
so slow the time to register can be anywhere from 30 minutes to 3 hours.
Oklahoma City is arresting all comers.
We had two cases of persons with I-140/485s on file at TSC for nearly
10 days before appearing but the INS still issued its NTA since the
registrant failed to have a receipt notice and case number to prove
the filing.
We had two cases of person with USC wives and kids who came in with
paperwork to file an I-130/485. The INS did not have time to accept
the application but made the time to issue Notices to Appear.
I am aware of two other similar cases that occurred in Fort Smith, Arkansas.
We had one guy on B-2 that expires in February. We sent him to
register (Group I) when he cane to us to file a timely extension request.
He made it to OKC just 3 days after the Group I registration period
ended and was immediately slapped into deportation even though he swore
and had our letter, that he came immediately after learning of his obligation
to do so. The guy had only been in this country for a few months
and did not speak much English.
Finally, OKC is calling the employers of the registrants and threatening
them with sanctions if the allow that person back to work (even those
with families to support and I-485s pending).
In each of the above cases OKC has released the person on his own recognizance.
It is generating lots of deportation business but I would rather that
my clients be able to avoid that hassel and expense. The INS courts
are going to be slammed. I am going to make the Gov't prove everything.
What a waste of good INS resources. |
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