New Entry-Exit Registration System Goes Into Effect

by McTyreLaw.com Monday, October 14, 2002

The first step toward a comprehensive entry-exit control system has been implemented.

As part of the USA PATRIOT Act, Congress required the Department of Justice to develop a new entry-exit system designed to protect the United States from potential terrorists and to help aliens understand and comply with their responsibilities under the immigration laws. The National Security Entry-Exit Registration System (NSEERS), which went into effect on October 1, 2002, is the first part of a comprehensive entry-exit system that will eventually apply to nearly all foreign visitors.

Who Must Register?

This first step in the NSEERS only applies to nonimmigrants who are

• nationals or citizens of Iran, Iraq, Libya, Sudan or Syria,
• persons who have been designated by the State Department at American embassies or consulates based on a reasonable belief that they are nationals or citizens of countries identified by the Attorney General (currently the countries listed above),
• persons identified by BCIS (a.k.a. INS) officers as meeting certain preexisting criteria, indicating that the person's presence in the United States warrants monitoring in the national security interests.

How to Register?

An BCIS (a.k.a. INS) officer at the arrival port of entry will refer nonimmigrants subject to registration to the area where they will be photographed, fingerprinted, and interviewed. Nonimmigrants subject to registration must also comply with the following requirements, which the BCIS (a.k.a. INS) recommends that these persons keep with them, since they are under a legal responsibility to comply:

• A person subject to registration who remains in the United States for 30 days or longer, must report in person to an BCIS (a.k.a. INS) office between day 30 and day 40 and show that the person is following the travel plans or the statement of intentions made upon entry;
• A person subject to registration who remains for 1 year or longer, must report in person to an BCIS (a.k.a. INS) office within 10 days of the anniversary of the date when the person was last admitted to the United States and show that the person is following the travel plans or statement of intentions made upon entry;
• If a person subject to registration changes address, employer, or school after remaining in the United States for 30 days or more, the person must notify the Bureau of Citizenship and Immigration Services (a.k.a. INS) in writing within 10 days of the change;
• When a person subject to registration leaves the United States (after October 1, 2002), the person must appear before an BCIS (a.k.a. INS) inspecting officer at a designated port of departure and leave from that port on the same day.

Although the NSEERS program has been tested in selected ports of entry since September 11, 2002, the program is now in place at all ports of entry. Pursuant to the program, the fingerprints of a small percentage of entering foreign visitors will be matched against a database of known criminals and a database of known terrorists. These visitors will be selected according to intelligence criteria reflecting patterns of terrorist organizations' activities.

Related Links & Downloads

BCIS (a.k.a. INS) Explanation of Special Registration

Special Registration Procedures (Short Version) (PDF 15KB)

Special Registration Procedures (Long Version)

NSEERS Regulations

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