Office-by-Office Summary of How USCIS Is Handling Call-In Special Registration


Cite as "Posted on AILA InfoNet at Doc. No. 02121642 (Dec. 16, 2002) ."

USCIS OFFICE-BY-USCIS OFFICE SUMMARY OF
HOW CALL-IN REGISTRATION IS
BEING HANDLED
Updated 12/16/02

“USCIS Office statements” are based on information provided by that USCIS office to immigration attorneys. “Reports from individuals/attorneys of actual experiences” are based on information provided by immigration attorneys and their clients. This information is changing constantly. The information provided below is from reports provided to AILA as of December 16, 2002.

Terminology:

NTA=Notice to Appear, the document issued by USCIS to begin removal proceedings.

245(i)=A provision whereby certain people who began certain processes for obtaining permanent residence prior to April 30, 2001, may complete the process without having to depart the United States even if they have not continually maintained legal status.

ARLINGTON, VA

USCIS Office statements:

Reports from individuals/attorneys of actual experiences:

  • Persons attempting to register during the week of 12/9 were told to return after 12/16, but the District Office advised USCIS HQ that this is not happening.

  • On deadline date (12/16), person attempting to register was told to go to Dulles Airport, because the Arlington Office is not equipped to handle registration.

  • Early on, process took about 20 minutes. Social security card, driver’s license, credit card, passport, I-94, and proof of employment (pay stub) were requested. Fingerprinted and photographed. A registration number was placed on the back of the I-94

ATLANTA, GA

USCIS Office statements:

Reports from individuals/attorneys of actual experiences:

  • All registrants are to ask to see DAO Thomas or Benton. Brief interview. Passport, work authorization card and copy of lease were brought to interview and reviewed.

  • Waiting time of 4 hours, in room 104.

BALTIMORE, MD

USCIS Office statements:

  • Persons with “status issues” will be referred to Investigations.

  • Persons who are out of status but are a beneficiary of an adjustement application will not be placed in proceedings, but will be referred to investigations.

  • Attorneys are being allowed to attend the interviews.

  • I-94 cards being marked to show that registration occurred.

    Reports from individuals/attorneys of actual experiences:

  • Early on, attorneys were being barred from clients’ interviews. Also was not marking I-94 cards of those who appeared.

  • Credit card numbers requested and taken down.

BLOOMINGTON, MN

USCIS Office statements:

Reports from individuals/attorneys of actual experiences

  • Registrant with pending Immediate Relative-based adjustment (adjustment interview already held) interviewed briefly by Exams, then sent to Detention & Removal. USCIS indicated that anyone with an apparent gap in status would be so referred. Attorney barred from D&R interview. NTA was issued, and appeared to based on information obtained during this interview.

BOSTON, MA

USCIS Office statements:

  • All registrants must first report to Examinations. Those who are out of status will be referred to Investigations.

  • Adjustment of status applicants will not be put in removal proceedings.

  • Although the office has not yet encountered the situation, they believe that if an individual who is out of status but has a labor certification application pending is encountered, a Notice to Appear will be issued but the person would not be detained.

  • Only those with outstanding warrants or criminal “hits” are being detained.

    Reports from individuals/attorneys of actual experiences:

  • Early on, attorneys were being barred from the interviews, but now counsel is being allowed.

  • Registrants asked to empty their wallets. Credit card, bank account numbers, and video rental card numbers recorded. Relatives’ contact information requested.

CHICAGO, IL

USCIS Office statements:

Reports from individuals/attorneys of actual experiences:

  • Registration of Iranian-born Canadian citizen on TN was “quick and cordial”. Questions were routine.

CINCINNATI, OH

USCIS Office statements:

Reports from individuals/attorneys of actual experiences:

  • Person with approved I-140 and adjustment application pending arrested at special registration interview. No bond.

  • Individual who was admitted on a visa waiver was removed without hearing even though he had an immediate relative adjustment application, based on a long-standing marriage, pending.

CLEVELAND, OH

USCIS Office statements:

  • All individuals with status violations will be placed into proceedings.

  • Detention will be considered on a case-by-case basis.

    Reports from individuals/attorneys of actual experiences:

  • Registrant with pending employment-based 245(i) adjustment application taken into custody. Eventually released, but advised that an NTA will be issued.

  • Registrants asked to empty their wallets. Credit card, bank account numbers recorded.

DALLAS, TX

USCIS Office statements:

  • Office is open for registration M-F, 6:30 am to 3:00 pm. Get in line and tell guard you are here for special registration. Bring passport and original I-94.

    Reports from individuals/attorneys of actual experiences:

  • Palestinian born in Gaza and carrying an Egyptian travel document was referred to call-in Special Registration when he went to the ASC for adjustment fingerprints, because he had different A numbers on his LIFE legalization receipt and his I-765 receipt.

DES MOINES, IA

USCIS Office statements:

Reports from individuals/attorneys of actual experiences:

  • Swedish citizen born in Lebanon (family members are all Swedish) was told he did not need to register. Given form to show he attempted to register.

DETROIT, MI

USCIS Office statements:

Reports from individuals/attorneys of actual experiences:

  • Two reports of simple and courteous process. Wait time approx. 2 hours.

HARTFORD, CT

USCIS Office statements:

  • Persons out of status are referred to Investigations. Officer In Charge has discretion as to how to deal with these cases. As of 12/12, there had been about 6-8 of these.

  • Persons with a pending, viable adjustment of status application are not placed in proceedings, unless there is other negative information. Similar weight is given to an approved or pending I-130.

  • Persons subject to mandatory bars and are not 245(i) eligible, but filed an adjustment application anyway are issued an NTA.

  • Persons currently in status, but who have past violations, are assessed on a case-by-case basis.

    Reports from individuals/attorneys of actual experiences:

  • Report to room 456.

  • Registrant with pending 245(i) adjustment application taken into custody, but released after attorney faxed the I-797 receipt notice and approval notice for the I-140. USCIS called VSC, where adjustment is pending, to verify. No NTA issued.

HONOLULU, HI

USCIS Office statements:

Reports from individuals/attorneys of actual experiences:

  • 1/27 was the first registration in that office. Process took 3 hours. Only index fingerprints taken, not full 10-finger.

HOUSTON, TX

USCIS Office statements:

  • If the person is out of status, he will be referred to Investigations to determine if an NTA should be issued. In most cases, a person out of status will be issued an NTA.

  • If the person is an adjustment of status applicant under Section 245(i), the person will not be arrested or sent to Investigations.

  • If the person has prior immigration violations but has reinstated his immigration status, the person will not be arrested.

  • The Service reserves the right to investigate and issue an NTA on a case by case basis, of course.

    Reports from individuals/attorneys of actual experiences:

KANSAS CITY, MO

USCIS Office statements:

Reports from individuals/attorneys of actual experiences:

  • Three-hour wait. Interview itself lasted 20-30 minutes. Questions included such items as whether registrant is married, what transportation he uses, where and how often he travels, where he was born. Passport and current pay stubs requested. I-94 was notated.

LAS VEGAS, NV

USCIS Office statements:

Reports from individuals/attorneys of actual experiences:

  • Office was uncertain how to handle registrant with pending asylum application, but who plans to withdraw that application and file an adjustment application under 245(i). Interview conducted, and registrant sent home with statement that USCIS may call. USCIS Investigations did call later in the day, asking registrant to return. Indicated that detention is mandatory with no bond until all inquiries are negative.

LOS ANGELES, CA

USCIS Office statements:

  • Early statements indicated that, if the individual “has ever been out of status”, he will be detained and put in removal proceedings, even if an adjustment of status application is pending. Later, LA indicated that it has prosecutorial discretion to proceed.

  • After a background check is completed, bond will be considered.

  • As of 12/4, LA was registering 50-60 people per day. It had referred two people to investigations, and taken one person into custody. In a case in which there had been an approved I-130 (priority date not yet current) and the individual was eligible for 245(i), the person was not taken into custody. Pending motions to reopen on denied changes or extensions of status are also favorable factors.

  • Registrants have the right to counsel.

  • Definition of “national” will be based on retention laws of the country of birth.

  • USCIS officer can adjudicate an extension of status application (but not change of status application) for someone who failed to timely file one, or an application for replacement I-94, on the spot.

  • People who fail to register are subject criminal penalties and removal.

    Reports from individuals/attorneys of actual experiences:

  • In two instances in which registrants were interviewed by USCIS District Adjudications Officers, the following information was requested:

    1) Family name
    2) First name
    3) Middle initial

    They were then asked to provide their drivers' licenses, passport, I-94 form and asked the following questions:

    4)What's your nationality
    5) Place of Birth
    6) Sex
    7) Date of Birth
    8) Height
    9) Weight
    10) Hair color
    11) Eye color
    12) Purpose of your visit
    13) Names of Mother and Father
    14) Mother/Father dates of birth
    15) Last address in country of origin
    16) Social security number
    17) Place of issuance of visa
    18) Date of issuance of visa
    19) Expiration date of issuance of visa
    20) Passport Number
    21) City of issuance of the passport
    21) Date of issuance of the passport
    22) Expiration date of issuance of the passport Although all the information requested is on the passport, the USCIS District Adjudication Officers did not look at the passport and asked the clients directly for the information.
    23) What airline did you fly in entering the United States
    24) Flight number
    25) Date of arrival
    26) Time of arrival

    Following the interviews, the interviewer made photocopies of employment verification letters and paycheck stubs. Fingerprints were taken of the right and left index fingers. The USCIS interviewer then took the I-94 form and signed the back of the I-94 form and also printed their District Adjudication Officer number. The interviewer then annotated the I-94 form acknowledging the person had registered. The passport, driver's license, and I-94 were then given back to the registrant.

MIAMI, FL

USCIS Office statements:

Reports from individuals/attorneys of actual experiences

  • “Polite but stumbling.” Took 3-5 minutes for each question, with USCIS staff uncertain how to enter answers into computer. Overall, took 8 hours for a completely clean case.

MINNEAPOLIS, MN

USCIS Office statements:

Reports from individuals/attorneys of actual experiences:

  • Three registrants taken into custody on 12/5. One had 245(i)-based adjustment pending and two were married to U.S. citizens with long-pending petitions. Handcuffed and separated from attorney. Threatened to set $10,000 bond, but eventually released on own recognizance at the end of the day.

  • Early on, guards were not familiar with Special Registration, and so did not allow registrants to enter. When registrant finally got in, interview took about 45 minutes. It was the first Special Registration interview that that office had conducted. Interview was cordial.

NEWARK, NJ

USCIS Office statements:

  • Whether to detain/put in proceedings any registrant is a case-by-case determination, taking into account “all factors and aspects” of the situation.

    Reports from individuals/attorneys of actual experiences:

  • Two reports of confusion and having trouble finding anyone (guards, USCIS employees) who had heard of special registration. Eventually sent to room 1404.

  • Those who arrived later were seen first. Early arrivals had to wait approximately 6 hours.

  • Interviews vary: (1)Relaxed interview, with questions similar to those on Form G-325. Checked passport for travel patterns, and other cards, such as credit cards, social security, drivers license. (2) 1.5 hour interview. (3) 30-minute interview. (4) virtually no interview at all.

  • Officer indicated that they don’t take anyone into custody unless there is an outstanding warrant, and that you don’t have to be a NJ resident to go to this office. Also indicated that USCIS WILL deport if you fail to register.

NEW ORLEANS, LA

USCIS Office statements:

Reports from individuals/attorneys of actual experiences:

  • Citizen of Trinidad & Tobago who was born in Libya (but neither parent was born in Libya) was told that he did not need to register.

NEW YORK, NY

USCIS Office statements:

  • Out of status registrants will be referred to Investigations for possible issuance of a Notice to Appear. Investigations will use prosecutorial discretion in determining whether to issue an NTA, but most likely someone who has no application pending WILL be issued the NTA.

  • Persons with a 245(i) application pending most likely will not be referred to Investigations, unless there is a “hit” from the computer checks. If there is a hit, most likely an NTA will issue.

  • Registrants who are currently in status, but have had past status violations, generally will not be referred to Investigations if they’ve since returned to the U.S. with the proper visa, waiver, etc. But the District does have discretion to put in proceedings anyone it feels is removable.

  • The District does not plan to detain out of status registrants, but reserves the discretion to do so.

Reports from individuals/attorneys of actual experiences:

  • Enter in front and go to room 310.

  • Questions include names, addresses and dates of birth of parents; 2 contacts in U.S.; email address; social security number; whether you are a terrorist. Asked to see passport, I-94, driver’s license, proof of status (employment letter; transcript, etc.) Photo and fingerprint taken.

  • Registrant with pending 245(i) adjustment application detained and issued NTA.

  • In another case, interview went smoothly, and USCIS “very nice”.

OKLAHOMA CITY, OK

USCIS Office statements:

Reports from individuals/attorneys of actual experiences:

  • First attempted to register on 11/12, but USCIS office was not familiar with special registration
    .
  • Attorney barred from interview.

OMAHA, NE

USCIS Office statements:

  • Persons out of status handled on a case-by-case basis.

  • Persons who are out of status but are a beneficiary of a 245(i) application, are handled on a case-by-case basis.

  • Persons now in status but had previously violated status are handled on a case-by-case basis.

  • Persons who fail to register will be apprehended and placed in proceedings.

    Reports from individuals/attorneys of actual experiences:

  • Registrants are given long interview under oath. Questions include: last 3 addresses, parents’ names and dates of birth, names and addresses of at least 2 people from home country who are currently in the U.S. Took credit card and bank account information.

PHILADELPHIA, PA

USCIS Office statements:

Reports from individuals/attorneys of actual experiences

  • Registrant taken into custody despite pending 245(i)-based adjustment of status application. Eventually released and issued an NTA.

PHOENIX, AZ

USCIS Office statements:

  • Adjustment applicants whose nonimmigrant status expired during the process will be processed by Investigations and held until the computer checks clear.

  • Persons who are out of status will be held until a variety of checks, including the FBI 10-fingerprint check, are completed.

  • Late registrants will be processed by Investigations, and have to establish that he didn’t know about registration and failure to timely register was beyond his control.

    Reports from individuals/attorneys of actual experiences:

PORTLAND, OR

USCIS Office statements:

  • Persons currently out of status will be referred to Investigations.

  • Section 245(i) applicants are not automatically referred to Investigations, unless there is negative information in their record.

  • Persons currently in status who have past violations are not referred to Investigations.

  • If someone is currently out of status, or has a “hit” on his record, he will be detained.

    Reports from individuals/attorneys of actual experiences:

SACRAMENTO, CA

USCIS Office statements:

Reports from individuals/attorneys of actual experiences:

  • Long wait. Attorney representation allowed, but registrant’s brother not permitted in the interview. Registrant has pending 245(i) adjustment application. Not referred to Investigations. Registrant was asked to complete questionnaire similar to the Chicago airport questionnaire. Same questions asked in interview under oath.

SALT LAKE CITY, UT

USCIS Office statements:

  • Anyone who is out of status will be referred to Investigations.

    Reports from individuals/attorneys of actual experiences:

SAN FRANCISCO, CA

USCIS Office statements:

  • Office indicates that they are not arresting or detaining registrants.

    Reports from individuals/attorneys of actual experiences:

  • Two Canadian citizens born in Iran were determined not to be subject to Special Registration. One was given a stamp on his I-94 indicating that he had appeared to register.

  • There for 5 hours, including waiting time. Asked extensive questions.

  • Requested driver’s license, credit and medical cards. Account number taken down from ATM card. I-94 notated.

  • Early on, office was unfamiliar with call-in registration and registrants were turned away.

SAN JOSE, CA

USCIS Office statements:

Reports from individuals/attorneys of actual experiences:

  • No appointments, but registrants should come early.

  • Total wait of approx. 1.5 hours.

  • Interviewer friendly, but inexperienced and unfamiliar with basic immigration documents. Interviewer read prepared statement asking registrant to confirm that process is strictly voluntary (which it is not) and that he is free to leave at any time. Documents requested were passport, driver’s license, employment verification letter, and credit cards. Interviewer was completing a 30-question computerized form. Interview itself took 3 hours. Notation of registration made on I-94.

SEATTLE, WA

USCIS Office statements:

Reports from individuals/attorneys of actual experiences:

  • Wait in “take a number” line outside, but don’t need a number once inside. Wait was approx. one hour, and interview lasted about 15-20 minutes. Attorney allowed to be present. Fingerprints captured electronically. Passport was the only document reviewed. Questions included:

    Where were you born?
    Home address and phone number
    Approximately when did you move there?
    height, weight, hair color, eye color
    Do you work or go to school?
    name and address of school/work
    (For student) What is your major?
    Where was your visa issued?
    Who would be your contact if something should happen to you?

WICHITA, KS

USCIS Office statements:

Reports from individuals/attorneys of actual experiences

  • B-2 overstay with pending 245(i) labor certification application not referred for proceedings. Decision made after call to Kansas City USCIS office. Entire process took 20 minutes.

(12/16/2002)

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