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Immigration Article: Special Registration. What is it?

Question: I have heard that there is some kind of law out that requires some people from certain countries to register with the INS. Who does this affect and what does it mean?

 Answer: You are correct. There is a new procedure referred to as Special Registration. The deadline, if you are a national of one of the designated countries is January 10, 2003. This Notice requires certain nonimmigrant aliens to appear before, register with, and provide requested information to the Immigration and Naturalization Service on or before January 10, 2003. It applies to certain nonimmigrant aliens from one of the countries designated in this Notice who was last admitted to the United States on or before September 30, 2002, and who will remain in the United States until at least January 10, 2003.

 The countries originally specified were Iran, Iraq, Libya, North Korea, Sudan, and Syria. Just recently, the following countries were added to this list of seven. Pakistan, Saudi Arabia, and Yemen who are males between the ages of 16 and 45. Finally, the following 13 countries have been added: Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, United Arab Emirates, and Yemen.

Question: What if one of my friends is a Lawful Permanent Resident or U.S. Citizen from one of those countries? Must he also register?

Answer: No. This is only meant for persons who are on temporary visas in the U.S.

Question: What exactly must be done if a person is from one of the above listed countries to comply with the special registration requirement?

Answer: Registrants must register at the designated INS district office 30 days after they enter the United States and re-register annually. Of course, if they have not yet registered, they must go the INS district office before January 10, 2003. If a registered foreign national leaves the United States for either business or pleasure, he or she must notify the INS of all plans for departure, and depart through one of eighteen pre-approved airports or one of fifty approved land or seaports. This means that they cannot simply leave the U.S. without notifying the INS. Failure to notify the INS of a departure could render a foreign national inadmissible upon return to the United States. These people will be fingerprinted, questioned and photographed.

 They must re-register within 10 days of each anniversary. A willful failure to comply with these requirements renders the person deportable from the United States.

Question: When do all these provisions go into effect and does it take some rights away from these people?

Answer: Immediately. As we can see, the U.S. government is becoming more of a ‘big brother’ type government. As with anyone, I would do anything to prevent another terrorist attack. However, I do believe that some constitutional rights are going to be infringed on these people whom have nothing to do with terrorism. The scary part is when these registration requirements spill over onto the general population. We must fight for our constitutional rights and be careful of a government that takes liberties and rights away in the name of national security.

Have $1,000,000 for a Green Card?

Question: I am a wealthy businessman and would like to find some expedited way to get into the U.S. Can you let me know if there are other alternatives to the lengthy several year Labor Certification process?

Answer: The Immigrant Investor Pilot Program (“Pilot Program”) was created on October 6, 1992. This is a variation of a program known as the EB-5 Investor Program. The Pilot Program began in accordance with a Congressional mandate aimed at stimulating economic activity and creating jobs for U.S. workers, while simultaneously affording eligible aliens the opportunity to become lawful permanent residents. Through this innovative program, foreign investors are encouraged to invest funds in an economic unit known as a “Regional Center.” A Regional Center is defined as any economic unit, public or private, engaged in the promotion of economic growth, improved regional productivity, job creation and increased domestic capital investment. Presently up to 3000 immigrant visas are set aside each year for the Pilot Program. As of June 1, 2004, a total of 26 Regional Centers have been designated by the legacy Immigration and Naturalization Service (INS) and today, the U.S. Citizenship and Immigrations Services (USCIS).

Question: What must I do to get an approval for a Regional Center?

Answer: The basic requirements for Regional Center designation are 1) Applicants must show how their proposed program will focus on a geographic region; promote economic growth through increased export sales, if applicable; promote improved regional productivity; create a minimum of 10 direct or indirect jobs per investor; increase domestic capital investment; be promoted and publicized to prospective investors; have a positive impact on the regional or national economy through increased household earnings; and generate a greater demand for business services, utilities maintenance and repair, and construction jobs both in and around the center.

Question: How much must I invest?

Answer: The capital investment requirement for any EB-5 investor, inside or outside of a Regional Center is $1 million. The capital investment requirement for an EB-5 investor in a Targeted Employment Area (TEA) or a Rural Area (RA) is $500,000. A TEA is a geographic area or political subdivision located within a metropolitan statistical area or within a city or town with a population in excess of 20,000 with an unemployment level at least 150% of the national unemployment rate. A RA is a geographical area that is outside a metropolitan statistical area, or part of the outer boundary of any city or town having a population of 20,000 or less as shown by population indicators. In certain areas involving a sparsely populated state, an approved statewide Regional Center likely encompasses both TEAs and RAs.

Thus, if you can establish the business in a TEA or RA, you will be able to save $500,000 of the investment. If approved, you will get a conditional Green Card which will allow you be a Lawful Permanent Resident. Then within two years you must file a petition to remove the conditional residency. The USCIS wants to make certain that you simply did not put down $1,000,000 and then not actually follow through with your business. However, this is certainly a much faster way of obtaining the Green Card if you qualify.