Anyone with NSEERS problems?

E

emekay

Registered Users (C)
Hi

I got my EB1-EA approved. MY I-148 is pending. Still on H1B. I got the work permit approved thogh. BUT I got a RFE for my advanced parole (I-131) for registration with the NSEERS. I am from one of those countries. Any advice there? I do not even know if I registered. I have been coming in and out of the US with no problem at least twice a year for the past six years.

Thanks
 
In order to determine if you were registered:

1- When you landed in the US, were you asked to go to another back room in order to stamp your passport?

2- More importantly, look at your I-94 card and/or your visa in your passport. Is there a "FIN#" written by an immigration inspector (followed by a 6-7 digit number)?

If you have been coming and going out of the US, and you don't know if you are registered, you probably are not. This is because if you had been registered, you would have to report to a special immigration room at the airport with your boarding pass prior to getting on the plane to leave the US, and if you didn't, you would normally be denied entry for not complying with the "exit interview" requirement.

During 2002-2003, there were requirements for "walk in registration", any male from certain countries was required to report. If you were from one of the countries, and you didn't go, you supposedly should be in a lot of trouble right now. But if you've been coming and going with no problem, either you are 1- not from one of those countries, 2- have been overlooked by immigration officials for not reporting to the walk-in special registration and will now have to suffer the consequences, 3- you held either an A or G type visa (which are exempt from NSEERS) during 2002-2003, or you did not stay in the US for over 30 days at any time since NSEERS was introduced until the 'walk-in' part was suspended in late 2003.

I hope this helps. Post if you have any further questions.
 
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scary

:cool: that sounds scary. i was just on an h1b. but realistically what should be my next move assuming i didn't register? get a lawyer and then go try to register?

also i remember going for the walk in thing and i was simply turned back. i was told i wasn't flagged for registration. the whole thing was so chaotic if there were any mistakes there, they were certainly not mine.

what's important now is to try and fix this in case i am indeed not registered. That’s what I need to find out.
 
You were turned back? I must ask you again: Are you sure you are an actual "citizen" or "national" of one of the countries that were on the list?

Afghanistan, Algeria, Bahrain, Bangladesh, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait Lebanon, Libya, Morocco, North Korea, Oman, Pakistan, Saudi Arabia, Sudan, Syria, Qatar, Somalia, Tunisia, United Arab Emirates, Yemen. (Palestinians who are not considered "citizens" or "nationals" of the countries above were not required to register according to the American-Arab Anti Discrimination Committee.)

As for what to do: Perhaps you should take to a lawyer, or contact the folks at ADC.org. If you truly are a "citizen" or "national" of one of the countries above, you may consider doing a signed affidavit where you state that you were turned back from walk-in registration at wherever you went to register, and you have never been asked to register at a point of entry. But obtain legal advice as well.
 
yesm, turned back

the whole thing was so chaotic and yes indeed they did turn me back. i go to high security, national security facilities here in the us. with zero problems. that may have been the reason for them not flagging me for registration.

my guess is that i should let the rfe expire ad hope that my i-485 will be approved independent of the i-131 rfe. i can also follow your advice and write an an affidavit.

thanks so much.
 
REF for NSEERS

I just got an REF for NSEERS. I have never heard of any registration taking place a few years ago. I filled AOS based on my marriage to a US citizen. Anyone knows how i should proceed?
 
Registration with NSEERS was mandatory for certain nationals living in the U.S from Muslim countries before 2003. All due to 9/11/2001. I had the same problem I am from Bangladesh. My lawyer sent a letter to USCIS informing them that I was willing to register at this time. Your lawyer or you need to research the memo called the binder law or something like that I could get you more info later if you really want. I can't remember what it exactly it said. I have it on file at home. Once my lawyer sent them the letter along with the reference to the Binder memo I was called for my GC interview where the immigration officer informed me that because I did not register with NSEERS she would have to set up a interview date with the deportation department for me to come back and do the registration or else she would have approved my case right then. I received the registration interview date with NSEERS department like after one year. Once I did the registration like in 3 months I received a letter in the mail from USCIS, which had my GC and welcome info. Once you do the registration the NSEERS officer (ICE) will write your registration number and date on your passport. The officer will ask you a series of questions as to how you came to the US and why you did not register and also what you do now. You are not required to take anyone with you to the interview for registration because they don't even allow the lawyer to enter the room where they conduct the interview. The room is basically called something like the deportation room. But you have nothing to worry about they will not deport you because you are married to a U.S citizen and you did not do any crime and you are not illegal. If they do call you for registration take all you documents and only you should go. Be honest with them don't be nervous. One thing for sure it will take a lot of time for you to get the GC. I applied on September 2003 and got my GC on March 2007 where normally it should had taken one year just because I did not do the NSEERS registration. GOOD Luck.
 
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maurice0101 said:
I just got an REF for NSEERS. I have never heard of any registration taking place a few years ago. I filled AOS based on my marriage to a US citizen. Anyone knows how i should proceed?
Click to expand...

Could you please specify exactly what they asked for? Do they accuse you of not registering or do they simply ask whether or not you registered?
 
they don't accuse you for not registering. All you need to do is be honest. They asked me what airlines i took when i came to the U.S. the first time. the date i came to the U.S. Which airport. how many times have i entered the US and exited the US. Which other countries have i traveled too. Which colleges i attended. how much money i brought into the county. Why i did not register (My excuse was i was informed that i did not need to register by family members and friends). In other words I was misinformed). When did i get married. I can only think of these questions for now.
 
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GoodDude said:
They asked me what airlines i took when i came to the U.S. the first time. the date i came to the U.S. Which airport. how many times have i entered the US and exited the US. Which other countries have i traveled too. Which colleges i attended. how much money i brought into the county.
Click to expand...

Right, I'm aware of what happens at the NSEERS registration itself, but I'm interested in knowing the contents of the RFE the person above just got. Does the RFE just want proof of registration? Or an explanation of why the person didn't register? etc etc....

Many I-485 have been denied because the person was supposed to register for NSEERS but did not.
 
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Case law or regs regarding eligibility for AOS after failing to register as NSEERS?

Hello Everyone,

I have been told there is case law (and/or regulations?) that states that judges should approve I-485 (Adjustment of Status Application) although the applicant failed to register as an NSEERS. Applicant didn't know he was suposed to register. USCIS denied his I-485 --without even interviewing him.

We are pressing the local ICE office for a Notice to Appear in court (NTA) because we believer re-filing a new I-485 would be pointless. What do you folks think?

Do you have any case law and or regs you could share with us?

We are in California (9th Cir Appeal Court JX).

Thank you.
 
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