I sponsored my parent who is residing in the US. We have gotten a RFE to show NSEERS. What are acceptable reasons for not having registered? What is the sequence of events if we respond to the RFE? Someone told me that they can either deny the case or ask for the person to register. Does anyone have any info?
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I-130 for Parent and NSEERS?
- Thread starter Hamzer11
- Start date
I think the key thing is you need to be able to prove the failure to register was not willful. The description of "special registration" on the ICE website doesn't sound too hopeful for someone who isn't registered when they are supposed to be. Specifically:
Found this rather interesting discussion of a similar situation over on ILW. Maybe that will help? Sounds like you definitely need a lawyer involved though.
Nonimmigrant visitors who do not comply with special registration requirements or other terms of their admission to the United States during their stay will be considered out of status and may be subject to arrest, detention, fines and/or removal from the country. Any future application for an immigration benefit may also be impacted. Decisions in these instances will be made based on an individual basis and are dependent on the circumstances of each case. Certain alien crewmen, described at section 101(a)(15)(D) of the Act, who are subject to special registration, are exempted from the departure control requirements of 8 CFR section 264.1(f) (8).
Found this rather interesting discussion of a similar situation over on ILW. Maybe that will help? Sounds like you definitely need a lawyer involved though.
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Thank you for the link. It was extremely helpful. A lawyer is already involved but I always like to know some things so I can be sure the lawyer is on track. No offense to the good lawyers but often lawyers seem to be clueless unless they have specifically dealt with the situation before.