ICE Interview for I-140

StonedAnt

Registered Users (C)
Hello Everybody,

I am now involved in what I consider to be a strange situation. Before I go about explaining my problem, here is a bit of background, I do not remember the exact dates:

Labor: RIR Nov 2002, EB3 world.
Labor: Approved sometime earlier this year, i.e., 2006
I-140: Applied late Oct, 2006, non-PP, Texas.

They issued an RFE for my I-140 asking to provide evidence that I had satisfied the 30- day special registration rule that is part of NSEERS. This is applicable to people mostly belonging to the Muslim countries.

Okay, some more background info: A few years back, I had gone abroad on a visit and entered back into the US without any issues. I was however required to register at the port of entry. As a follow-up, I was required to register at my local INS office if I intended to stay longer than 30 days. This is where the confusion started as I called the USCIS 1-800 number and was told twice that this is not necessary. As a precaution, I went to my local immigration office anyway and they mentioned that it was mandatory for me to re-register on or around 30 days. I re-registered on the 27th day. A year or so later, an RFE was issued when renewing my H1B that they had no evidence of my second registration. I called up my local immigration office and upon inquiring, they said I definitely registered and all the Service Center needed to do was enter my FIN # that was assigned the first time into the computer and all information was there. My attorney had me sign an affidavit that I did register the second time for special registration and sent it as evidence. I received an approval. Few years later, my 7th year extension of H1B went without issues.

When we received the similar RFE on the I-140, the attorney prepared a similar affidavit and enclosed documents from the H1B renewal as further evidence that I had satisfied all requirements. Few days ago, my attorney received an Intent to Deny notice that they were not satisfied with the evidence and that I should attend an interview at the local “Immigration and Customs Enforcement” (ICE) office where it would be determined what happened. The attorney wants to talk about this after the new year. Also, a lot has changed so when I tried to call my local immigration office, they do not know what I am talking about and I cannot find a number for ICE.

My question is, has anyone gone through anything similar or attended an interview at their local ICE office for any reason? If yes, any pointers would be greatly appreciated. As you can imagine, I have been completely restless about this and can’t stop myself from thinking about the worst that could happen in case they determine that I did not register, even though I did.

Thanks,

Stoned!
 
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Have you left the country and entered since the second registration you mentioned? When was this - ICE issued a rule saying that a second registration and the annual registration were no longer required. I think this was sometime in 2004, but not sure.

Is there a stamp in your passport that indicates the second registration?

It's infuriating how they don't keep track of things like these and then put the burden of evidence on you to prove that you complied with their rules when they are the ones who have the system to record all arrivals and departures.
 
Hello Here

Yes, the 30 day and annual registration rule were taken out later onwards, though I would still be required to register anytime I would exit and enter the US. I also read somewhere that besides complying with NSEERS, I should also ask for US-VISIT as up till last year many airports within US were trying this new system out. I heard eventually all travellers would be required to participate in the US-VISIT program, not sure where it stands right now.


I have not left the country since that last visit. And unfortunately they did not stamp anything in my passport, I-94 card or anything else that would signify my appearance for second registration which is what makes this so frustrating. Of course, at the time when all this was happening, it was a state of chaos between the agents and the people getting registered since the law was still unclear and I for one just wanted to make sure that I was doing everything correctly and of course made the big mistake of not noting down the agent's name/ID and asking them for evidence of appearance.


Stoned!
 
StonedAnt said:
Yes, the 30 day and annual registration rule were taken out later onwards, though I would still be required to register anytime I would exit and enter the US. I also read somewhere that besides complying with NSEERS, I should also ask for US-VISIT as up till last year many airports within US were trying this new system out. I heard eventually all travellers would be required to participate in the US-VISIT program, not sure where it stands right now.


I have not left the country since that last visit. And unfortunately they did not stamp anything in my passport, I-94 card or anything else that would signify my appearance for second registration which is what makes this so frustrating. Of course, at the time when all this was happening, it was a state of chaos between the agents and the people getting registered since the law was still unclear and I for one just wanted to make sure that I was doing everything correctly and of course made the big mistake of not noting down the agent's name/ID and asking them for evidence of appearance.


Stoned!


Unfortunately (or fortunately) I have not had to deal with an interview regarding this issue, so I'm not sure how you should go about handling your situation. Hopefully, your lawyer will have some good answers. My hope would be that since they have already approved your H-1B twice despite this issue, it should not be a concern once you explain. It's probably just some idiot case manager with a thing up his/her... The whole NSEERS thing was really a mess, the way it was and has been handled.
 
Hello

StonedAnt

I am in kinda the same situation as you are. I am in India citizen and born in bahrain. The I140 RFE asked was if I did the NSEERS FINS registration which I did however did not do the 30 day regsitration after entering the country thereafter.

How are you handling this situation?

Thanks
 
Hello shriyaz,

I had gone for the interview at the local ICE office where in a nutshell they told me that I had already complied with all the requirements and most likely the officer handling my I-140 case was being extra cautious (if you know what I mean). After much digging around, they just decided to re-register me again.

The head officer was kind enough to provide a written letter with his business card explaining my re-registration and also informed that he would be personally sending an email to the Texas office mentioning the same. Just to be safe, I had taken all my previous documents, that is, all previous H1s, taxes, any letters from the company etc. I had a little suitcase with me carrying all these documents that caught much attention..... :) Anyhow, after the interview, the attorney sent all the documentation to the immigration who approved my I-140 application. Now it is just a waiting game for me till my PD becomes current.

One other thing was my attorney accompanied me to this interview which I think helped a lot, so I would recommend that to you too. At the end of the day, I believe I lucked out by having cooperative ICE officers who seemed to understand and somewhat sympathize with my situation and anxiety.

Hope all goes well with you too, Good Luck.


Stoned!
 
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