NSEERS, and RFE Received

A

AliMahmood

Registered Users (C)
Hi

I have received an RFE from INS that they need a copy of my I-94 (front and back) with NSEERS registration and Fingerprint Identification Number. My citizenship is Pakistan. My last two entries in US was on Advance Parole, and I was not asked by Immigration officer at airport for any kind of registeration.

My cousin who was returning to US after vacation from Pakistan was asked for special reg, as he was on F status. (we both came back in Jan 2004).

As per ice (www.ice.gov/graphics/enforce/imm/imm_sr.htm) website, this rule was suspended as of December 02, 2003.

What should be the response to RFE in this case?
Should I go ahead and get the NSEERS from police station, and send it back to US CIS, even though it looks like it is not required (Any comments?)

Will I be able to get my NSEERS from police station?

Thank you for the help
 
i received the same RFE last year (see my signature). I dont know the detail of your case, however at some point citizens of certain contries were sunjected to special registration. and you are right, they suspended the program not too long after they started it, however they still want to assure themselves that applicants complied with it at the time it was effective.

i am sure i wasnt able to answer your question and i didnt intend to do so. but i strongly encourage you to consult the case with your lawyer and seek legal advice.

good luck
 
i am also from pakistan, and i had received the same RFE just before my approval. special registration under NSEERS, when it was in force, had the following two aspects:

1. all citizens and/or nationals (aside: there is a difference between the two) of countries subject to NSEERS who were entering the u.s. on any kind of a visa, with the exception of immigration visas and advance paroles, were registered at the port of entry.

2. all citizens and/or nationals of countries subject to NSEERS, who had already entered the u.s. under any category with the exceptions referred to above, had to report at a local INS/BCIS office to register themselves.

persons registered thus were required to renew their registration at around each anniversary of their initial registration. this never came about for anyone, as the NSEERS program was discontinued even before one year was up.

the important point to note is that, even though the NSEERS law in not in force now, this fact does not excuse non-compliance during the period it was in force for anyone subject to that law.

in other words, if you were physically present in the u.s. during the time NSEERS was in force, you should have registered, and accordingly, your I-94 will have the NSEERS annotation including your FIN. a subsequent entry on AP would simply have exempted you from any further NSEERS requirements.

if you were not present in the u.s. during the time NSEERS was in force (you may have been present earlier and left before it came into force), and your first entry was either after NSEERS was abolished, or you entered on AP at any time, then you are exempt from NSEERS.

if you fall in the latter category, then simply state this fact in your response to the RFE, and include a copy of your I-94 with AP entry annotation.

i would recommend that you get the help of a competent immigration attorney. it is not worth taking a chance with your future.
 
My last two entries in US (Mar 2003 and Jan 2004) were on Advance Parole. I spoke to my attorney, and he will be responding to the RFE with copies of AP.

Thanks for the help
 
h1B visaholder and sp registration departure failure

I am a H1B visaholder and timely called in Special registrant. On april this yr I left atlanta with my my wife but forgot to report my departure to the special registration. When i came back the US on May I was sent back from the airport because I did not report my departure and the POE officers told me that I would have to get a new visa from the Embassy in my country. I submitted my passport and had the interview with the consular on June. The consul told me that he did not see any groung for not to issume me me the visa but he could not issue the visa right away because he would need a security clearance from the dept of state. He said they would call/email me when they get the security clearance. He also signed and gave me a letter which says "your interview for the visa was successfull; however, you need a security clearance which takes 2 wks to 2 months.....etc?" So my wife and I are waiting now. My current H1B expires on August 1 but I already got my extension approved which is for another 3 years. Can anyone please help me understand my situation at this moment. I, specifically, have the following questions:
1. please share if anyone has the same experience.
2. Am I getting the visa? My company will wait as long as it takes.
3.My security clearance should come ok (I have a spotless time in the US, never done anything wrong, never been out of status, and I got both of MBA and BBA from USA and work in an important position for a good company?) This is my first ever any kind on Immigration related mistake and it was because of a misunderstanding between my H1B attorney and myself. I have a letter from them stating the miscommunication.
4. My H1B extension was approved after the incident. Is it valid?
5. what happens after the security clearance comes? So I need to attend another visa interview? What about my wife? Her H4 visa was automatically cancelled with mine, I guess even though she did not fly back to US with me on May. She is still here with me
I WOULD REALLY APPRECIATE ALL COMMENTS AND SUGGESTION EVEN THOUGH I AM JUST WAITING NOW.
 
i dont know anyone with the sort of issues as yours, all i know is the consular clearance check is routine for almost eveybody. you will get your new visa label sooner or later, so i wouldn't worry about it. enjoy your mandatory vacation and dont worry about it.
 
consular clearance check

How long does it usually take? Do they do the consular clearance check only for people that are otherwise ok for a visa? Or do I need to attend another visa interview after the clearance comes? Thanks a lot for the reply.
 
I spoke to my attorney regarding my issue. Since my entries in US were on Advance parole, I was not required to register with INS. Attorney told me that he has seen similar cases before, and this should not be problem once we submit the copies of AP with RFE response.

The RFE that I have received also states that if you were not required for NSEERS, pls provide supporting documents.

Thanks for your help.
 
NSEERs related RFEs are common. If you do get it and have complied with NSEERs simply photocopying the back and front side of your I-94 along with a letter summarizing that you appeared for special registration will be sufficient.

I’d like to add one more item. If you did appear for NSEERs or were exempt from it due to say advanced parole, always mention it when getting and RFE. Last year I received an RFE for employment verification. My attorney was worthless, so I drafted an employment letter myself and asked her to also include proof of Special Registration (I included a photocopy of my I-94). She forgot to send the NSEERs proof and stated it shouldn’t matter. Sure enough a couple of months later I received another RFE for NSEERs compliance. It ended up delaying my approval by ~ 4 months. This additional information is IMO the one exception I suggest to the “never volunteer any information.”

Incidentally, NSEERs was recognized for the worthless program it was even by Ashcroft. The only catch they had were a few people who overstayed their visas. The cost and slowdown to I-485 ajudications was not worth the effort. Nevertheless it looks as if RFEs are still being generated.

Rgds,
sadiq
 
Shouldn't USCIS have all the info. gathered during the NSEERS registration in their systems. Wasn't this the whole purpose of the program to gather up all the details from certain individuals. Why then would they be issuing RFEs on NSEERS complaince when they owned the whole program and now the database? Seems so weird, I would've thought they should be able to go into their systems and check instead of issuing REFs.
 
Abidb, you are absolutely right. We all wish USCIS people had some brains, or if they do have these, they used it. But alas, there's something really wrong with the system.

When we file I-765, we need to include photocopies of I-140, I-485 etc, yet they already have those applications in their system, so why can't they just look them up by A number. And whats the purpose of a second FP? Maybe they think that fingerprints change over time.
 
kjkool,

I think the reason they cannot get it based on A# is that the cases are organized based on order of arrival and not A#. I am not sure though. BTW, I can see a security reason as well, when the process ends, they "marry" the files and cross reference A#'s, etc hence they would need the documentation all over again. I don't envy the persons working in this big warehouse filing the same documents over and over (and some times even more) again.....

best,
 
Your security clearance will come

AtlantaBraves, don't worry ... you will get your visa soon. I don't understand why the officer at the POE didn't let you enter just because of the NSEERS mistake ... and even then your visa should still be valid [just as the embassy stated].

Anways, waiting for security check has become has very common these days [almost mandatory for special registration countries]. It takes about 2 months in most cases ... so enjoy your vacation while it lasts. You won't need a new visa interview afterwards. Once the clearance comes, the US consulate will inform you and you'll just have to go there and get the new stamp.

If your job is not at stake as you say, you really shouldn't worry about it ... as long as someone is taking care of your bills etc in US. You'll be again registered at the POE into NSEERS I guess.
 
Abidb, kjkool ... you guys are absolutely right

USCIS should just be able to retrieve anybody's NSEERS compliance from the ICE database ... cause they themselves maintain it. But so is true for many such other information ... only USCIS [and maybe God] knows how and why they operate this way!

NSEERS had absolutely no value other than harrassment of citizens of muslim countries [the inclusion of N Korea in that list was quite a fit!]. Moreover, now that they themselves have abolished most requirements of it ... I wonder why they are still enforcing ex-NSEERS compliance still. That is so unfair.

They should have merged NSEERS into US-VISIT if at all they have to still maintain it. Technologically, there should not be any problem ... I am really confused about USCIS procedures. They keep on wasting time and money.
 
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Question

Now a question regarding my case. I am waiting for my 485 [RD 05/03]. I did send the then I-94 with FIN information in it when I applied ... however, since I have re-entered US twice and thus have new I-94 with NSEERS stamps. Should I send my updated I-94 ... just to show that I am still complying? Would they issue an RFE regardless? Your reply would be appreciated.
 
NSEERS question

Hi,

I thought NSEERS was cancelled. I am on H1-B. I registered in April of 2003 in the INS local office.

Do I need to re-register?

If I leave, what do I need to do when
1- I leave
2- I come back

Any help is appreciated.
 
Special Registration has been abandoned, however when it comes to approving a case USCIS has been requesting information to ensure the applicant complied with the law at that time.

good luck
 
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