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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

[Federal Register: February 19, 2003 (Volume 68, Number 33)]
[Notices]               
[Page 8046-8047]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19fe03-121]                         


=======================================================================
-----------------------------------------------------------------------


DEPARTMENT OF JUSTICE


Immigration and Naturalization Service


[AG Order No. 2658-2003]


 
Registration of Certain Nonimmigrant Aliens From Designated 
Countries


AGENCY: Immigration and Naturalization Service, Justice.


ACTION: Notice.


-----------------------------------------------------------------------


SUMMARY: This Notice amends two previous Notices that require certain 
nonimmigrant aliens to appear before, register with, and provide 
requested information to the Immigration and Naturalization Service. 
This Notice changes the dates on which the registration periods close, 
thus permitting the affected nonimmigrant aliens more time to register. 
The Notice permits nonimmigrant aliens of Pakistan or Saudi Arabia who 
are required to register under the Notice published on December 18, 
2002, at 67 FR 77642, to timely register on or before March 21, 2003. 
The Notice permits nonimmigrant aliens of Bangladesh, Egypt, Indonesia, 
Jordan, or Kuwait who are required to register under the Notice 
published on January 16, 2003, at 68 FR 2363, to timely register on or 
before April 25, 2003. This Notice makes no other changes to the 
registration requirements.


EFFECTIVE DATES: This Notice is effective on February 19, 2003.


FOR FURTHER INFORMATION CONTACT: Dan Brown, Office of the General 
Counsel, Immigration and Naturalization Service, 425 I Street, NW., 
Room 6100, Washington, DC 20536, telephone: (202) 514-2895.


SUPPLEMENTARY INFORMATION: Section 265(b) of the Immigration and 
Nationality Act (``Act''), as amended, 8 U.S.C. 1305(b), provides that


[t]he Attorney General may in his discretion, upon ten days notice, 
require the natives of any one or more foreign states, or any class 
or group thereof, who are within the United States and who are 
required to be registered under this subchapter, to notify the 
Attorney General of their current addresses and furnish such 
additional information as the Attorney General may require.


    Additionally, section 263(a) of the Act, 8 U.S.C. 1303(a), provides 
that the Attorney General may ``prescribe special regulations and forms 
for the registration and fingerprinting of * * * aliens of any other 
class not lawfully admitted to the United States for permanent 
residence.''
    The Attorney General has previously exercised his authority under 
these and other provisions of the Act to establish special registration 
procedures under 8 CFR 264.1(f). See 67 FR 52584 (Aug. 12, 2002). These 
requirements are known as the National Security Entry--Exit 
Registration System (``NSEERS''). In accordance with the authority set 
forth in 8 CFR 264.1(f)(4), the Attorney General has determined that 
certain nonimmigrant aliens specified in previously published Notices 
shall be registered and required to provide specific information. See 
67 FR 67766 (Nov. 6, 2002); 67 FR 70526 (Nov. 22, 2002); 67 FR 77642 
(Dec. 18, 2002); 68 FR 2363 (Jan. 16, 2003). The Attorney General has 
the sole discretion to make this determination.
    Under this Notice, the Attorney General grants the nonimmigrant 
aliens required to register under two of these Notices additional time 
to register. This Notice has the effect of changing the closing date 
for registration under the Notice published on December 18, 2002, at 67 
FR 77642, from February 21, 2003, to March 21, 2003. Thus, covered 
nonimmigrant aliens from Pakistan or Saudi Arabia are being permitted 
an additional month to register. This Notice also has the effect of 
changing the closing date for registration under the Notice published 
on January 16, 2003, at 68 FR 2363, from March 28, 2003, to April 25, 
2003. Thus, covered nonimmigrant aliens from Bangladesh, Egypt, 
Indonesia, Jordan, or Kuwait are being given almost an additional month 
to register. The Attorney General has determined that such additional 
time to register is in the best interests of the United States and has 
extended this time to register solely as a matter of discretion.
    A willful failure to comply with the notices setting forth the 
special registration requirements constitutes a failure to maintain 
nonimmigrant status


[[Page 8047]]


under section 237(a)(1)(C)(i) of the Act, 8 U.S.C. 1227(a)(1)(C)(i). 
See 8 CFR 214.1(f). Pursuant to section 237(a)(3)(A) of the Act, 8 
U.S.C. 1227(a)(3)(A), an alien who fails to comply with the notices is 
deportable, unless the alien establishes to the satisfaction of the 
Attorney General that such failure was reasonably excusable or was not 
willful. Finally, if an alien subject to the notices fails, without 
good cause, to comply with the requirement in 8 CFR 264.1(f)(8) that 
the alien must report to an inspecting officer of the Service when 
departing the United States, the alien shall thereafter be presumed to 
be inadmissible under, but not limited to, section 212(a)(3)(A)(ii) of 
the Act, 8 U.S.C. 1182(a)(3)(A)(ii). See 8 CFR 264.1(f)(8).


Notice of Requirements for Registration of Certain Nonimmigrant Aliens 
From Designated Countries


    Pursuant to sections 261 through 266 of the Immigration and 
Nationality Act (``Act''), as amended, 8 U.S.C. 1302 through 1306, and 
particularly sections 263(a) and 265(b) of the Act, 8 U.S.C. 1303(a) 
and 8 U.S.C. 1305(b), and 8 CFR 264.1(f), I hereby order as follows:
    (a) Notwithstanding the terms of the Notice published on December 
18, 2002, at 67 FR 77642, nonimmigrant aliens included in that Notice 
may timely register on or before March 21, 2003.
    (b) Notwithstanding the terms of the Notice published on January 
16, 2003, at 68 FR 2363, nonimmigrant aliens included in that Notice 
may timely register on or before April 25, 2003.


    Dated: February 13, 2003.
John Ashcroft,
Attorney General.
[FR Doc. 03-3960 Filed 2-18-03; 8:45 am]
BILLING CODE 4410-10-P





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