Special Registration and Other Restrictions on Foreign Nationals in the United States Based on Country of Birth

The chart below summarizes special registration requirements imposed upon nationals of specific countries upon their entrance into, and stay in the United States. Additionally, the chart illustrates whether nationals of certain countries are eligible for visa revalidation through contiguous countries of the United States, and which nationals are subject to a Visa Condor security name check at visa issuance.

Dual citizens may be subject to these requirements based on either citizenship country. We suggest you contact us to discuss your obligation to report for registration. Similarly, persons who are citizens of one country but who were born in another country may be subject to requirements imposed on nationals of either country.

Foreign nationals born in countries not listed below may also be subject to special registration and/or security checks, for reasons including, but not limited to, travel habits, the latest terrorist warnings, and demeanor at point of inspection.

The State Department requires all males between 16 and 45 years old who are applying for U.S. visas to complete form DS-157. Consular officers also have discretion to require other visa applicants to submit a completed DS-157 form. The State Department uses the information from DS-157 to conduct a Visa Condor name check on certain individuals based on classified criteria. The purpose of a Visa Condor security check is to identify individuals whose visa applications should be refused.

The information in this chart is subject to rapid change. Key terms are explained below the chart.

Subject to Special Registration at Entry means affected foreign nationals who seek admission as nonimmigrants will be subject to fingerprinting, photographing, and interrogation under oath before entering into the United States. Additionally, subjected foreign nationals are required to fulfill additional requirements while in the United States. For more details on special registration visit: http://www.ins.usdoj.gov/graphics/lawenfor/specialreg/index.htm or http://www.twmlaw.com/new/specialreg.html.

Subject to Call-in Special Registration (already in United States) means affected foreign nationals who were admitted into the United States as nonimmigrants must report to an CIS office before the date specified if:

1. The foreign national was admitted into the United States on or before September 10, 2002 and is from Iran, Iraq, Syria, Libya or Sudan.
2. The foreign national was admitted into the United States on or before September 30, 2002 and is from one of the other nations subject to Special Registration.
3. The foreign national will still be in the United States on the last date to report.

Foreign nationals subject to call-in special registration will be fingerprinted, photographed and interrogated under oath. For more details on special registration visit: http://www.ins.usdoj.gov/graphics/lawenfor/specialreg/index.htm.

Can reenter the United States from Canada without new visa (automatic revalidation) means foreign nationals who may return to the United States from Canada (or Mexico) on an expired visa that is accompanied by a change of status or extension of status approval notice valid for a

continuing period of time. Automatic revalidation is not possible for a foreign national of any country who has been refused issuance of a new visa after departing the United States.

Subject to Visa Condor Name Check (via Form DS - 157) means affected foreign nationals are subject to a security name check when attempting to obtain a visa at a U.S. consulate abroad. The Condor security name check is an extensive security check that may cause prolonged delays in visa processing.

If you would like further information about specific case scenarios or situations, please call our office or email us at ckuck@immigration.net to speak to one of experienced immigration attorneys.