Haynes and Boone, LLP
  September 30, 2002 - Dallas, Texas

IMMIGRATION ALERT: Recent News from DOS, DOJ, and INS
  by Cindy Kang

Department of State: * DOS issued a Worldwide Caution on September 9, 2002 advising of the continuing threat of terrorist actions, which may target civilians and include suicide operations. DOS also indicates terrorist groups may seek softer targets including foreign facilities where American citizens are generally known to congregate or visit, such as clubs, restaurants, places of worship, schools or outdoor recreation events. * DOS indicates that improved interagency and automated procedures have sped up the “Visa Condor” program wherein certain visa applicants are subject to additional background and security checks. DOS expects future “Visa Condor” security reviews to take less than a month from the time of visa application. Department of Justice/Immigration and Naturalization Service: * You can now access the status of a case pending with any of the INS Service Centers on-line. To access the service, type in the INS receipt number located in the upper left-hand corner of Form I-797 at the following link to receive a message regarding the status: https://egov.ins.usdoj.gov/graphics/cris/jsps/caseStat.jsp. * INS is undergoing its annual audit for the third consecutive year. General file movement at INS offices is restricted from September 23, 2002 until completion of the audit. Although audit procedures vary by INS office, the California Service Center does not expect processing delays and anticipates the audit to be completed by October 4, 2002. * INS National Security Entry-Exit Registration System (NSEERS) was initiated at selected ports of entry on September 11, 2002. Under NSEERS, the fingerprints of a small percentage of higher-risk foreign visitors to the U.S. (selected according to intelligence criteria) are matched against a database of known terrorists and criminals. All ports of entry will have the new system in place on October 1, 2002. * INS internal memoranda indicates expansion of the National Security Entry-Exit Registration System (NSEERS). INS officers will apparently employ the following four methods to identify foreign nationals required to participate in the special registration program: (1) foreign nationals age 14 and over of designated countries (currently Iran, Iraq, Sudan, Libya, and Syria); (2) notification through the Interagency Border Inspection System; (3) criteria established by the Attorney General such as an individual’s unexplained travel, previous overstay of visa, identification by law enforcement, characteristics established by current intelligence updates, and the individual’s behavior or demeanor indicating further monitoring is in the interest of national security; and (4) discretionary determination made by INS officers.


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