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SPECIAL REGISTRATION


Changes to National Security Entry/Exit Registration System (NSEERS): Department of Homeland Security Fact Sheet
02 December 2003

The Department of Homeland Security has decided to suspend the National Security Entry/Exit Registration System (NSEERS) re-registration requirement that mandated aliens to re-register after 30-days and one year of continuous presence in the United States. The new process is outlined in the interim rule published in the Federal Register.

NSEERS established a national registry for temporary foreign visitors (non-immigrant aliens) arriving from certain countries, or who meet a combination of intelligence-based criteria, and are identified as presenting an elevated national security concern. The program has collected detailed information about the background and purpose of an individual’s visit to the United States, the periodic verification of their location and activities, and departure confirmation.

NSEERS was the first step taken by the Department of Justice and then DHS in order to comply with the development of the Congressionally- mandated requirement for a comprehensive entry-exit program by 2005. The domestic registration program included citizens or nationals from Afghanistan, Algeria, Bahrain, Bangladesh, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Libya, Lebanon, Morocco, North Korea, Oman, Pakistan, Qatar, Somalia, Saudi Arabia, Sudan, Syria, Tunisia, United Arab Emirates, and Yemen. However, to date, individuals from more than 150 countries have been registered in the NSEERS program. Most of the foreign visitors registered are students, individuals in the U.S. on extended business travel, or individuals visiting family members for lengthy periods.

The requirement to register does not apply to U.S. citizens, lawful permanent residents (green card holders), refugees, asylum applicants, asylum grantees, and diplomats or others admitted under "A" or "G" visas.

At the time of initial registration, all individuals were given instructions that they had to re-register in one year, or after thirty days if initially registered at a port-of-entry. The numbers who were to re-register were expected to vary from last year because some individuals may have left the country; traveled outside and back into the country (changing their one-year anniversary date to the most recent entry registration date); or adjusted their status, eliminating the need for re-registration.

Previous Re-Registration Requirements:

All individuals registered under NSEERS were required to re-register after thirty days if initially registered at a port-of-entry, and annually if they are remaining in the United States past one year. This notice was given to individuals at the time of registration, either at a designated port of entry or a Bureau of Citizenship and Immigration Services office.

The annual anniversary date for re-registration is based on the last time that an individual registered. The annual interview requirements of those individuals subject to the first call-in registration, which began on November 15, 2002, began November 5, 2003. The annual interviews of those individuals who registered at a port of entry, beginning September 11, 2002, began on the one-year anniversary of their date of registration.

Individuals have a ten-day window in which to show up for their annual interview. In other words, they can report for their interview within ten days after their anniversary date. Those individuals required to report for their yearly interview were expected to return to the same office at which they registered last year. If they had moved, they would go to the nearest ICE or CIS office or sub-office.

The willful failure to do so is a criminal violation of the Immigration and Nationality Act, and the willful failure to register also would render an alien deportable.

The NSEERS program is a valuable first step towards a more comprehensive entry-exit system – US-VISIT. Congress mandated that a comprehensive entry-exit program be developed by 2005.

Changes Made By the New Rule:

There will no longer be a 30-day or one-year re-registration requirement, effective with the publishing of the new rule in the Federal Register.

In place of the previous requirement, the new rule will allow DHS, as a matter of discretion, to notify individual nonimmigrant aliens subject to NSEERS registration to appear for one or more additional continuing registration interviews in those particular cases where it may be necessary to determine whether the alien is complying with the conditions of his or her nonimmigrant visa status and admission.

The rule also provides that when an alien who is monitored under Student and Exchange Visitor Information System (SEVIS) notifies DHS of a change of address or change of educational institution through SEVIS, it also constitutes a notification for the purposes of NSEERS registration.

NSEERS Background:

On September 11, 2002, the U.S. began implementation of NSEERS at U.S. ports of entry. On November 5, 2002, the domestic call-in registration began. Congress required the Immigration and Naturalization Service (INS) to implement a comprehensive entry-exit program in 1996. That system must be in place by 2005. NSEERS is the first step in fulfilling that Congressional mandate.

NSEERS promotes several important national security objectives:

  1. NSEERS allows the United States to run the fingerprints of aliens who may present elevated national security concerns against a database of wanted criminals and known terrorists;
  2. NSEERS enables DHS to determine instantly when such an alien has overstayed his visa, which was the case with three of the 9/11 hijackers);
  3. NSEERS enables DHS to verify that an alien in the United States on a temporary visa is doing what he said he would be doing, and living where he said he would live.

The countries prioritized for special registration were selected because:

  1. All of these countries are places where Al-Qaeda or other terrorist organizations have been active, or where the United States has other national security concerns;
  2. This was not an exclusive list—all non-immigrant visitors from other countries eventually will be included as the US-VISIT program is implemented.

NSEERS General Information:

The majority of those required to register under NSEERS complied and fulfilled this requirement successfully. It is the individual’s responsibility to comply with US immigration law and maintain legal status while in the United States. There were a small number of individuals who temporarily were kept in detention while they were processed for immigration violations during the domestic enrollment portion of the program.

As of September 30, 2003, individuals from 150 countries have complied with the NSEERS registration requirements for a total of 290,526 registrations, which includes those registering both at Ports-of-Entry (POEs) and the former INS district offices nationwide.

The registrations performed are broken down in the following way: 207,007 registrations (93,741 individuals) at the POEs, and 83,519 individuals at the former INS offices.

NSEERS requirements applied only to certain non-immigrant aliens. These requirements do NOT include U.S. citizens, lawful permanent residents (green card holders), refugees, asylum applicants (who filed before November 22, 2002), asylum grantees, and diplomats or others admitted under A or G visas.

European countries have had similar registration systems in place for decades.

NSEERS Statistics Through September 30, 2003:

  • Total Number of Registrations: 290,526
  • Total Number of Individuals Registered: 177,260
  • Port-of-Entry Registration
  • Total Port of Entry Registration: 207,007
  • Number of Individuals: 93,741
  • Domestic Registration Total Domestic Registrations: 83,519
  • Referred to Investigation Notices to Appear Issued: 13,799
  • Total Number Detained: 2,870
  • Total Number In Custody: 23
  • Total Number of Criminals: 143

DHS Q&A on Changes to NSEERS
December 1, 2003

Q: What is being announced?
A: The Department of Homeland Security has suspended the 30-day and annual interview requirements from the special registration process for certain non-immigrants. An interim rule will be published in the Federal Register on December 2, 2003, which provides for a 60-day public comment period.
Back to top.

Q: Was this decision made as a result of recent public pressure?
A: No. DHS have been reviewing NSEERS information for the past few months to determine if NSEERS is being executed in the most productive and effective manner, or if it needs to be changed given that the Student and Exchange Visitor Information System (SEVIS), US-VISIT, and other databases are available now but were not available at the inception of NSEERS.
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Q: Why continue with any NSEERS activities--you haven't caught any terrorists and you have just upset thousands of people based on their race and religion?
A: We have caught suspected terrorists under NSEERS. While they may not be charged with terrorism grounds of inadmissibility or removability, that is not an indication of whether terrorists were caught. A non-immigrant visitor who overstays a visa, is present without inspection, commits a crime or fraud is just as removable under those grounds as terrorism grounds. NSEERS never was based on race nor religion. Non-immigrant visitors from 150 countries have complied with NSEERS requirements.
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Q: Will re-registration be discontinued?
A: In place of the previous requirement, the new rule will allow DHS, as a matter of discretion, to notify individual nonimmigrant visitors subject to NSEERS registration to appear for one or more additional continuing registration interviews in those particular cases where it may be necessary to determine whether the visitor is complying with the conditions of his or her nonimmigrant visa status and admission.
Back to top.

Q: Will anyone who needed to re-register be penalized if they did not do so?
A: Re-registering with DHS is a condition for maintaining legal non-immigrant status in the U.S.. Failing to re-register is a failure to comply with the terms of a non-immigrant admission, making a person removable.
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Q: Is it fair that some of the walk-in registrants have to re-register under the threat of breaking the law when others whose one year anniversary that falls later won't have to do so and are not threatened as a result?
A: Whenever a law or regulation is changed, it affects the activity required by people to be in compliance with the law; changing registration requirements is not unique in that regard. DHS will continue to have the ability to require visitors to check in periodically with the department and will need to use that tool on occasion so some visitors who are currently scheduled to re-register in April may still be asked to do so individually even after the new regulation eliminates the group re-registration requirement.
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Q: Why hasn't DHS publicized the need to re-register up till now?
A:
Individuals were provided information at the time of their initial registration and any subsequent registration, such as at a port-of-entry when returning from a trip out of the U.S., notifying them of the requirement to re-register. Back to top.

Q: What will replace NSEERS in the future?
A: SEVIS is now operating and US-VISIT will begin soon. These two programs take care of most of the NSEERS requirements. NSEERS was intended to be the first step towards a full entry-exit program.
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Q: With US-VISIT starting in January, we will be making our transition away from NSEERS, as intended. Is the announcement an acknowledgement that NSEERS was a failure?
A:
No. NSEERS registration and departure procedures have proven valuable. DHS will continue to record non-immigrant visitors’ entry to and exit from the U.S. in US-VISIT. With respect to having non-immigrant visitors register periodically while in the U.S., DHS will continue to have that ability for those non-immigrant visitors that warrant continued verification of compliance with the terms of their admission. Back to top.


Registration Deadline Extended for Group III and IV Countries

14 Feb 2003

The Department of Justice has extended the registration periods for certain temporary foreign visitors required to enroll under the National Security Entry Exit Registration System (NSEERS).

Temporary foreign visitors who are males sixteen years of age or older, are nationals or citizens of Pakistan or Saudi Arabia, and were present in the United States before October 1, 2002, are being permitted an additional four weeks to register until March 21, 2003. Back to top.

Temporary foreign visitors who are males sixteen years of age or older, are nationals or citizens of Bangladesh, Egypt, Indonesia, Jordan or Kuwait, and were present in the United States before October 1, 2002, are being permitted an additional four weeks to register. The registration period for this group will now be effective from February 24, 2003 until April 25, 2003.

Most individuals required to register are students, those present on extended business travel or visiting family members for a prolonged period. This requirement does not apply U.S. citizens, lawful permanent residents (green card holders), refugees, asylum applicants, asylum grantees, and diplomats or others admitted under "A" or "G" visas. Back to top.

Prosecutorial discretion will be considered if a registrant has a currently-filed request or application for a benefit, appears to be immediately and prima facie eligible for the benefit sought, and if no adverse or disqualifying information is developed through indices checks or other sources.

Embassy officials will be permitted to be present at INS offices to assist temporary foreign visitors who are required to enroll in NSEERS. Embassy officials will have access to registrants who are waiting to have their interviews, in order to consult with them. Back to top.

For a list of local offices or sub-offices in respective states, please visit the INS website at http://www.ins.gov/graphics/fieldoffices/alphaa.htm.


Five Additional Countries Added to Call-In Registration (Group 4)
16 Jan 2003

Nonimmigrant males aged 16 or over who are citizens or nationals of Bangladesh, Egypt, Indonesia, Jordan or Kuwait, and who last entered the U.S. on or before September 30, 2002, will now be subject to call-in special registration (see below for details of program) between February 24, 2003 and March 28, 2003. Back to top.


Special Registration Group 1 and 2 Deadlines Extended
16 Jan 2003

Those subject to the December 16, 2002 (males 16 and over, last admitted to the U.S. on or before September 30, 2002, and who are citizens or nationals of Iran, Iraq, Libya, Syria, Sudan--Group 1) and January 10, 2003 (males 16 and over, last admitted to the U.S. on or before September 30, 2002, who are citizens or nationals of Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, United Arab Emirates, or Yemen--Group 2), deadlines for call-in NSEERS special registration will have an additional window period of January 27, 2003, to February 7, 2003, to register. Back to top.


Advance Parolees Not Subject to Special Registration
20 Dec 2002

According to the INS General Counsel's office, persons admitted to the United States under advance parole are considered "parolees" for NSEERS purposes and are not subject to call-in Special Registration. Back to top.


Armenia Removed from Special Registration Program
16 Dec 2002

The State Department has removed Armenia from the National Security Entry-Exit Registration System (NSEERS) after determining that its inclusion was a mistake. Back to top.


Armenia Pakistan & Saudi Arabia (Group 3) Added to Special Registration Call-In Program
Dec. 16, 2002

Beginning January 13, 2003, certain nonimmigrant aliens who are either citizens or nationals of Armenia, Pakistan and Saudi Arabia are required to enroll with the National Security Entry--Exit Registration System (NSEERS) by appearing personally before, registering with, and providing requested information to the Immigration and Naturalization Service (INS) on or before February 21, 2003. Below are the criteria for those from these 3 countries who must register in person at local INS offices:

  • males aged 16 years or older (born on or before January 13, 1987);
  • last admitted to the United States on or before September 30, 2002;
  • will remain in the United States after February 21, 2003;
  • citizens or nationals Armenia, Pakistan, and Saudi Arabia (including who hold dual citizenship/nationality). Back to top.

Those who fit the above criteria must go to their local Immigration and Naturalization Service office and register in person and provide additional information between January 13, 2003, and February 21, 2003 (inclusive).

Persons fitting the above criteria, but who have an application for asylum pending on the date of publication of this Notice (December 16, 2002) have already provided sufficient information in the application for asylum, along with fingerprints, to warrant exclusion from this Notice. Moreover, those who have been granted asylum need not comply with this notice. Back to top.

In addition, lawful permanent residents and persons in "A" or "G" nonimmigrant status need not comply with this notice.

Previous Notices have applied to certain nonimmigrant nationals or citizens of Afghanistan, Algeria, Bahrain, Eritrea, Iran, Iraq, Lebanon, Libya, Morocco, North Korea, Oman, Qatar, Somalia, Sudan, Syria, Tunisia, United Arab Emirates, and Yemen. Back to top.

Those who are required to register under this notice must register annually (within 10 days of the anniversary of first registration) until further notice.

A willful failure to comply with the requirements of this Notice constitutes a failure to maintain nonimmigrant status. Those who fail to comply with the provisions of this Notice are deportable, unless they establish to the satisfaction of the Attorney General that such failure was reasonably excusable or was not willful. Finally, if an alien subject to this Notice fails, without good cause, to comply with the requirement to report to an inspecting officer of the Immigration and Naturalization Service when departing the United States, that person shall thereafter be presumed to be inadmissible under, but not limited to, section 212(a)(3)(A)(ii) of the Act, 8 USC 1182(a)(3)(A)(ii). Back to top.

In addition to the above, all those required to register shall notify the INS, through the filing of Form AR-11, of any change of address within 10 days of such change of address. Failure to file Form AR-11 may subject a person to prosecution, and may render him deportable. Back to top.

If it becomes necessary to place a person fitting the above criteria in removal proceedings, INS may use the most recent address provided for service of the Notice to Appear. Back to top.

Information to be provided during special registration process includes:

  • Answering questions under oath before an immigration officer; these answers shall be recorded by the immigration officer;
  • Presenting to such immigration officer:
    • travel documents, including passport and Form I-94 issued upon admission, and any other forms of government-issued identification;
    • Proof of residence, such as, but not limited to, title to land or a lease or a rental agreement, and, if applicable, proof of matriculation at an educational institution, and, if applicable, proof of employment; and
    • Such other information as is requested by the immigration officer; and
    • Shall be fingerprinted and photographed by the immigration officer.

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Further Expansion of Special Registration (Group 2)
November 22, 2002

Effective December 2, 2002, certain nonimmigrant aliens who are citizens or nationals of Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, United Arab Emirates, or Yemen must appear before, register with, and provide requested information to the Immigration and Naturalization Service (INS) on or before January 10, 2003. Back to top.

This "special registration" applies to nonimmigrant aliens who:

  1. are males born on or before December 2, 1986 (males 16 years or older);
  2. are nationals or citizens of Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, United Arab Emirates, or Yemen;
  3. were inspected by the INS and last admitted to the U.S. as a nonimmigrant on or before September 30, 2002; and who will remain in the U.S. until at least January 10, 2003;
  4. Those who have, November 22, 2002, applied for asylum, are excluded from this Notice. Back to top.

Those who are required to register under this notice must register annually (within 10 days of the anniversary of first registration) until further notice.

A willful failure to comply with the requirements of this Notice constitutes a failure to maintain nonimmigrant status. Those who fail to comply with the provisions of this Notice are deportable, unless they establish to the satisfaction of the Attorney General that such failure was reasonably excusable or was not willful. Finally, if an alien subject to this Notice fails, without good cause, to comply with the requirement to report to an inspecting officer of the Immigration and Naturalization Service when departing the United States, that person shall thereafter be presumed to be inadmissible under, but not limited to, section 212(a)(3)(A)(ii) of the Act, 8 USC 1182(a)(3)(A)(ii). Back to top.

In addition to the above, all those required to register shall notify the INS, through the filing of Form AR-11, of any change of address within 10 days of such change of address. Failure to file Form AR-11 may subject a person to prosecution, and may render him deportable. Back to top.

If it becomes necessary to place a person fitting the above criteria in removal proceedings, INS may use the most recent address provided for service of the Notice to Appear. Back to top.

Information to be provided during special registration process includes:

  • Answering questions under oath before an immigration officer; these answers shall be recorded by the immigration officer;
  • Presenting to such immigration officer:
    • travel documents, including passport and Form I-94 issued upon admission, and any other forms of government-issued identification;
    • Proof of residence, such as, but not limited to, title to land or a lease or a rental agreement, and, if applicable, proof of matriculation at an educational institution, and, if applicable, proof of employment; and
    • Such other information as is requested by the immigration officer; and
    • Shall be fingerprinted and photographed by the immigration officer.

For further information relating to this notice and information about local office hours and locations, the public may call the National Customer Service Center at 1-800-375-5283 or (TTY) 1-800- 767-1833, or visit the INS Web site.

Back to top.


INS To Expand Special Registration Program
(excerpts taken from internal INS memo)

25 Sept, 2002

Arriving nonimmigrants subject to special registration, or NSEERS, will be registered (unless exempt) at arriving ports of entry (POB). When fully implemented, there will be four methods by which a nonimmigrant will be identified for special registration: (1) citizens or nationals of countries designated through publication of notice in the Federal Register; (2) notification through Interagency Border Inspection System (IBIS); (3) preexisting criteria as defined by the Attorney General; and (4) officer discretion. This special registration criteria will be implemented in a phased approach beginning September 11, 2002, and expanded on October 1, 2002.

These criteria may be updated routinely in the future based on current national security, law enforcement or intelligence information. Back to top.

September 11, 2002 Through September 30, 2002

The Attorney General, in consultation with the Secretary of State (SOS), may designate that nonimmigrants who are citizens or nationals of certain countries be subject to special registration by way of publication in the Federal Register. In addition, an inspecting officer will subject a nonimmigrant to special registration if the officer has a reason to believe that the person is a citizen or national or a country designated by the Attorney General as subject to special registration and published in the Federal Register. For example, a case that might warrant such registration could be a nonimmigrant alien who is a dual national and is applying for admission as a national of a country not subject to special registration. Back to top.

Five countries are currently subject to special registration (Iran, Iraq, Libya, Sudan and Syria). On September 11, 2002, most nonimmigrants 14 or older who are citizens or nationals of Iran, Iraq, Libya, Sudan or Syria will be registered pursuant to the new special registration procedures. If the inspecting officer learns that a nonimmigrant possesses dual nationality from one of these five countries and is applying for admission using another nationality not subject to special registration, the officer shall refer the nonimmigrant for special registration. Back to top.

October 1, 2002

Inspecting officers will continue to register nonimmigrants applying for admission to the U.S. for Iran, Iraq, Libya, Sudan and Syria. On October 1, 2002, inspecting officers are also required to specially register nonimmigrants in accordance with the following. Back to top.

The inspecting officer will receive "special registration" lookouts via IBIS during their primary inspection of certain nonimmigrants who have been identified by the Attorney General or SOS as being subject to special registration. In addition, nonimmigrants exempted from special registration by the Attorney General or Secretary of State will also be identified through the lookout system. These alerts will be placed in IBIS by a Department of State consular officer. The consular officer will identify such aliens through the Consular Lookout and Support System (CLASS), which will in turn notify IBIS through the National Automated Lookout System (NAILS). Back to top.

The lookout will direct the officer to register the nonimmigrant or exempt the nonimmigrant from special registration. A lookout will either bear the code "NSER" and will contain remarks stating that the nonimmigrant should be referred to secondary for special registration, or it will bear the code "EXMT" and will contain remarks stating that the nonimmigrant should not be referred to secondary for special registration. Back to top.

The Attorney General has determined under his authority to established pre-existing criteria warranting special registration of certain nonimmigrant aliens who are citizens or nationals, or who an inspecting officer has reason to believe are citizens or nationals of, Pakistan, Saudi Arabia, and Yemen who are males between 16 and 45 years of age. It is imperative that officers remain vigilant and verify the age of all males from these countries in order to properly identify those subject to special registration. Back to top.

Finally, any nonimmigrant, regardless of nationality, must be specially registered when the inspecting officer has reason to believe that s/he meets preexisting criteria as determined by the Attorney General that would indicate that such alien's presence in the U.S. warrants monitoring in the interest of national security. In determining whether to exercise his/her discretion to require special registration, the inspecting officer may only consider the following pre-existing criteria established by the Attorney General:

  • nonimmigrant alien has made unexplained trips to Iran, Iraq, Libya, Sudan, Syria, North Korea, Cuba, Saudi Arabia, Afghanistan, Yemen, Egypt, Somalia, Pakistan, Indonesia, or Malaysia, or the alien's explanation of such trips lacks credibility;
  • nonimmigrant has engaged in other travel, not well explained by job or other legitimate circumstances;
  • nonimmigrant has previously overstayed in the US on a nonimmigrant visa, and monitoring is now appropriate in the interest of national security;
  • nonimmigrant meets characterization established by current intelligence updates and advisories;
  • nonimmigrant is identified by state, local or federal law enforcement as requiring monitoring in the interest of national security;
  • nonimmigrant's behavior, demeanor or answers indicate that s/he should be monitored in the interest of national security;
  • nonimmigrant provides information that causes the immigration officer to reasonably determine that s/he requires monitoring in the interest of national security. Back to top.

The officer's discretionary determination to refer a nonimmigrant to special registration must be concurred on by a supervisory immigration officer at a level to be determined by the district director. Back to top.


Special Registration for Nonimmigrants of Certain Countries
11 Sept 2002

Effective October 1, 2002, nationals and citizens of Iran, Iraq, Libya, Sudan and Syria, along with others who have been designated by the Department of State at U.S. Consulates and Embassies must comply with new special registration requirements when entering and at various times during their presence in the United States. (see INS information page on Special Registration). Back to top.

The purpose of registration is to allow the U.S. government to track the arrival and departure of nonimmigrants who enter the United States. Registration procedures will require certain nonimmigrants to be fingerprinted and photographed when entering the United States, and if they stay 30 days or more, such nonimmigrants must appear in person at an INS office, and must notify the Immigration and Naturalization Service (INS) when changing addresses, employment, or school. In addition, those subject to the registration requirements must also notify INS when leaving the United States, and must do so by reporting to an INS officer at designated ports of departure. Back to top.

To report a change of address, employment or educational institution, nonimmigrants subject to special registration should complete INS Form AR-11 (download form at this link, or order by calling 1-800-870-3576) and mail completed form to:

U.S. Department of Justice
Immigration and Naturalization Service
HQ ORM
425 Eye Street, NW
ULLICO 4th Floor
Washington, DC 20536

For more extensive information on the special registration requirement, go to the INS Special Registration page. Back to top.

 

   

Visitors please note that information on this site is subject to changes in U.S. law. It is general and not case-specific in nature.  Gathering information from this Web site should not be construed as receiving legal advice, and does not establish an attorney-client relationship with Kirberger PC. Issues presented on this site are extremely complex, and require analysis by a qualified immigration attorney on a case-by-case basis.

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