Field
Guidance on Special Registration Issued
(Provided by AILA)
The INS has issued guidance to local offices about how to conduct the call-in Special Registration program. INS is strictly barred from sharing the memo itself with the public, including AILA. However, following is some information about its contents.
The memo covers three main areas: (1) what checks are to be completed on each registrant; (2) how to determine the appropriate action (e.g., referral to Investigations, issuance of NTA) with respect to a registrant; (3) factors in determining whether someone should be taken into custody.
Under the memo, if a registrant has an application pending, and approval of that application in and of itself would result in a lawful status—temporary or permanent—the person should be registered and not referred to Investigations. Such applications include adjustment of status, change or extension of nonimmigrant status, TPS, etc. However, those who are not otherwise maintaining nonimmigrant status will be subject to additional checks.
The guidance does NOT indicate that the underlying petition first must be approved for adjustment applications concurrently filed with I-130 or I-140 petitions. However, a review for prima facie eligibility might be conducted.
If an immigrant petition has been filed or approved, but no adjustment of status application has been filed, the memo indicates that it may be appropriate to issue an NTA. Officers are told to look at the petition and the underlying equities to making a custody determination.
The memo also attaches the November 17, 2000 Doris Meissner memo on
prosecutorial discretion, indicating that its guidelines are relevant in this
context. (View
Prosecutorial Discretion Memo from INS). 
The memo indicates that, if an individual filed such an application late, or if he is attempting to register late, the INS officer should listen to the person’s reason before reaching a determination. Field officers have been advised outside of the memo that lack of knowledge about the requirements could make the failure to timely register reasonably excusable. However, failure to register due to fear is to be considered willful, resulting in the institution of removal proceedings.
