Posted by Lilly from ? (160.129.27.22) on Thursday, December 19, 2002 at 11:04AM :
In Reply to: Re: Interesting - After protest, Armenia is off l posted by Lilly from ? (160.129.27.22) on Thursday, December 19, 2002 at 11:02AM :
A. What about someone who has dual citizenship?
Q. If the person is a citizen of one country but may have retained citizenship of one of these specified countries, the DOJ has stated that the person must register.
However, if the person is a U.S. citizen and possibly a citizen of another country, we believe he should not have to register because the statute, INA section 263(a) and regulation, 8 C.F.R. 264.1(f), and “call-in” registration notices, 67 Fed. Reg. 67765 and 70525 specifically provide that they apply only to “aliens.”
Q. What is a “national”?
A. The INA defines a “national” as “a person owing permanent allegiance to a state.” INA section 101(a)(21), 8 U.S.C. 1101(a)(21). This is not a very helpful definition in this context. Allegiance must be determined by reviewing the law of the country, as each country determines its own citizenship and nationality law.
Q. What if my client’s asylum application was denied and is no longer pending?
A. It appears that he does not have to register under call-in special registration. The notices say that people who applied for asylum already have provided sufficient information in their application as well as their fingerprints. 67 Fed. Reg. 67766 and 70526.
-- Lilly
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