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Critical 2009 Compliance and Travel Updates

January 28, 2009

New US-Visit Requirement for International Travelers, Including US Permanent Residents, Now In Effect

On January 18, 2009, U.S. Customs and Border Protection (CBP) implemented the new US-VISIT procedures that require additional non-U.S. citizens to provide digital fingerprints and a photograph upon entry to the United States.

The following additional non-U.S. citizens will be required to provide biometrics when entering or re-entering the United States by air, sea or during secondary inspection at a land port of entry:

  • Lawful permanent residents of the United States;
  • Persons entering the United States who seek admission on immigrant visas;
  • Persons entering the United States who seek admission as refugees and asylees;
  • Canadian citizens who are currently required to obtain a Form I-94 (Arrival-Departure Record) upon entry or require a waiver of inadmissibility to enter the United States (this excludes most Canadian citizens entering the United States for purposes of shopping, visiting friends and family, vacation or short business trips);
  • Persons paroled into the United States; and
  • Persons applying for admission under the Guam Visa Waiver Program.

Collection and verification of biometric identifiers upon entry protects travelers by making it virtually impossible for anyone else to attempt to use their biometrically linked travel documents (such as a permanent resident card), if their documents are stolen or duplicated.

US¬VISIT biometric collection requirements apply to most non-U.S. citizens, with limited exemptions, entering the United States regardless of country of origin or whether they are traveling on a visa or by air, sea or land. Non-U.S. citizens under the age of 14 and over the age of 79 are exempt from US-VISIT procedures, as are certain other individuals admitted under specific categories. The Final Rule is available for viewing at http://www.dhs.gov/xprevprot/laws/gc_1229618480915.shtm