U.S. – VISIT
Post September 11, a series of changes have occurred at our nations border
leading to tightened security, the implementation of new technology, longer
lines, and stricter procedures. US-VISIT is the latest innovation in an
effort to protect our borders.
New entry-exit procedures for nonimmigrants requiring a visa to enter
the U.S.
Effective January 5, 2004, all nonimmigrant visa holders who are not
subject to the National Security Entry Exit Registration System (“NSEERS
special registration”) and who are entering the U.S. are subject to United
States Visitor and Immigrant Status Indicator Technology (“US-VISIT”). U.S.
citizens and lawful permanent residents are exempted from US-VISIT, as are
visitors coming to the U.S. pursuant to the Visa Waiver Program.
US-VISIT is currently implemented in designated ports of entry and
ports of exit:
US-VISIT is being implemented in most, but not all, ports of entry and ports
of exit. Currently, US-VISIT is not yet implemented at land ports of entry.
For a listing of the ports of entry and ports of exit subject to US-VISIT,
please visit www.dhs.gov/us-visit.
What is US-VISIT?
US-VISIT is a new U.S. entry-exit system with enhanced security to be used
at designated ports of entry to and ports of exit from the U.S. The purpose
of US-VISIT is to improve overall border management through the collection
of arrival and departure information on foreign visitors to enhance the
security of the U.S. and its individuals.
US-VISIT is an additional form of inspection and does not supersede any
existing operating procedures of inspection currently in place.
What procedure does US-VISIT entail?
As part of the US-VISIT process, the Custom and Border Protection (“CBP”)
officer will obtain biometrics from applicable nonimmigrant visa holders
to verify their identities and to authenticate their travel documents through
digital fingerprinting of the visa holders’ left and right index fingers,
and through digital photographing.
How will the information obtained during US-VISIT be used?
The biometrics and other information will be used to determine if the nonimmigrant
visa holder should be admitted to the U.S. Such information is checked against
law enforcement and intelligence data to determine whether a nonimmigrant
visa holder would pose a threat to national security, public safety, or
is otherwise inadmissible. The biometric information will be shared with
other governmental agencies.
What happens if a nonimmigrant who is subject to US-VISIT is unable
and/or unwilling to comply with its entry-exit procedures?
A nonimmigrant visa holder subject to US-VISIT who fails to comply with
the US-VISIT entry procedure, where required, may be denied
admission into the U.S. based solely on this failure.
A nonimmigrant subject to US-VISIT who exits the U.S. at a port where
US-VISIT is being implemented must “check out” at port work stations to
provide requested information and biometrics for purposes which include,
but are not limited to: verification of information already stored within
the systems of US-VISIT; verification of his/her identity; and verification
that this individual has not overstayed his/her permitted period of stay
in the U.S. A nonimmigrant who fails to comply with exit procedure,
where required, may adversely affect his/her future admission to
or visa issuance at a consulate for later entry into the U.S.
What happens if a nonimmigrant subject to US-VISIT made a timely departure
from a port of entry where US-VISIT is not in place?
A nonimmigrant visa holder (except those subject to NSEERS) who has entered
the U.S. legally through US-VISIT may depart the U.S. through any
port of exit. Such a nonimmigrant who is not subject to NSEERS, is not
required to depart from the same port of entry or from a port that has US-VISIT
procedures in place.
How does the DHS record a nonimmigrant’s timely departure from a port
of exit where US-VISIT is not in place?
Such a nonimmigrant should retain proof of evidence of timely departure
from the U.S. For instance, the individual could retain airline ticket boarding
passes for flights leaving the U.S., and entry stamp(s) into a foreign country.
An individual who has a valid I-94 Departure Record (“I-94”), when departing
the U.S., must surrender this I-94 to the airline, which then sends it to
the appropriate division of the U.S. Department of Homeland Security (“DHS”)
to ensure that such an individual’s departure can be accurately recorded
into the DHS system.
What happens if a nonimmigrant subject to US-VISIT is disabled to
the degree where biometric information cannot be obtained?
Where the identity of such an individual with disability is not an issue,
the CBP officer may exercise his/her discretion to waive the fingerprint
and other biometric requirements. In such instances, the CBP officer may
accept another biometric identifier or information that will reasonably
identify the person.
What happens if a nonimmigrant who is subject to US-VISIT has privacy
concerns for the biometric procedures?
Nonimmigrant visa holders subject to US-VISIT who have privacy concerns
with its procedures are to be referred to secondary processing. At this
moment, there are no guidelines to the general public with regard to such
secondary processing and what this procedure will entail.
Such an individual may be denied admission to the U.S., especially if
his or her identity is questionable.
The following classifications of individuals are exempted from the
US-VISIT:
- U.S. citizens;
- U.S. lawful permanent residents;
- Nonimmigrants who do not require a visa to enter the U.S. (e.g. Canadians,
Visa Waiver Program visitors);
- Children under 14 years of age;
- Persons over the age of 79;
- Aliens who hold a valid visa under:
- A-1, A-2, C-3 (except for attendants, servants or personal employees
of accredited officials);
- G-1. G-2, G-3 and G-4;
- NATO-5 or NATO-6;
- Classes of aliens designated by the Secretary of Homeland Security
and the Secretary of State, in the future, to be exempted; and
- In addition, the Secretary of Homeland Security, the Secretary of
State, and the Director of the Central Intelligence Agency (CIA) may determine
that an individual is exempt from US-VISIT.
Regardless of US-VISIT: DHS reserves the right to require fingerprints
or other identifying information from any individual traveling to and from
the U.S. whenever it has reason to doubt his/her identity.
Nonimmigrants whose biometric information has been collected during
the US-VISIT may examine or make corrections to an inaccurate record of
information:
Nonimmigrant visa holders whose information has been collected by US-VISIT,
and who have concerns about their personal information may, to the extent
permitted by law, examine their information and/or request correction of
inaccuracies by contacting:
The Privacy Coordinator
US-VISIT Program
Border and Transportation Security
U.S. Department of Homeland Security
Washington, D.C. 20528
This newsletter article is prepared based on currently available information
and is intended to assist our clients and the general public to make informed
decisions regarding their travel plans.
For further information or updates on the US-VISIT program, and a list
of ports of entry and ports of exit currently subject to US-VISIT, please
visit www.dhs.gov/us-visit.
You are welcome to contact imminfo@gtlaw.com
for further information.
Return to GT Immigration Observer Table of Contents
|
