Immigration: Globalization. Immigration Practice Group Lex Mundi March 4-7, Rome, Italy

Transcription

1 Immigration: Globalization Immigration Practice Group Lex Mundi March 4-7, Rome, Italy

2 Basic Division of Immigration Law Nonimmigrant Status Lawful Permanent Resident ( LPR ) ( Green Card ) Citizenship

3 Common Terms Visa Issued by State Department/U.S. Consulate I-94 Card - Issued at Port of Entry into U.S./controls stay in the U.S. Authorized Stay Generally period of time stated on I-94 card Unlawful Presence Generally time beyond date on I-94 card

4 Nonimmigrant Visas Generally Require Sponsorship by Employer Time Period in U.S. Is Limited Generally Require Intent to Return Abroad

5 Nonimmigrant Visas Spouses & Minor Children Granted Derivative Status, No Employment Only spouses of aliens in L & E status are permitted to work

6 Nonimmigrant Classifications B-1 Visitor for Business E-1 Treaty Trader E-2 Treaty Investor H-1B Workers in Specialty Occupations (Formerly Professionals)

7 Nonimmigrant Classifications H-2 Temporary Workers H-3 Temporary Trainees L-1 Intracompany Transferees

8 Nonimmigrant Classifications O Aliens of Extraordinary Ability in Science, Arts, Education, Business or Athletics P Performing Entertainers and Athletes R Religious Workers TN Trade NAFTA (Formerly TC-Trade Canada)

9 Government Reorganization United States Citizenship and Immigration Services (CIS) United States Customs and Border Protection (CBP) United States Immigration and Customs Enforcement (ICE)

10 US Visit Program What is US VISIT? New automated entry/exit system designed to collect and share information on foreign nationals, including travel details and biometric identifiers. A digital photo and inkless fingerprints of both index fingers will be taken and the biometric information will be checked through and recorded in IDENT biometric database.

11 US Visit Program Implemented entry system at 115 airports and 14 seaports on January 5, Department of Homeland Security (DHS) required to expand entry/exit program to top 50 high traffic land border ports by December 31, 2004 and remaining ports by December 31, 2005.

12 US Visit Program All 211 Consular Posts are required to start issuing biometric visas by October 26, Currently only certain consular posts are issuing biometric visas.

13 US Visit Program Who is Affected by US-VISIT? Only applies to nonimmigrant visa holders. Children under the age of 14 and persons over the age of 79 on the date of admission are exempt from US- VISIT.

14 US Visit Program As of January 5, 2004, Baltimore Washington International Airport and the Miami Seaport serve as pilot sites for testing US-VISIT exit procedures. Expansion of the exit program will continue at airports and seaports throughout 2004.

15 US Visit Program Canadians are not required to have a visa to enter the US and foreign nationals entering the US pursuant to the VWP will not be included in US- VISIT. Canadians and VWP country nationals entering the US in a status requiring a visa will be required to enroll in US- VISIT.

16 US Visit Program US-VISIT collects information on the arrival and departure date; nationality; classification; complete name; date of birth; sex; passport number and country of issuance; country of residence; US visa number and place of issuance; alien number; and complete address while in the US.

17 US Visit Program The information will be stored in databases maintained by DHS and the Dept. of State as part of an individual s travel record. The information will be available to inspectors at ports of entry, agents of ICE, adjudications staff at CIS, US consular officers and other law enforcement agencies.

18 NSEERS National Security Entry and Exit System (NSEERS) Foreign Nationals from Certain Foreign Countries must register when they exit and enter the US. Special Registration does not apply to females, parolees, LPRs, US citizens, asylum applicants and asylees, A and G immigrants.

19 NSEERS NSEERS program includes 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.

20 NSEERS Special Registration at ports of entry will continue even after the launch of US- VISIT in January The registration for NSEERS and enrollment in US-VISIT will continue to be separate process until US-VISIT incorporates NSEERS.

21 Visa Waiver Program ( VWP ) Visitors for Pleasure or Business History of high rate of visa issuance and low fraud Admission for up to 90 days No extensions No change of status Waive significant rights

22 Visa Waiver Program Visa Waiver Countries: Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, UK

23 Visa Waiver Program Advantage of entering US under the VWP is that tourists and people wishing to conduct business in the US can travel spontaneously without obtaining visas. VWP created in 1986 by the Immigration Reform and Control Act, and implemented the Visa Waiver Pilot Program.

24 Machine Readable Passport (MRP) Visa Waiver Program (VWP) became permanent in 2000 Initial deadline for Machine Readable Passport for VWP travelers was October 1, 2007 US Patriot Act changed deadline to October 1, 2003

25 Machine Readable Passport (MRP) Deadline postponed to October 26, 2004 Belgium required to have MRP since May 15, 2003 Travelers from Andorra, Brunei, Liechtenstein & Slovenia must present MRP or US visa.

26 Machine Readable Passport (MRP) More secure Improve document security Faster check-in process Passenger information provided to border officials in advance of flight arrival Lost or stolen passport easier to track

27 Machine Readable Passport (MRP) Citizens of VWP countries will need either MRP or machine readable visa The bottom two lines of MRP incorporates biographic data of passport holder only

28 Machine Readable Passport (MRP) MRP has two lines of printed Optical Character Reader size B (OCR-B machine readable data) MRP has a digital picture

29

30 Machine Readable Passport (MRP) Each VWP traveler will need MRP or a machine readable visa October 26, 2004 deadline applies to: Australia, Austria, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Monaco, Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Spain, Sweden, Switzerland, and the United Kingdom

31 Machine Readable Passport (MRP) All categories of passports need to be MRP regular, diplomatic and official - when traveler is entering US for general business or tourist purposes (B-1/B-2)

32 Machine Readable Passport (MRP) Biometric Requirement imposed by Enhanced Border Security and Visa Entry Reform Act of 2002 Requires Dept of State to issue visas using biometric identifiers no later than October 26, 2004

33 Machine Readable Passport (MRP) Requires passports of any VWP traveler issued after October 26, 2004 to contain biometric identifiers Biometric identifiers data taken from the iris, the face or a fingerprint

34 Change of Address Notification Must notify USCIS of change of address within 10 days of change Applies to all foreign nationals Obligation continues until person becomes a U.S. citizen Notify USCIS of change on Form AR-11 or If petition is pending with USCIS, contact office where pending for instructions on notification

35 Social Security Number Social Security Administration (SSA) September 1, 2002 implemented nationwide policy change in processing social security numbers (SSN) for applications submitted by foreign nationals

36 Social Security Number Verification of documents and status is required in SAVE (USCIS Systematic Alien Verification for Entitlements) information service and database Application for SSN is processed if SAVE verifies immigration status or employment authorization

37 Social Security Number If SAVE does not verify immigration status or employment authorization, document verification request is made on form G-845 to the USCIS It may take several weeks and up to three months to receive response from document verification request