PIERCE'S IMMIGRATION LAW E-NEWSLETTER is free. It is published by the Law Offices of Curtis Pierce, Certified Specialist, Immigration & Nationality law, The State Bar of California Board of Legal Specialization. 523 West Sixth St., Suite 348, Los Angeles, CA 90014. (213) 327-0044.
CURTIS PIERCE NAMED CALIFORNIA SUPER LAWYER
FOR THIRD CONSECUTIVE YEAR.
Curtis Pierce was honored by Super Lawyers Magazine as one of the top 5% of attorneys in California. Super Lawyers are chosen by their peers and through independent research. Mr. Pierce has been chosen for the years 2008, 2007, and 2006.
ATTENTION TRAVELERS: UPDATES IN THE ENTRY PROCESS AT U.S. PORTS OF ENTRY FOR INTERNATIONAL TRAVELERS
The U.S. Department of Homeland Security (DHS) announced on June 6, 2008 the launch of three initiatives – the Global Entry pilot program, the Passenger Service Program, and an expanded Model Ports Initiative – intended to strengthen customer service at U.S. ports of entry.
"Perhaps the single criticism we hear most from international travelers is frustration with the entry process," said Homeland Security Secretary Michael Chertoff. "We're committed to a more welcoming environment for the roughly one million foreign travelers arriving at our ports each day. These initiatives will reduce much of the frustration and anxiety we encounter, and make it easier on our frontline personnel to focus even more on actual security and criminal risks."
Global Entry is a customer service and security program designed to expedite the screening and processing of pre-approved, low-risk travelers entering the U.S. Currently only U.S.Citizens and Lawful Permanent Residents (LPR) are eligible to join. The pilot starts today at George Bush Intercontinental, John F. Kennedy International and Washington Dulles International airports. Global Entry applicants will voluntarily provide their biographic and biometric information, undergo a background check and complete an interview with a U.S. Customs and Border Protection (CBP) officer. Once accepted, Global Entry travelers can use a kiosk at any of the three pilot airports to verify their identity electronically and make any needed customs declarations. CBP has been accepting applications at www.cbp.gov/travel since May 12.
Under the new Passenger Service Program, CBP Program Service Managers will serve as a dedicated point of contact for identifying and resolving passenger issues. The initiative promotes customer service techniques in officer interactions with the traveling public, and includes joint efforts with the private sector and industry stakeholders to reduce wait times through the use of improved signage and technology. The program will be established at CBP's top 20 Model Ports.
The department also is expanding the Model Ports Initiative to 18 additional airports. Originally established in 2006 as part of the Rice-Chertoff Initiative, Model Ports has enhanced border security with the use of the new technology while streamlining security processes and facilitating travel for legitimate visitors. In addition to brochures and increased signage, a new video, currently available in Spanish, French, German and English, will assist travelers through the customs and immigration process by providing practical information about the entry process and required entry documents and forms.
In a related effort, CBP is providing wait times online at www.cbp.gov for 16 of the busiest international airports and pedestrian wait times for 12 land border crossings in Arizona, California, and Texas.
AN AMERICAN IMMIGRATION LAWYER IN PARIS
On May 27, 2008, Immigration Attorney Curtis Pierce presented a 90 minute seminar on investor visas (E-2, EB-5) as well as visas for intracompany transferees (L-1) at the American Business School Paris, in the City of Light. The seminar featured a power point presentation as well as a demonstration of the forms used for the visas E-2 and L-1.
In attendance were international lawyers, heads of legal departments of France's leading banks, and several corporate executives from the upper echelons of France's business community. After attending the seminar, they may one day be utilizing their extraordinary talents here in the United States. On ne sait jamais.
IMMIGRATION NEWS & INFORMATION
ATTENTION TRAVELERS TO U.S. FROM VISA WAIVER COUNTRIES: INFORMATION ON PRE-TRAVEL AUTHORIZATION
On June 3, 2008, the U.S. Department of Homeland Security (DHS) announced the Interim Final Rule for the Electronic System for Travel Authorization (ESTA), a new online system that is part of the Visa Waiver Program (VWP) and is required by the Implementing Recommendations of the 9/11 Commission Act of 2007.
ESTA is an automated system used to determine the eligibility of visitors to travel in the U.S. under the VWP and whether such travel poses any law enforcement or security risk. The goal of ESTA is to add another layer of security that allows DHS to determine, in advance of travel, whether an individual is eligible to travel to the United States under the VWP and whether such travel poses a law enforcement or security risk.
“Rather than relying on paper-based procedures, this system will leverage 21st century electronic means to obtain basic information about who is traveling to the U.S. without a visa,” said Homeland Security Secretary Michael Chertoff. “Getting this information in advance enables our frontline personnel to determine whether a visa-free traveler presents a threat, before boarding an aircraft or arriving on our shores. It is a relatively simple and effective way to strengthen our security, and that of international travelers, while helping to preserve an important program for key allies.”
Once ESTA is mandatory, all nationals or citizens of VWP countries who plan to travel to the United States for temporary business or pleasure under the VWP will need to receive an electronic travel authorization prior to boarding a U.S.-bound airplane or cruise ship. The requirement will go into effect next year and does not affect U.S. citizens traveling overseas.
Accompanied or unaccompanied children, regardless of age, will be required to obtain an independent ESTA approval. A third party, such as a relative or travel agent, will be permitted to submit an ESTA application on behalf of a VWP traveler.
The Visa Waiver Program is administered by DHS and enables eligible nationals of certain countries to travel in the U.S. for tourism or business for stays of 90 days or less without obtaining a visa.
Which countries participate in the Visa Waiver Program? The list includes the following: Andorra, Austria, Australia, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstine, Luxembourg, Monaco, The Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and United Kingdom.
Currently, citizens of VWP countries complete a written I-94W form providing basic biographical, travel, and eligibility information while en-route to the U.S. With ESTA, VWP travelers will provide this information online prior to departure for the U.S.
The ESTA travel authorization is not a visa. It does not meet the legal or regulatory requirements to serve in lieu of a U.S. visa when a visa is required under U.S. law. Individuals that possess a valid visa will still be able to travel to the United States on that visa for the purpose it was issued. Individuals traveling on valid visas will not be required to apply for an ESTA. Obtaining ESTA approval, for most travelers, is projected to be a simple process. Obtaining a visa, however, typically requires an appointment, travel to a U.S. Embassy/Consulate, an interview with a consular officer, processing time, and the payment of a fee (currently $131).
ESTA will determine, almost immediately in many cases, if an individual is eligible for VWP travel, and if such travel poses any law enforcement or security risks. ESTA applications may be submitted at any time prior to travel, and once approved, will be valid for up to two years or until the applicant’s passport expires, whichever comes first. Authorizations will also be valid for multiple entries into the U.S. To facilitate the authorization process, DHS recommends that ESTA applications be submitted as soon as an applicant begins planning U.S.-bound travel, and not less than 72 hours prior to travel.
A frequently asked question is if one is approved through ESTA to travel to the United States, does that mean that he can enter the country? Not necessarily. An ESTA approval only authorizes a traveler to board a carrier for travel to the United States under the VWP. In the same way that a valid visa does not constitute a determination of admissibility, an approved ESTA is not a guarantee of admissibility to the U.S. at a port of entry. In all cases, U.S. Customs and Border Protections (CBP) officers make admissibility determinations at our ports of entry or pre-clearance facilities.
ESTA is a web-based system. On Aug. 1, 2008, the department will begin to accept voluntary applications through the ESTA Web site at https://esta.cbp.dhs.gov. Until ESTA is mandatory for all VWP travelers, however, ESTA applicants will also still need to complete an I-94W form en-route, for presentation at a U.S. port of entry. The Secretary of Homeland Security is anticipated to publish a notice in the Federal Register by mid-November 2008, announcing implementation of mandatory ESTA requirements on Jan. 12, 2009.
To apply for authorization to travel to the United States under the VWP, travelers will log on to the ESTA web-based system and complete an application online providing the biographical and eligibility information currently required on the paper I-94W form. The ESTA web-based system will be available for voluntary applications after Aug. 1, 2008. ESTA will be implemented as a mandatory program 60 days after publication of a notice in the Federal Register. DHS anticipates that the Secretary of Homeland Security will issue that notice in November 2008, for implementation of the mandatory ESTA requirements on Jan. 12, 2009.
ESTA applications may be submitted at any time prior to travel to the United States, and VWP travelers are encouraged to apply for authorization as soon as they begin to plan a trip to the United States. If applicants’ destination addresses or itineraries should change after their authorization has been approved, they may easily update that information through the ESTA website.
The traveler must provide (in English) biographical data including name, birth date, and passport information, as well as travel information such as the flight number and destination address in the United States. The traveler will also be required to answer VWP eligibility questions regarding communicable diseases, arrests and convictions for certain crimes, and past history of visa revocation or deportation, among others.
Just as the I-94W paper form must be completed in English, you will be required to enter the information required on your ESTA application in English. Your computer should, therefore, be configured to include the U.S. English language with a suitable English font set as a language selection for keyboard input.
If your computer’s operating system is Microsoft Windows 95 or higher and you are unsure as to the English language capabilities of your computer, refer to the following website for information on configuring your computer: http://www.conversationexchange.com/resources/keyboard-language.php#xp.
If your computer is using a non-Windows operating system, refer to the documentation or help information provided by your operating system vendor.
Once an ESTA application has been successfully completed and submitted online, the application will be queried against appropriate law enforcement databases. ESTA application data will remain active for the period of time that the ESTA authorization is valid. DHS will maintain this information for an additional year, and then will archive the information for twelve years to allow retrieval of the information for law enforcement and investigatory purposes.
In most cases, ESTA will provide an almost immediate determination of eligibility for travel under the VWP. Possible responses include: Authorization Approved, Travel Not Authorized, or Authorization Pending.
An approved ESTA travel authorization is:
valid for up to two years or until the traveler’s passport expires, whichever comes first;
valid for multiple entries into the U.S.; and
not a guarantee of admissibility to the United States at a port of entry. ESTA approval only authorizes a traveler to board a carrier for travel to the U.S. under the VWP. In all cases, CBP officers make admissibility determinations at our ports of entry.
Once ESTA is mandatory, all travelers from VWP countries will be required to obtain an ESTA approval prior to boarding a carrier to travel by air or sea to the United States under the VWP.
In the event that an ESTA applicant is denied authorization to travel to the United States under the VWP, he or she will be referred to www.travel.state.gov for information on how to apply for a visa to travel to the United States. This process is similar to the current practice, in which VWP travelers who arrive at a United States port of entry and are determined by U.S. Customs and Border Protection (CBP) to be ineligible for admission under the VWP may be returned to their country of origin to apply for a visa to enter the United States. It will be far more convenient for most travelers to receive this notification before commencing travel.
Accompanied and unaccompanied children, regardless of age, will be required to obtain an independent ESTA authorization and determination of eligibility. VWP travelers who fail to obtain an ESTA travel authorization after ESTA becomes mandatory may be denied boarding, experience delayed processing, or be denied admission at a U.S. port of entry.
ESTA application data will remain active for the period of time that the ESTA authorization is valid, which is generally two years, or until the traveler’s passport expires, whichever comes first. DHS will then maintain this information for an additional year after which it will be archived for twelve years to allow retrieval of the information for law enforcement, national security, and investigatory purposes. Once the information is archived the number of DHS officials with access to it will be even further limited. This retention is consistent both with CBP’s border search authority and with the border security mission mandated for CBP by Congress. Data linked to active law enforcement lookout records, CBP matches to enforcement activities, and/or investigations or cases, including applications for ESTA that are denied will remain accessible for the life of the law enforcement activities to which they may become related.
The ESTA application data will over time replace the paper I-94W form. In those instances where an ESTA is then used in lieu of a paper I-94W, the ESTA will be maintained in accordance with the retention schedule for I-94W, which is 75 years.
The information collected by and maintained in ESTA may be used by other components of DHS on a need to know basis consistent with the component’s mission.
Information submitted during an ESTA application may be shared under a memorandum of understanding (MOU) with consular officers of the Department of State (DOS), to assist consular officers in determining whether a visa should be issued to the applicant after an ESTA application has been denied.
Carriers will also receive the information regarding the applicant’s ESTA via the Advance Passenger Information System (APIS)/ APIS Quick Query system.
Information may be shared with appropriate federal, state, local, tribal, and foreign governmental agencies or multilateral governmental organizations responsible for investigating or prosecuting the violations of, or for enforcing or implementing, a statute, rule, regulation, order or license, or where DHS believes information would assist enforcement of civil or criminal laws. Additionally, information may be shared when DHS reasonably believes such use is to assist in anti-terrorism efforts or intelligence gathering related to national or international security or transnational crime. All sharing will remain consistent with the Privacy Act System of Records Notice, which is available on the DHS Web site.
ESTA does not apply to travelers entering the U.S. via land borders. ESTA will only be required for visitors traveling under the VWP to the United States via air or sea carriers. Travelers applying for admission to the United States under the VWP at land border ports of entry will continue to be processed as they are today. Neither Canada nor Mexico is a VWP member country, and so ESTA does not apply to Canadian or Mexican nationals’ travel.
PROCESSING TIMES & CASE STATUS
Processing Times
· To view processing times and your case status, click one of the links below to connect to the correct U.S. Citizenship and Immigration Services information page.
It is published by the Law Offices of Curtis Pierce, 213-327-0044.
Disclaimer: The information contained in this newsletter is analysis and commentary of a general nature. Nothing in this newsletter applies to a specific case nor does it constitute legal advice.
Schedule appointment: For legal advice on your case, please schedule an appointment with Curtis Pierce, Certified Specialist, Immigration & Nationality Law, The State Bar of California Board of Legal Specialization.
“The only title in our democracy superior to that of President (is) the title of citizen”.
Former Supreme Court Justice Louis Brandeis. (In the case Ng Fung Ho v. White, 259 U.S. 276, 284 (1922), Justice Brandeis wrote that deportation can deprive an individual of "life, or of all that makes life worth living.")
In the words of President John F. Kennedy, the United States is a "nation of immigrants."
IMMIGRATION LAW E-NEWSLETTER
curtis f.pierce
Attorney At Law
certified specialist, immigration & nationality law
the state bar of california board of legal specialization
TEL (213) 327-0044 FAX (213) 327-0066
