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CBP Releases Information on Canadian L-1 Visa Process

Chris Gafner — Mon, 16 Jan 2012 16:42:36 +0000

Recently, the Customs and Border Protection Agency (CBP) released a question and answer worksheet about the process for its acceptance and adjudication of L-1 visas from Canadians. Unlike other nationalities, Canadians are able to apply for the L-1 visa for intracompany transferees at the border. Normally, the L-1 visa must be submitted to the USCIS – a much longer process compared to the process for Canadians.

The question and answer worksheet discusses how the beneficiary and petitioner has the burden of proof on petitions, must submit the appropriate documentation for the petition, and must maintain the correct company relationship while the L-1 status is in use.

For more information on the L-1 visa for Canadians, see the firm’s Canadian L-1 visa information sheet and the CBP’s recent Canadian L-1 Visa Question and Answer.

CBP: Scan of Passport on iPad Not Sufficient For Admission

Chris Gafner — Fri, 06 Jan 2012 15:34:19 +0000

In a bizarre statement, the Customs and Border Protection (CBP) Agency recently reaffirmed that there are certain documents that are required for entrance into the United States – and that a scanned copy of a passport that is visible on an iPad is not sufficient.

In an apparent attempt to squash what has become an emerging urban legend, the CBP states that an individual can only enter the United States if he or she has a valid passport, U.S. Passport card, Trusted Traveler card, or enhanced driver’s license.

If a person does not have the required documents, the CBP officer will either determine identity and citizenship through another means, or will deny entry into the United States.

The CBP’s statement stems from an actual instance where an applicant was admitted after showing a scanned image of his passport on his iPad, a valid driver’s license, and birth certificate. According to the CBP, the person was admitted because his driver’s license and birth certificate checked out and proved his identity and nationality.

The iPad can’t do everything…yet.

The CBP’s Statement follows:

CBP Statement on Approved Documents for Entry Into U.S.

(Wednesday, January 04, 2012)

Washington – The assertion that a traveler was admitted into the U.S. using solely a scanned image of his passport on an iPad is categorically false. In this case, the individual had both a driver’s license and birth certificate, which the CBP officer used to determine identity and citizenship in order to admit the traveler into the country.

Since June 1, 2009, U.S. and Canadian citizens entering the U.S. by land or sea from within the Western Hemisphere are required to present a valid, WHTI-compliant document, which includes a passport, U.S. Passport card, Trusted Traveler card (NEXUS, SENTRI, FAST/EXPRES, or Global Entry), or enhanced driver’s license/enhanced identification card. Scanned or digital images of WHTI-compliant documents are not accepted forms of identification. If a traveler does not present WHTI-compliant documents, CBP officers must determine identity and citizenship using a variety of other means, or deny entry.

U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation’s borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.

Transportation Checks Halted Along Northern Border

Chris Gafner — Mon, 14 Nov 2011 12:07:46 +0000

The Customs and Border Protection (CBP) agency has recently stopped performing “transportation center” checks along the northern border. Previously, the CBP often stopped and questioned individuals riding trains and buses that were within 100 miles of the border. Almost always, the trains and buses that were stopped were not crossing the border. Instead they were stopped because they were within 100 miles of the border. These stops were argued to be necessary because immigrants entering without authorization would try to get away from the border by bus or train. However, statistics show that only about 1% of those detained had actually crossed the border in the prior 72 hours.

The Immigration Pearls of Facebook (and Texting)

Chris Gafner — Mon, 17 Oct 2011 13:09:23 +0000

These days most people find out about their friends’ engagements through Facebook. It is posted on the wall and followed by many likes and posts of congratulations. No big deal, right? But what if you are a foreign national studying in the United States? Or working temporarily in the United States? Or coming for a short visit to celebrate your engagement?

That innocuous engagement notice may not be so innocuous to an immigration official. Instead immigration officials may believe that the foreign national intends to stay in the United States permanently and have ”immigrant intent.” If a foreign national is believed to have immigrant intent it is likely that he or she will be denied entrance into the United States.

It is important not to lie to the immigration agency. However is important to realize that the immigration agency can (and will) Google applicants, check their Facebook page, and ask to review an applicant’s cell phone messages (both voice and text messages). Additionally, immigration officials may infer the worst-case scenario for text or voice messages. For example, a recent applicant into the United States had a text message wishing him “good luck” on his cell phone. An immigration official somehow inferred from that text message that the applicant was seeking to find a job in the United States. The applicant was denied permission into United States. Want another example? How about the foreign national visiting her new American boyfriend – after reviewing their text message exchanges, the immigration official concluded that the romance was certain to result in marriage and that the girlfriend should not be allowed to enter the United States.

Hopefully these examples are extremes. However, if you plan to visit the United States, change status within the United States, or apply for a visa to the United States, do yourself a favor and Google yourself, know what your Facebook page says, and know what is on your cell phone messages and in your computer. If there is something that is potentially adverse to you – you will know about it, and will be able to confront an immigration official’s fears head on.

Immigration And the Federal Shutdown

Chris Gafner — Thu, 07 Apr 2011 13:10:50 +0000

The possibility of a federal shutdown looms large as the government must reach a compromise by Friday to avoid it. If a shutdown does occur, how it might affect immigration processing is not quite known. However, the following are a few observations.

Since USCIS processing is paid for through filing fees, it is expected that it will continue to process immigration petitions. However, the Department of Labor is not funded through filing fees and will not be processing any immigration petitions. This means that PERM applications will be stalled, and that H-1B processing may be halted (as the prerequisite labor certification will not be completed by the DOL).

Of course, the immigration detention centers will continue to hold detainees and the Customs & Border Protection agency will continue to inspect individuals entering the United States.

The Department of State, however, will not be operating as normal. It is unlikely that U.S. passport applications will continue to be processed. Additionally,visa petitions to the Department of State will be halted. During the last government shutdown (in 1995-6), “200,000 U.S. passport applications went unprocessed during the shutdowns and 20,000 to 30,000 foreign visa applications were unprocessed.” (AOL News)

Lets hope that a compromise is made quickly. Otherwise, immigration applicants should expect slowed, if any, immigration processing.

Travel Warning to Noncitizens Traveling Near Northern Border

Chris Gafner — Tue, 31 Aug 2010 10:23:00 +0000

The New York Times recently ran an article that highlights a concern that many New York immigration lawyers have been aware of for many years. Most people know that the Customs and Border Protection (CBP) agency is responsible for maintaining the border crossing integrity of the United States. However, in an effort of maintaining border integrity, the CBP often questions individuals who are already in the United States but are within 100 miles of the border.

This policy has resulted in the CBP often asking individuals to provide immigration documents while on trains, at bus stations or even driving while within 100 miles of the border. The article highlights the downsides of the CBP’s policy. Namely, many believe the questioning amounts to racial profiling and police state tactics.

Noncitizens without readily transparent documentation should read the article and take appropriate steps if they plan to travel within 100 miles of the border.

Icelandic Volcano Delaying Your Departure?

Chris Gafner — Sat, 17 Apr 2010 23:55:58 +0000

The U.S. Customs and Border Protection has just released a statement outlying your options if you might overstay your immigration status.

New York Immigration Statistics for Fiscal Year 2009

Chris Gafner — Fri, 04 Dec 2009 11:09:57 +0000

The Customs and Border Protection Agency (CBP) recently released statistics about its operations at the 17 New York land border entry points. According to the CBP, “21.3 million passengers, 8.2 million autos, 1.4 million trucks and 41,660 buses” entered the United States during the 2009 fiscal year. Of those 21.3 million passengers, 19,000 travelers were apprehended as “inadmissible travelers.” Additionally, 42 fraudulent documents were seized and 75 travelers were apprehended after making false claims of U.S. citizenship.

Please visit the CBP website for the complete report.