Articles Posted in Entry & Exit Issues

The attorneys at Romben Law, APC are often asked whether using a re-entry permit “guarantees” re-entry to the US after a prolonged absence. A lot of people seem to think that there is some guarantee that using the re-entry permit will ensure their safe return to the US. In most cases, this is true, but it’s important to remember that the Customs and Border Protection (CBP) can and now will often still interrogate returning permanent residents about their reasons for leaving the US for long periods of time, most especially, those trips outside the US that are more than 6 months.

Using a re-entry permit allows a permanent resident to ask for re-entry to the US, but it only ensures that the CBP cannot use the length of absence as the only reason for denying entry. If CBP finds that a person holding a re-entry permit may have been employed abroad, or took up formal residence abroad, CBP can refer an individual for removal proceedings or deferred inspection when CBP will conduct a more formal interview of the applicant for re-admission. This will give you, the applicant a chance to rebut any allegation that you have abandoned your US permanent residency. If you are facing an abandonment interview with CBP, you will have one chance to show that you are eligible to keep your status. Contact the attorneys at Romben Law, APC if you would like a consultation regarding your case. —ecf

The US Department of Homeland Security (DHS) has said that it will start phasing out use of the I-94W Arrival-Departure Card. Immigration lawyers at Romben Law, APC have been practicing law a very long time, and the I-94 is a venerable old immigration law fixture. It appears that DHS has decided to attune to the times, automating the gathering and review of biographic information about persons entering on the Visa Waiver program.

The Visa Waiver program allows nationals of certain countries to enter the USA without a visa, provided the entry is for touristic or non-employment business reasons. In the past, Visa Waiver entrants had to fill out the green I-94W card and present that card to a border guard at the Port of Entry (POE). Over a period of time, DHS will phase out the use of the I-94W, and a Visa Waiver entrant will simply show a passport at the POE, be photographed and fingerprinted, and then the passport will be franked (stamped). This new arrangement is similar to the pre-arrival gathering of information used by Australia’s “electronic visa” system. –jcf

“What’s the difference between my visa and the I-94 landing card?”

“If my visitor visa is good for five years, why can’t I stay in the USA for five years?”

The immigration lawyers at Romben Law, APC in Los Angeles get this type of question all the time. Let’s see if we can’t explain this.

In our blog of yesterday, 1 April 2010, we mentioned the new screening procedures at US ports of entry (POE). Romben Law, APC’s clients travel a great deal, passing through Los Angeles and other immigration ports of entry. As lawyers to so many travelers, we try to provide accurate information about border issues. We have learned a little more about the new screening protocol.

In the past, all citizens of certain countries believed to be supporters of terrorism would all be scrutinized indiscriminately. Cuba, Iran, Iraq, Pakistan, Saudi Arabia, Somalia, and Sudan are widely believed to have been on this list of soi-disant unfriendly countries. Citizens of other countries — perceived as “friendly” to the USA — would be subject to less scrutiny.

The new POE screening procedures use intelligence-based threat assessments. This information will be applied to all persons arriving at a POE, including Americans. If border guards have intelligence that — let’s pretend for a moment — a university-age male student from Africa might be trying to engage in dangerous activity, then the border guards would be on the lookout for university-age male students from Africa. In contrast, university-age male students from, say, Malaysia, México, Moldova, Monaco, or Myanmar would not be subject to the same scrutiny.

The Barack Obama Administration recently announced that border guards at United States Ports of Entry (POE) will begin screening aliens arriving from certain countries based on specific information about threats to the USA. The immigration attorneys at Los Angeles’ Romben Law, APC immigration law firm are advocates for national security balanced against sensible protections for civil rights. We hope this change will reduce the number of unwarranted, unreasonable, and (usually) unfriendly challenges to certain arriving visitors.

Since the New York terrorist attack in September 2001, the USA has maintained a list of approximately fourteen countries (the so-called “group of fourteen”) which are considered to encourage state-sponsored terrorism, or which are believed to provide assistance to terrorists. The US would not even officially name the specific countries, or confirm the exact number of countries, on the list. All citizens of one of these countries — of any gender, any age, any social class, any educational level, for any reason — would be subjected to additional interrogation by US Border Guards.

The newly-announced change sets up a system which uses intelligence information and threat assessment — about specific persons, specific targets, and specific descriptions, to identify passengers who might have a link to terrorism. Quite properly, those persons would be subjected to additional scrutiny. Others who do not meet the more reasoned threat profiles would be allowed to enter the USA in the way of other visitors.

We at Romben Law, APC in Los Angeles believe in keeping the USA safe; however, we are also aware that many security measures can be a burden. As immigration attorneys, we are alert to security mechanisms which may violate the civil rights of immigrants and visitors.

We have recently recently received a report — which we have not yet been able to verify — that the Philadelphia, Pennsylvania and Newark, New Jersey ports of entry are conducting retina scans on arriving non-Americans and non-Legal Permanent Residents. This is in addition to the fingerprints that are routinely taken from all US visitors.

There may be other ports of entry using the retina scan, and we would appreciate hearing from anyone who knows which other POEs are using such scans.