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US-VISIT: What does it mean?
Effective January 5, 2004 , the Department of Homeland Security (DHS) implemented the United States Visitor and Immigrant Status Indicator Technology Program (US-VISIT) at certain air and sea ports in the United States. The DHS press release and other materials may be found at: http://www.dhs.gov/dhspublic/interapp/editorial/editorial_0333.xml Logan International as well as both Bangor International Airport and the Portland Jetport are participating. Although the program has been fairly well publicized, probably its greatest impact on travelers will be to create further delay at airports. Nonetheless, nonimmigrants traveling on visas should be prepared to comply with the new requirement at the airport.
US-VISIT requires most aliens who are not visa-exempt to submit "biometrics" (a fancy term for fingerprints and photographs) upon arrival in the U.S and go through a checkout procedure upon departure. Officials will take two inkless fingerprints and a digital photograph upon arrival and inkless fingerprints again on departure. The program applies to most nonimmigrants entering the U.S. Those entering through the Visa Waiver Program are among those who are exempt, as are children under age 14 and persons over age 79. Countries which participate in the Visa Waiver Program are primarily those from Western Europe.
Visitors from Canada will be largely unaffected by US-VISIT. The interim rule provides as follows in this regard:
Will Canadian or Mexican Citizens Have To Provide Biometric Identifiers When They Travel To or From the United States?
This rule does not affect foreign nationals entering the U.S. through land ports of entry. Aliens entering through land ports of entry need only meet the current requirements in the law. However, the rule does apply to Canadian and Mexican citizens who enter through air and sea ports of entry as outlined below. At present, the Department will not apply the biometric collection requirements of this rule to those Canadian citizens who travel on temporary visits to the United States and who do not apply for admission pursuant to a nonimmigrant visa. As usual, Canadians who are lawful permanent residents of the United States mustpossess a Permanent Resident Card (PRC) or other evidence of their permanent resident status; they will not, however, be routinely fingerprinted or photographed. The Department, as it always has, reserves the right to require fingerprints or other identifying information from any individual whom it has reason to believe may not be who he or she claims.
As noted, most Canadians visiting the U.S. will not be subject to the requirement.
US-VISIT requirements apply only at those ports where the system is currently operational. Unlike the NSEERS system, subject aliens are not required to use certain designated ports for entry/departure. Only if the port has US-VISIT can the alien be required to comply. However, failure to comply where the system is in place may result in the alien being declared inadmissible.
Please contact Matthew S. Raynes, mraynes@eatonpeabody.com, for further information.
This paper is provided as general information, and is not a substitute for legal or other professional advice.
Effective January 5, 2004 , the Department of Homeland Security (DHS) implemented the United States Visitor and Immigrant Status Indicator Technology Program (US-VISIT) at certain air and sea ports in the United States. The DHS press release and other materials may be found at: http://www.dhs.gov/dhspublic/interapp/editorial/editorial_0333.xml Logan International as well as both Bangor International Airport and the Portland Jetport are participating. Although the program has been fairly well publicized, probably its greatest impact on travelers will be to create further delay at airports. Nonetheless, nonimmigrants traveling on visas should be prepared to comply with the new requirement at the airport.
US-VISIT requires most aliens who are not visa-exempt to submit "biometrics" (a fancy term for fingerprints and photographs) upon arrival in the U.S and go through a checkout procedure upon departure. Officials will take two inkless fingerprints and a digital photograph upon arrival and inkless fingerprints again on departure. The program applies to most nonimmigrants entering the U.S. Those entering through the Visa Waiver Program are among those who are exempt, as are children under age 14 and persons over age 79. Countries which participate in the Visa Waiver Program are primarily those from Western Europe.
Visitors from Canada will be largely unaffected by US-VISIT. The interim rule provides as follows in this regard:
Will Canadian or Mexican Citizens Have To Provide Biometric Identifiers When They Travel To or From the United States?
This rule does not affect foreign nationals entering the U.S. through land ports of entry. Aliens entering through land ports of entry need only meet the current requirements in the law. However, the rule does apply to Canadian and Mexican citizens who enter through air and sea ports of entry as outlined below. At present, the Department will not apply the biometric collection requirements of this rule to those Canadian citizens who travel on temporary visits to the United States and who do not apply for admission pursuant to a nonimmigrant visa. As usual, Canadians who are lawful permanent residents of the United States mustpossess a Permanent Resident Card (PRC) or other evidence of their permanent resident status; they will not, however, be routinely fingerprinted or photographed. The Department, as it always has, reserves the right to require fingerprints or other identifying information from any individual whom it has reason to believe may not be who he or she claims.
As noted, most Canadians visiting the U.S. will not be subject to the requirement.
US-VISIT requirements apply only at those ports where the system is currently operational. Unlike the NSEERS system, subject aliens are not required to use certain designated ports for entry/departure. Only if the port has US-VISIT can the alien be required to comply. However, failure to comply where the system is in place may result in the alien being declared inadmissible.
Please contact Matthew S. Raynes, mraynes@eatonpeabody.com, for further information.
This paper is provided as general information, and is not a substitute for legal or other professional advice.
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