In an effort to increase efficiency and streamline the admissions process, US Customs and Border Protection (“CBP”) has simplified entry into the United States by instituting an automated I-94 process for most nonimmigrants arriving by air and sea. What began as a pilot program in certain ports of entry in April 2022, has become standard procedure across all US ports of entry.
Read moreProof of COVID-19 Vaccination Required for All Foreign Travelers at US Land Borders
Effective January 22, 2022, U.S. Customs and Border Protection (“CBP”) will require non-US citizens traveling across the land border for both essential and non-essential reasons to be fully vaccinated. The recent announcement confirms, “[t]hese new restrictions will apply to non-U.S. individuals who are traveling for both essential and non-essential reasons. They will not apply to U.S. citizens, Lawful Permanent Residents, or U.S. nationals.”
All foreign national travelers, whether traveling for non-essential or essential reasons, must attest to their vaccination status and to present proof of vaccination to CBP officers upon request. To be considered fully vaccinated, fourteen days must have passed since the traveler’s final shot of their vaccine. CBP follows the Centers for Disease Control and Prevention’s (“CDC”) protocols regarding acceptable “proof of vaccination, including which vaccines are permissible.”
Pre-arrival COVID-19 testing is not required for entry via a land port of entry or ferry terminal.
Croatia Has Been Added to the Visa Waiver Program
In a September 28, 2021 press release, Secretary of Homeland Security Alejandro N. Mayorkas, in coordination with Secretary of State Antony J. Blinken announced that Croatia will be added as a new participant in the Visa Waiver Program beginning no later than December 1, 2021. Croatia will be the 40th country to be part of the B-1/B-2 Visa Waiver Program (“VWP”), and nationals of Croatia will be able to apply for visa-free visitor travel through the Electronic System for Travel Authorization (“ESTA”).
Read moreDepartment of State Expands Validity Period of National Interest Exceptions for Certain Travelers
On July 6th, the Department of State announced it was expanding the validity period and number of uses of the national interest exceptions (NIEs) granted to individuals traveling from countries affected by the current COVID-19 travel restrictions. Previously the NIEs were valid for one trip within 30 days of being granted. The new announcement permits multiple entries within the 12 months after the NIE is granted. The expansion is effective immediately.
The change in policy affects NIEs issued to those present in the following countries within 14 days of trying to enter the United States: Brazil, China, India, Iran, South Africa, the Schengen Area, the United Kingdom, and Ireland.
Read moreThe Washington Post: "Shutdown worsens strain on US immigration system"
The ongoing partial US government shutdown is causing a further strain on US immigration courts as well as creating potential hardships for US Border Patrol agents, Immigration and Customs Enforcement (ICE) officers, and other front-line Department of Homeland Security who are considered “essential” workers and must continue to work without pay during the shutdown. Tony Reardon, president of the National Treasury Employees Union, says that the federal employees including CBP officers and agriculture inspectors stationed at border crossings and airports are “key to our nation’s security and economic success, and they do not deserve to be treated this way.” CBP agents are taking into custody more than 2,000 migrants per day on average and, with nowhere to detain them, the governments has been releasing hundreds onto the streets in El Paso, Texas, Yuma, Arizona, and other border cities.
Read moreCNN: “US authorities fire tear gas to disperse migrants at border”
Customs and Border Protection (CBP) closed the San Ysidro Port of Entry, one of the world's busiest international crossings, to vehicle and pedestrian traffic for several hours on Sunday afternoon after a protest by migrants on the Mexican side of the border. After some migrants reportedly rushed toward the border area, US Border Patrol agents fired tear gas at the group. Video and photos of families and young children running from the tear gas sparked international outrage by immigration advocates and politicians. Citing migrants throwing “projectiles” at agents, CBP says on Twitter: "Border Patrol agents deployed tear gas to dispel the group because of the risk to agents' safety."
Read moreUnivision: “In Trump era, immigration lawyers recommend everyone carry ID, no matter your status”
After a Border Patrol agent questioned two US citizens in Montana because they were speaking Spanish, legal experts are now recommending that naturalized citizens, legal permanent residents, and undocumented individuals carry identification with them in the event that it is requested by authorities. While the women were able to demonstrate to the officer that they were US citizens and were not arrested, many immigration advocates found the encounter disturbing. Jaime Barrón, an immigration attorney in Dallas, Texas, says that “simply speaking in another language cannot be an illegal act, that could be discrimination.”
Read morePeople Are Dying
5 Quick (But Important) Tips for ESTA
The Electronic System for Travel Authorization (or ESTA, as it is commonly known) is an automated system that determines the eligibility of visitors to travel to the United States under the Visa Waiver Program (VWP). The VWP enables most foreign nationals from participating countries to travel to the US for tourism or business without first obtaining a visa, if they meet certain requirements. These prospective travelers are required to demonstrate their eligibility for the VWP by applying for travel authorization via ESTA prior to boarding a plane or vessel bound for the US. Through ESTA, the US government compares the applicant’s personal information against various databases in order to determine whether there is a law enforcement or security reason to deem that person ineligible to travel to the US under the VWP. While the ESTA is valid for two years or until the applicant’s passport expires, the actual permitted stay in the US on the VWP is only ninety days at a time.
Read more5 Misconceptions about the I-94
Hardly a week goes by when a client doesn’t tell us, “I don’t have an I-94. They got rid of I-94s.” And it’s understandable, since there has been a lot of confusion after Customs and Border Protection (CBP) converted from paper I-94s to electronic I-94s in 2013. To recap: the I-94 is an electronic document (formerly paper) issued to foreign nationals that:
- Tracks arrivals and (indirectly) departures to and from the United States; and
- Is evidence of legal status in the US for foreign nationals in their category of admission (for example, H-1, O-1, L-1, F-1, and so on).
The lack of a paper stapled into a passport has led to many misunderstandings. We try to address five of the most common.
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