CLIENT ALERT – PERMANENT RESIDENTS WHO TRAVEL WITH CRIMINAL CONVICTIONS

MEMORANDUM

TO: HR Directors/Managers/Personnel

RE: Permanent Residents who Travel with Criminal Convictions -
ALERT

DATE: November 2, 2009

As of October 1st, 2009, we have been informed by the Department of Homeland Security (DHS), there is a possibility that returning Legal Permanent Residents (LPRs) with criminal convictions will be issued a Notice to Appear (NTA) at Ports of Entry instead of a grant of deferred inspection.

A NTA places a person in removal proceedings and notifies the individual that s/he will be notified to appear in Immigration Court at a later date. In the deferred inspection process, a person is allowed in the United States (paroled) for a short period, during which time s/he will be contacted to appear at US Citizenship and Immigration Service (CIS) or the Port of Entry for an additional interview or document review. In addition, depending on the nature of the conviction, Customs and Border Protection (CBP) staffing, and available detention bedspace, among other factors, it is also possible that more returning LPRs with criminal convictions will be detained. CBP has confirmed, however, that deferred inspection for returning LPRs is still an option. CBP explained that it modified the policy based on information reflecting that an appreciable percentage of those granted deferred inspection do not show up for their appointment. More guidance to the field will be forthcoming from CBP, but be aware of the likelihood of an increase in the number of LPRs being detained and/or issued NTAs at ports of entry. CBP confirmed that this policy already had been in place in Georgia and Florida.

We highly recommend that LPR’s who have criminal convictions, even Driving Under the Influence (DUI) convictions, consult with our office prior to making any travel arrangements to leave the country.

This memorandum is for informational purposes only, and should not be considered legal advice. Should you have any questions or concerns, please contact our office for further assistance.

The staff of KRA Immigration Law Group

2011 Diversity Visa Lottery Program opens Registration

U.S. Department of State
2011 Diversity Visa Lottery Program Registration

Office of the Spokesman
Washington, DC

September 29, 2009

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The Department of State announces the opening of the registration period for the DV-2011 Diversity Visa lottery. Entries for the DV-2011 Diversity Visa lottery must be submitted electronically between noon, Eastern Daylight Time (EDT) (GMT-4), Friday, October 2, 2009, and noon, Eastern Standard Time (EST) (GMT-5), Monday, November 30, 2009. Applicants may access the electronic Diversity Visa entry form (E-DV) at www.dvlottery.state.gov during the registration period. Paper entries will not be accepted. Applicants are strongly encouraged not to wait until the last week of the registration period to enter. Heavy demand may result in website delays. No entries will be accepted after noon EST on November 30, 2009.

The congressionally mandated Diversity Immigrant Visa Program is administered on an annual basis by the Department of State and conducted under the terms of Section 203(c) of the Immigration and Nationality Act (INA). Section 131 of the Immigration Act of 1990 (Pub. L. 101-649) amended INA 203 and provides for a class of immigrants known as “diversity immigrants.” Section 203(c) of the INA provides a maximum of 55,000 Diversity Visas (DVs) each fiscal year to be made available to persons from countries with low rates of immigration to the United States.

The annual DV program makes visas available to persons meeting simple, but strict, eligibility requirements. A computer-generated, random lottery drawing chooses selectees for DVs. The visas are distributed among six geographic regions, with a greater number of visas going to regions with lower rates of immigration, and with no visas going to nationals of countries sending more than 50,000 immigrants to the United States over the period of the past five years. Within each region, no single country may receive more than seven percent of the available DVs in any one year.

For DV-2011, natives of the following countries are not eligible to apply because the countries sent a total of more than 50,000 immigrants to the United States in the previous five years:

BRAZIL, CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN REPUBLIC, ECUADOR, EL SALVADOR, GUATEMALA, HAITI, INDIA, JAMAICA, MEXICO, PAKISTAN, PERU, PHILIPPINES, POLAND, SOUTH KOREA, UNITED KINGDOM (except Northern Ireland) and its dependent territories, and VIETNAM. Persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible.

No countries have been added or removed from the list of eligible countries. The list of eligible countries remains the same as for DV-2010.

The Department of State implemented the electronic registration system beginning with DV-2005 in order to make the DV process more efficient and secure. The Department utilizes special technology and other means to identify those who commit fraud for the purposes of illegal immigration or those who submit multiple entries.

For detailed information about entry requirements, along with frequently asked questions about the DV lottery, please see the instructions for the DV-2011 DV lottery available at www.dvlottery.state.gov .

PRN: 2009/972

New Travel Requirements: US-VISIT and ESTA

MEMORANDUM

TO: All Foreign National Travelers

RE: New Travel Requirements: US-VISIT and ESTA

DATE: January 13, 2009

___________________________________________________________

The US Department of Homeland Security has recently announced changes for foreign nationals traveling to the United States. We provide this memorandum to summarize the travel programs and explain the new requirements.

US – VISIT
The US-Visit Program was established in 2003 to verify the identities and travel documents of visitors to the United States. Visitors subject to US-Visit may be required to provide fingerscans, photographs, or other biometric identifiers upon arrival at, or departure from, the United States. US-Visit is an automated system that compares biometric identifiers with information drawn from intelligence and law enforcement watch lists and databases.

On December 18, 2008, the US Department of Homeland Security announced that it was expanding the categories of non-US citizens subject to US-Visit. Previously, only people entering the US with a non-immigrant visa or those traveling as part of the Visa Waiver Program were subject to US-Visit. With the significant program expansion, lawful permanent residents (green card holders); immigrant visa holders; refugees and asylees; parolees; and Canadian citizens who require an I-94 (arrival/departure document) or a waiver of inadmissibility are now also subject to US-Visit. Individuals over the age of 14 and under the age of 79 who fit into one of the above categories, regardless of country of origin or method of travel to the US, should be prepared to be scanned and photographed upon entering or leaving the United States.

Visa Waiver Program – Electronic System for Travel Authorization (ESTA)
As discussed in our December 15, 2008 memorandum, effective January 12, 2009, all Visa Waiver Program travelers are required to obtain an electronic travel authorization (ESTA) prior to boarding a carrier to travel to the United States by air or sea. Nationals of Visa Waiver Program countries are still eligible to enter the US without a visa, but must obtain an approved travel authorization prior to their travel to the United States.

The US Department of Homeland Security and US Customs and Border Protection have provided a website with an automated form for the traveler, or a third party, to complete to apply for a travel authorization. (http://cbp.gov/xp/cgov/travel/id_visa/esta/). After the required biographic and travel information is entered, the application is processed to determine if the applicant is eligible to travel to the US under the Visa Waiver Program. The system provides an automated response. Prior to boarding, a carrier electronically verifies that the traveler has an approved travel authorization.

The electronic travel authorization establishes that an individual is eligible to travel to the US under the Visa Waiver Program, but does not guarantee that he or she will be admitted to the United States. Upon arrival in the US, individuals will be inspected by a Customs and Border Protection officer, who will determine whether they are admissible.

Unless revoked, travel authorizations are valid for two years from the date of authorization, or until the passport expires, whichever comes first. Applications may be submitted at any time prior to travel to the United States, however the Department of Homeland Security recommends that travel authorization applications be submitted at least 72 hours prior to travel.

This memorandum is for informational purposes only, and should not be considered legal advice. Should you have any questions or concerns in regard to US-Visit or ESTA, please contact our office for assistance.

Canada Imposes a Visa on Mexican Nationals

News Release

Canada imposes a visa on Mexico
Ottawa, July 13, 2009 — Beginning 12:01 a.m. EDT on July 14, 2009, Mexican nationals will require a visa to travel to Canada, Citizenship, Immigration and Multiculturalism Minister Jason Kenney announced today. For the first 48 hours, Mexican citizens may apply for entry on arrival in Canada. After 11:59 p.m. EDT July 15, 2009, a visa will be required.

Refugee claims from Mexico have almost tripled since 2005, making it the number one source country for claims. In 2008, more than 9,400 claims filed in Canada came from Mexican nationals, representing 25 per cent of all claims received. Of the Mexican claims reviewed and finalized in 2008 by the Immigration and Refugee Board, an independent administrative tribunal, only 11 per cent were accepted.

“In addition to creating significant delays and spiraling new costs in our refugee program, the sheer volume of these claims is undermining our ability to help people fleeing real persecution,” said Minister Kenney. “All too often, people who really need Canada’s protection find themselves in a long line, waiting for months and sometimes years to have their claims heard. This is unacceptable.

“The visa requirement I am announcing will give us a greater ability to manage the flow of people into Canada and verify bona fides. By taking this important step towards reducing the burden on our refugee system, we will be better equipped to process genuine refugee claims faster.”

“The visa process will allow us to assess who is coming to Canada as a legitimate visitor and who might be trying to use the refugee system to jump the immigration queue,” Minister Kenney said. “It is not fair for those who have been waiting patiently to come to Canada, sometimes for years, when others succeed in bypassing our immigration system.”

Canada regularly reviews its visa policies toward other countries. Countries are aware that if they do not satisfy the conditions of a visa-exemption, a visa may be imposed.

This change means that nationals from Mexico who want to travel to Canada will first need to apply for a Temporary Resident Visa and meet the requirements to receive one. It is up to the applicant to satisfy the visa officer their visit to Canada is temporary, they will not overstay their approved time in Canada, they have enough money to cover their stay in Canada, they are in good health, they do not have a criminal record, and are not a security risk to Canadians. These requirements are the same for anyone who wants to visit Canada.

Citizenship and Immigration Canada (CIC) has been working to increase processing capacity in Mexico City. Nevertheless, the imposition of the visa will mean short-term delays in travel as CIC puts resources in place. Applicants are encouraged to send their applications by courier or registered mail and to avoid visiting the Embassy unless specifically invited for an interview.

“Canada has strong ties with Mexico,” said Minister Kenney. “We continue to welcome all genuine travellers to Canada from this country.”

Should you have any questions in regards to the above, please do not hesitate to contact KRA Immigration Law Group at 734-762-7260.

Kind regards,

Meghan Kennedy Riordan, Managing Partner
Kate McCarroll, Associate Attorney

Changes on the Horizon for Immigration. Stay tuned for further updates!

For Immediate Release   President Obama Leads Immigration Reform Debate Executive Branch to Shepherd Legislative Process June 25, 2009 Washington, D.C. – Today the President, Vice President, and key cabinet members met with a bipartisan group of Senate and House leaders representing the spectrum of opinion on immigration. The White House characterized the meeting as the “launch” of a policy conversation and “an honest discussion about the issues…identifying areas of agreement and areas where we still have work to do, with the hope of beginning the debate in earnest later this year.”   The President’s remarks after the meeting indicate not only his full commitment to moving immigration reform forward in the coming year, but also his desire to shift the debate from inflammatory rhetoric to genuine dialogue. ”But what I’m encouraged by is that after all the overheated rhetoric and the occasional demagoguery on all sides around this issue, we’ve got a responsible set of leaders sitting around the table who want to actively get something done and not put it off until a year, two years, three years, five years from now, but to start working on this thing right now,” said President Obama.  As with other major initiatives, the President announced the formation of an immigration working group led by Department of Homeland Security Secretary Janet Napolitano. Secretary Napolitano will work with members of Congress to reach solid, practical solutions. “Today President Obama moved the ball forward on comprehensive immigration reform and changed the nature of the debate – shifting politicians from finger-pointing to problem-solving,” said Mary Giovagnoli, Director of the Immigration Policy Center. “The President and key leaders on both sides of the aisle, including Senator John McCain, are ready to roll up their sleeves and work on practical legislation that solves our immigration crisis. There will be challenges, as there are in any legislative process, but the public should be reassured that we are finally moving forward in a genuine, bipartisan fashion, on a reasoned and reasonable debate on comprehensive immigration reform.”

KRA Immigration Law Group reminds you to consult with a licensed Immigration Attorney for your immigration concerns.

US CIS increases period of stay for NAFTA professional workers from Canada and Mexico from one to three years

U.S. Citizenship and Immigration Services (USCIS) has increased the maximum period of time a Trade-NAFTA (TN) professional worker from Canada or Mexico may remain in the United States before seeking readmission or obtaining an extension of stay.  This final rule changes the initial period of admission for TN workers from one to three years, making it equal to the initial period of admission given to H-1B professional workers.  Eligible TN nonimmigrants may now be allowed to receive extensions of stay in increments of up to three years instead of the prior maximum period of stay of one year.

 

The TN nonimmigrant classification is a visa category available to eligible Mexicans and Canadians with at least a bachelor’s degree or appropriate professional credentials who work in certain qualified fields pursuant to the North American Free Trade Agreement (NAFTA), Qualified professions identified within NAFTA include, but are not limited to, accountants, engineers, attorneys, pharmacists, scientists, and teachers.

 

This final rule will ease administrative burdens and costs on TN workers.  It will also benefit U.S. employers by increasing the amount of time TN nonimmigrants will be able to work for them before having to seek an extension of status.  Spouse and unmarried minor children of TN nonimmigrants in their corresponding nonimmigrant classifications will also benefit from the new regulation.

 

Please note that the proposed rule regarding the three year TN visa was finalized on October 15, 2008 and implemented on October 20, 2008 at the U.S. Customs and Border Protection (CBP) Detroit tunnel port-of-entry.  It is unclear at this time whether all CBP port-of-entries are implementing this new rule.

 

This item is for informational purposes only, and should not be considered legal advice.  Should you have any questions or concerns in regard to obtaining a TN visa, please contact our office for further assistance. 

 

The staff of KRA Immigration Law Group