Sindell Law Offices E-Min Newsletter (Vol. 2) - English Article #8

 The following is a synopsis of a memo from the Department of Homeland Security (THE IMMIGRATION SERVICE)


On September 30, 2004, US-VISIT procedures will be expanded to include visitors traveling to the United States under the Visa Waiver Program (VWP) arriving at air and sea ports of entry.   An extension is being sought to an October 26, 2004 deadline set in the Enhanced Border Security Act of 2002 for countries in the VWP to certify that they have programs in place to issue their nationals machine-readable passports that incorporate biometric identifiers that comply with standards established by the International Civil Aviation Organization (ICAO). Due to technical challenges, few countries will be able to meet that October 26, 2004 deadline.  Therefore, a two-year extension is being requested to make it possible for countries to comply withthis mandate.


When a visitor arrives through an air or seaport, they are enrolled in US-VISIT as part of the primary inspection process.  Visitors first put the left index finger, then the right index finger on a glass plate that electronically captures their fingerscans. Then  visitors will also look into a camera and their digital picture will be taken. U.S. Customs and Border Protection Officers will review travel documents and ask questions about the visitor's stay in the United States. Should a visitor seek to adjust status or extend his/her stay, US-VISIT would be updated with any modifications to the individual's status.


US-VISIT is testing and evaluating departure confirmation alternatives.  The tests and evaluation will continue in 2004.  Ultimately, all visitors will be required to check-out before leaving the United States. Currently, US-VISIT has departure confirmation kiosks in two locations:  Baltimore Washington International Airport and Miami International Cruise Line Terminal.  Only visitors leaving from either of these locations must check-out using the automated, self-service kiosk.  At the departure kiosk, visitors will scan their travel documents and repeat the digital "fingerscanning" process on the inkless device.   Attendants are available to assist departing visitors. Currently, visitors with a visa who depart from a port where the departure confirmation system is in place must comply.  By September 30, 2004, visitors traveling to the United States under the VWP will also need to check out before leaving the United States. This exit confirmation information will be added to the visitor's travel records to demonstrate compliance and record the individual's status for future visits to the United States.  US-VISIT compares arrival and departure biographical manifest data provided by the airlines and cruise lines to know
when someone entered and exited the country.   The US-VISIT program received $367 million for FY 03 and has been appropriated $340 million for FY 04.  A spending plan was submitted to the Government Accounting Office "GAO" and both appropriations committees have approved it.