Green Card Holders, Not Just Tourists, Now May be Required to Provide Fingerprints or Other Biometrics

Posted February 19th, 2009 by Mary

in

Source:

EthnicNEWz.org

Writer:

Hanishi Ali

Hanishi Ali, an attorney with Mithraw Law Group in Massachusetts (Courtesy photo: H. Ali for EthnicNEWz.org)

As the national crackdown on illegal immigration grows along with the Department of Homeland Security’s (DHS) need to ensure integrity of the immigration system, this article aims to discuss one of the major changes that has taken place in 2009 with respect to non-US citizens entering or departing from the United States.

Expansion of the US Visitor and Immigrant Status Indicator Technology (US-Visit) Program The US-Visit Program, which was initiated in 2004, requires the DHS to create an integrated, automated biometric entry and exit system that records the arrival and departure of aliens (travelers who aren’t US citizens), biometrically compares the identities of aliens, and authenticates travel documents presented by such aliens through the comparison of biometric identifiers.

Foreign (non-US) citizens subject to US-VISIT may be required to provide biometrics – which typically include finger scans, photographs or other body-related identifiers – upon arrival in or departure from the United States, at air or sea ports of entry. By linking the alien's biometric information with his or her travel documents, DHS reduces the likelihood that another individual could assume the identity of an alien already recorded in US-VISIT or use an existing recorded identity to gain admission to the United States.

The new rule that came into effect on January 18, 2009, requires that nearly all foreign citizens provide biometrics (e.g., finger scans and photographs). The categories of foreign citizens include:

· US lawful permanent residents (LPRs), that is, “green-card holders”· Foreign citizens seeking admission on immigrant visas (this includes all family-based immigration and EB-1 to EB-5 categories)· Refugees and Asylees· Foreign citizens paroled into the United States· Certain Canadian citizens who receive a Form I-94 at inspection or who require a waiver of inadmissibility

Exceptions: Canadian citizens applying for admission as B-1/B-2 visitors for business or pleasure, and those specifically exempted under DHS regulations, are exceptions to the new rule.

The most startling expansion of the rule is its application to lawful permanent residents, or “green card holders,” who already have been officially granted permission to reside and take employment in the United States.

Green card holders not only have gone through an extensive background check to become permanent residents – which includes a criminal background check using the applicant's fingerprints – but the US Citizenship and Immigration Services (USCIS) conducts an extensive investigation prior to granting adjustment of status to an LPR. In addition, the US Department of State undertakes significant investigations of foreign citizens who apply for an immigrant visa.

However, DHS claims that they uncover significant immigration document fraud, particularly in relation to permanent resident cards, through measures such as US VISIT.

What does the new US-VISIT rule mean for permanent US residents traveling to or from the United States?US-VISIT will now apply to all permanent residents or green card holders entering or exiting from an air or seaport.

Permanent residents entering through land ports of entry will be required to provide fingerprints only if they are referred to secondary inspection.

Permanent residents with criminal convictions traveling outside of the U.S. are likely to be detected at entry and they should be prepared to present evidence regarding their admissibility.

What are the likely effects of the rule?Approximately 4.4 million lawful permanent residents arrive at US airports and seaports each year, and although the effects of expansion of the US- Visit program are yet to be seen, it is no doubt likely to cause more anxiety and confusion among foreign citizens. It is recommended that foreign citizens should leave extra time at departure for biometrics, particularly during busy travel times and/or during the holiday season.

More information about the US VISIT Program is available at dhs.gov.

Hanishi Ali is an immigration attorney at Mithras Law Group, a Westborough, Mass.-based immigration and international business law firm that keeps a blog at immigrationinfo.wordpress.com . Hanishi can be reached at 617-500-3233.

source: EthnicNEWz.org

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