All Air Passengers Entering the U.S. Required to Present Negative COVID-19 Test Result

As of January 26, 2021, the U.S. Centers for Disease Control and Prevention ("CDC") is requiring all air passengers entering the United States to present a negative COVID-19 test (a viral detection test for SARS-CoV-2 approved or authorized by the relevant national authority), taken within 72 hours of departure.

Airlines must confirm the negative test result for all passengers before boarding. Airlines must deny boarding of passengers if they do not provide documentation of a negative test or recovery. This requirement is separate from the visa application process. Travelers holding a National Interest Exception also remain subject to all applicable pre-departure testing requirements.

For additional information on this requirement, please visit:
https://www.cdc.gov/media/releases/2021/s0112-negative-covid-19-air-passengers.html

Biden Says He'll Introduce Immigration Bill "Immediately"

In a news conference on Friday, President-Elect Joe Biden announced: "I will introduce an immigration bill immediately," after taking office later this month.  

Biden did not provide details regarding an immigration bill but had previously promised an immigration overhaul within 100 days of taking office.

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U.S.-Canadian Border Closed to "Nonessential" Travel

In an effort to help stanch the spread of the novel coronavirus, the U.S. and Canada have agreed to close their 5,500-mile border to nonessential traffic.  Nonessential traffic appears to relate to those traveling for recreation and tourism.  The Washington Post reports that the border will remain open to cross-border commuters as well as to all traffic necessary to facilitate trade and trucking between the two nations.

Read Article: Trump, Trudeau agree to close U.S.-Canada border to "nonessential" traffic

Form I-192 Waiver Approved - Crime Involving Moral Turpitude

My office recently received notice of approval of a Form I-192, Application for Advanced Permission to Enter the U.S. as a Nonimmigrant, which was filed using the new CBP online filing system – e-SAFE – on January 14, 2020.  The processing time for this application was three (3) weeks and three (3) days, with the approval decision dated February 7, 2020.

The applicant, a Canadian citizen, requires a waiver in order to overcome a charge of inadmissibility under INA § 212(a)(2)(A)(i)(I) due to a conviction of a crime involving moral turpitude (“CIMT”).  Specifically, the applicant was convicted under former § 306(1)(B) of the Criminal Code of Canada (“CCC”) for breaking, entering, and theft.  The applicant pled guilty as charged and was sentenced to a $200 fine and one (1) year of probation, which he completed successfully.  Interestingly, the applicant was able to travel to the U.S. without issue for over 20 years before learning from U.S. Customs and Border Protection (“CBP”) officials that he was inadmissible due to the conviction and therefore required a waiver of inadmissibility.

In support of this waiver application, I prepared

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Greyhound Will Stop Allowing Warrantless Immigration Checks On Its Buses

Greyhound, the largest bus company in the U.S., recently announced that it will stop allowing U.S. Border Patrol agents to board its buses to conduct warrantless immigration checks.

For several years, Border Patrol has been conducting "sweeps" on buses within 100 miles of international borders and coastlines.  

Read Article: Greyhound Will Stop Allowing Warrantless Immigration Checks On Its Buses