CBP Commits to Practical and Flexible Implementation of the WHTI Requirements Effective June 1, 2009

A CBP news release dated May 27, 2009 states that the agency will be practical and flexible in implementing the Western Hemisphere Travel Initiative ("WHTI") at land and sea Ports of Entry upon its effective date, June 1, 2009.

CBP encourages U.S. and Canadian citizens who lack WHTI-compliant documents to continue with their travel plans, but to also obtain WHTI travel documents as soon as possible.

Links:

CBP News Release May 27, 2009

Western Hemisphere Travel Initiative website

I-601 Waiver Approval - Extreme Hardship

Our office recently received notice of approval of an I-601 waiver application (waiver of excludability under the Immigration and Nationality Act § 212(a)(9)(B)(v) – unlawful presence in the United States).

The applicant waited a period of nine and a half (9½) months for the decision from date of filing with the U.S. Consulate abroad until receiving the decision from U.S. Citizenship and Immigration Services (“USCIS”).

The Section 212(a)(9)(B)(v) waiver requires a showing that the applicant’s U.S. citizen or permanent resident spouse or parent (not children) would suffer “extreme hardship” if the applicant is refused admission to the United States.

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U.S. Border Patrol's Enforcement Measures Continue in Upstate NY

A recent article by Nadja Drost of Hearst Newspapers reports that U.S. Border Patrol continues its tough enforcement practices along the northern border, particularly in upstate New York. Despite Border Patrol’s stated “high priority mission: to detect and prevent the entry of terrorists and their weapons into the United States,” the article reports that Border Patrol’s efforts to increase security along the northern border have only led to an increase in catching illegal immigrants who pose no security threat at all. This, in turn, has led to an increase in the number of individuals who are referred to Immigration Court for removal (deportation) proceedings, which has caused a backlog that is overwhelming the U.S. Immigration Courts.

As stated by an anonymous Border Patrol agent quoted in the article: “we hold everyone; it’s absurd.”

Read Article: Heightened Security at U.S.-Canada Border Catching Few Terror Suspects

RELATED LINKS:

Read Article: Immigration Courts Face Huge Backlog

Visit U.S. Border Patrol Website: http://www.usborderpatrol.com/

Read Article: Border Patrol Expands Transportation Checks

Read Article: Some Travelers Criticize Border Patrol Inspection Methods

White House Announces Plans for Immigration Reform This Year

A New York Times article reported today that President Obama intends to push comprehensive immigration reform as a priority this year.  According to a senior administration official, the President plans to speak publicly about this issue in May, and we could see proposed legislation as early as this fall.

Read Article

New Form I-192, Application for Advance Permission to Enter as Nonimmigrant

The U.S. Department of Homeland Security ("DHS") has revised Form I-192, Application for Advance Permission to Enter as Nonimmgrant, as of January 15, 2009.  The previous version of the form will no longer be accepted after February 20, 2009. 

The new form is longer in length (two pages as opposed to the previous one-page form) and requests more information, particularly relating to the U.S. immigration history of waiver applicants.  Specifically, the Form I-192 now asks for the following information:

• Have you ever been in the U.S. for a period of six months or more?  If yes, when, for how long, and in what immigration status?
• Have you ever filed an application or petition for immigration benefits with the U.S. Government, or has one ever been filed on your behalf?  If yes, list the applications and/or petitions, the filing locations, and describe the outcome of each application/petition (for example: denied, approved, pending).
• Have you ever been denied or refused an immigration benefit by the U.S. Government, or had a benefit revoked or terminated (including but not limited to visas)?  Describe in detail.
• Have you ever, in or outside the U.S., been arrested, cited, charged, indicted, fined, or imprisoned for breaking or violating any law or ordinance, excluding minor traffic violations?  Describe in detail.  Include all offenses where impaired driving may have been an issue.

For those applicants who submit legal briefs with their Form I-192 application packages, this information has most likely already been provided.  For those who choose to file the application form without a legal brief (which is not required but recommended) more work will now be involved, as the new questions on the Form I-192 require specific and detailed responses.

View Revised Form I-192, Application for Advance Permission to Enter as Nonimmigrant (01/15/09)