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Opinion

Visitors to be fingerprinted, photographed when entering US

IMMIGRATION CORNER - Michael J. Gurfinkel -
Starting December 31, 2003, officers of the Department of Homeland Security (DHS) will take fingerprints, using scanning equipment, and digital photos of arriving non-immigrants to confirm identity and check for possible immigration violations, such as previous overstays.

The DHS will likewise place "self-serve" kiosks at exit-ports for departing non-immigrants to "check out" before leaving the U.S., by scanning visas or passports, and providing scanned fingerprints. This will enable DHS officers to determine if the person overstayed or had committed any immigration infractions during his or her stay.

These actions are in compliance with the provisions of the US-VISIT Program, which was designed to enable the DHS to track and record the entry and exit of non-U.S. citizens into and out of the United States, and to provide officials with information about persons who are in the country in violation of the terms of their admission to the U.S.

Many of the procedures for incoming non-immigrants remain the same and are familiar to international travelers: A U.S. Customs and Border Protection Officer will review each visitor’s travel documents, such as visa and passport, and ask questions about the visitor’s stay in the U.S.

In addition, the Officer will use an inkless fingerprint scanner to automatically read the fingerprints of arriving visitors holding visas.  The Officer will also take a digital photograph of the visitor.  This information will be stored in DHS’s database, and can be accessed by them for future entries or inquiries about a person’s status or whereabouts.

If the data provided indicates possible national security concerns, other law enforcement concerns, or improper documentation, the inspector will refer the visitor for additional screening or interview.

When leaving the country, visitors will "check out" at a departure kiosk located within the secure area of major international airports or seaports.

The arrival and departure records will be stored in the Arrival/Departure Information System (ADIS).  It is important that those visitors leaving the U.S. go through the departure kiosk to "check out", so that they may be re-admitted to the U.S. on future visits.

ADIS data will be constantly updated, and if a visitor overstays his or her allotted time, the DHS would know at once, which would then subject the violating visitor to removal from the U.S., or even a bar from future entry.

Also, beginning in 2004, special equipment will be added to the departure kiosk to collect other "biometric" data aside from fingerprints and photographs, such as face, hand geometry, handwriting, iris, retina, vein, and voiceprints.

The US-VISIT program will not only deter the entry of terrorists and other unlawful elements, but will also make it easier for the DHS to identify immigration violators and fictitious visas and passports, or people attempting to enter on someone else’s visa.

Many people have tried to enter the U.S. using stolen or purchased passports of legitimate visa holders, substituting their names or photos to that of the actual passport owner. This is often referred to as "entering under an assumed name."  Other people would overstay in the U.S., then "back-date" their return to the Philippines, to cover up their actual length of stay in the U.S.

With the new equipment and security checks in place, it will be very easy for DHS to verify if the person who presented the visa or passport was the actual visa holder. In addition, the new system would completely foil any attempt to backdate departure dates.

There is no substitute for obtaining a visa the legitimate way for entering the U.S. There are many available ways to obtain a valid immigration status in compliance with our laws.  I suggest that you consult with a reputable immigration attorney, who can assess your situation and advise you of your options.
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Four offices to serve you: LOS ANGELES: (818) 543-5800; SAN FRANCISCO: (650) 827-7888; NEW YORK: (212) 808-0300; PHILIPPINES: 894-0258 or 894-0239.
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WEBSITE:  Mwww.gurfinkel.com

A U

CUSTOMS AND BORDER PROTECTION OFFICER

DEPARTURE

DEPARTURE INFORMATION SYSTEM

DHS

STARTING DECEMBER

UNITED STATES

VISA

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