DHS Watch : Mechanics of US-VISIT Announced
Posted Nov 07, 2003

The Department of Homeland Security (DHS) outlined the new US-VISIT program in an October 28, 2003 release, the first phase of which is to be implemented by December 31, 2003. We brought our readers information on the US-VISIT program in the MurthyBulletin's "DHS Watch" articles from October 10, 2003, US-VISIT May Not Meet All Deadlines; May 23, 2003, High Alert, US-VISIT, and ICE Reorganization; and May 9, 2003, New Entry-Exit System to Begin; all available on MurthyDotCom.

Entry Procedures under the US-VISIT Program

On or after December 31, 2003, a person seeking to enter the U.S. at an airport or seaport under a nonimmigrant (temporary) visa will be required to provide an inkless fingerprint of the right and left index fingers and have a photo taken. This will be in addition to the standard review of travel documents and routine questions regarding the person's eligibility to enter the U.S. The fingerprints and photo will be compared to security databases. The person will then either be admitted or sent to secondary screening. Biometric identifiers must be in effect by October 26, 2004, in countries that participate in the Visa Waiver Program (VWP). Land border procedures will not be actualized until 2006.

Exit Procedures under the US-VISIT Program

As nonimmigrant foreign nationals exit the U.S. at airports and seaports, they will need to use self-service kiosks to scan their travel documents and submit additional inkless fingerprints. There will be individuals available at the airports and seaports to assist anyone who does not understand the process. This exit information will be added to the foreign national's immigration record. The exit process is not expected to be at all airports and seaports until sometime in 2004. The land border exit procedures will not be available until 2006.

Departments and Agencies Involved in the US-VISIT Program

The U.S. Immigration and Customs Enforcement (ICE), the U.S. Customs and Border Protection (CBP), and the Transportation Security Administration (TSA) within the DHS are all involved in implementation of the US-VISIT program. The U.S. Department of State (DOS), the U.S. Department of Transportation (DOT), and the General Services Administration (GSA) also bear responsibility for the US-VISIT program. Ultimately, the Undersecretary for Border and Transportation Security will be responsible for enforcing US-VISIT.

Documents Issued by DHS and DOS

Both DHS and DOS must issue only machine-readable documents that use biometrics by October 26, 2004. Passports are included in this requirement. The International Civil Aviation Organization (ICAO) has determined that a photograph with certain electronically calibrated measurements will be used as their biometric. This standard must be met on the new DHS- and DOS-issued documents. As of this writing, there have been no announcements regarding increased fees for the new visas and passports. The DOS must determine whether a fee increase is appropriate and follow regulatory procedures to increase the fees, if it is deemed necessary.

Arrival / Departure Information System

The information from entry and exit procedures will be stored in the Arrival / Departure Information System (ADIS). This information is updated continually and will be available to the US-VISIT program to determine whether a person has overstayed the permitted period of entry. As a result, it is much more likely that all overstays will be detected under this system. As a reminder, overstays of 180 days or more result in a three-year bar on reentry to the U.S. Overstays of a year or more result in a ten-year bar on reentry to the U.S. Overstays of fewer than 180 days, however, will be taken into account when the DOS issues visas at the consulates, when the CIS is adjudicating cases, and even at the Ports of Entry. Additionally, an overstay of as little as one day voids the existing visa, even if it is a 10-year, multiple entry visitor's visa.

Access to US-VISIT Data

The CBP port-of-entry officers, ICE special agents, CIS adjudicators, and DOS adjudicators will have access to the data obtained through US-VISIT. In addition, some federal, state, and local law enforcement personnel will be able to obtain the information on a need-to-know basis.

NSEERS

Some have questioned whether the ongoing National Security Entry-Exit Registration System (NSEERS) requirement to register within 30 days of each entry to the U.S., and the annual requirement to register, will continue once US-VISIT is fully in place. The DHS is currently taking the position that NSEERS will continue for these limited purposes, but that decision is being revisited. It is unclear when a final announcement regarding NSEERS will be made. As of November 1, 2003, ICE has had full responsibility for NSEERS, and the CIS has discontinued its role in the implementation of NSEERS.

Conclusion

While US-VISIT will significantly decrease identity theft for travelers, MurthyDotCom and MurthyBulletin readers who are subject to a date certain on their I-94 cards, must be acutely aware of their status expiration dates. It is necessary to either depart or make appropriate filings before the expiration date to avoid potential immigration problems. It is imperative to make copies of all travel-related documents. Land ports will not have the same capabilities as the air and seaports for quite some time, and it is likely the CIS will look for proof of exit and entry as US-VISIT continues to be implemented. Further, travelers are advised to determine whether the departure airport has the exit kiosk, to ensure that they comply with the new exit procedures, if necessary, as this system is gradually implemented. A few minutes of diligence now may save years of headache and heartache when seeking future immigration benefits.