|
BUSH SIGNS HOMELAND SECURITY ACT
by Michael J. Gurfinkel, Esq.
On November 25, 2002, President
George W. Bush signed the Homeland Security Act of 2002, which
creates the new Department of Homeland Security (DHS), aimed at
strengthening the country's defense against terrorist attacks.
The Homeland Security Act abolishes the Immigration
and Naturalization Service (INS), and, in its place, creates two
separate immigration bureaus:
1. Bureau of Border
Security
- responsible for border patrol, detention
and removal, intelligence, investigations
and inspections.
2. Bureau of Citizenship
and Immigration Services
- responsible for adjudication (or making
decisions) on immigrant visa petitions and naturalization petitions,
adjudications at Service Centers, and all other adjudications
now being performed by the INS.
The following are some of the pertinent provisions
of the Homeland Security Act:
1. Whenever a consular officer denies a visa
to an applicant, the fact
of the denial, the basis
for such denial, and the name
of the applicant shall be entered into the inter-operable electronic
data system implemented under section 202 of the Enhanced Border
Security and Visa Entry Reform Act of 2002.
2. For any person who has been denied a visa,
no subsequent visa may be
issued to the person unless the
consular officer considering it has reviewed the information concerning
the person placed in the interoperable data system, has indicated
on the person's application that the information has been reviewed,
and has stated for the record why the visa is being issued or
a waiver of visa ineligibility recommended in spite of that information.
The person may not be admitted to the United States without a
visa issued in accordance with these procedures.
The DHS was created to increase the security
and screening process, in connection with issuing visas. If a
visa is refused, it goes down as a black mark on your record,
which will follow you for life. Everytime you apply for a visa,
a Consul is required to review the previous denial. With these
new laws and new agencies, I would suggest that you seek an advice
of a reputable attorney who can help you navigate through this
new era of " Homeland Security".
Back
to Main
|
