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I.N.S. TO USE STATE DEPARTMENT'S DIGITAL PHOTOS TO VERIFY IDENTITY
OF VISITORS
by Michael J. Gurfinkel, Esq.
The Los Angeles Times reported recently that the
US government will soon begin comparing foreign travelers with
digitized photographs, and plans to encode their travel documents
with personal data that can be read electronically, such as fingerprints,
to verify the identity of these visitors.
The State Department will relay digital images of foreign travelers
to U.S. ports of entry starting January 2002.
Immigration officials have had difficulty in verifying the identity
of visitors to the U.S. for lack of a data base that would enable
them to make sure that the person standing in front of them with
a passport and visa, is the same person who applied for the visa
in the US consulates abroad. With the high-tech digital images
to be furnished by the State Department, which is in charge of
the US embassies and consulates abroad, immigration officials
will be assured that they are comparing the travelers to authentic
pictures of those given visas to the United States.
In addition, Congress is planning legislation that would require
unique, personal identifiers - such as digitized fingerprints
- on visas that the State Department grants to foreign nationals
who wish to travel in the U.S., as well as on passports of 29
nations whose citizens are not required to obtain a US visa to
visit the US.
This way, even if the visitor was able to substitute his photo
on another person's passport, immigration officials can still
verify if the traveler holding the passport is the actual person
who rightfully owns that passport.
These moves are part of the U.S. government's response to international
terrorism, particularly to the September 11, 2001 terrorist attacks
on the World Trade Center and on the Pentagon.
This is bad news not only for terrorists, but also for unscrupulous
persons who have made a living of selling fake visas, and/or altered
passports to people who wish to enter the United States, but could
not obtain visas the legal way.
It is common knowledge that many people have entered the United
States using stolen or purchased passports of legitimate visa
holders, substituting their photos or names to that of the actual
passport owner. This is often referred to in immigration as "entering
under an assumed name."
Despite recent efforts to check this practice, immigration officials
have been unable to verify that the person standing before them
at ports of entry (i.e. airports or borders) is the same person
who obtained the visa and the passport, especially since they
have to process thousands of visitors every single day. Scam artists
have been able to go around INS strategies through the years.
However, with the heightened terrorist threats, the U.S. government
has recently come up with tighter measures to prevent the entry
of terrorists and other criminal elements, and other foreigners
who have no legal right to enter the United States.
This news should serve as a warning to many people who are thinking
of entering the United States through illegitimate means. If you
think you will get away with using other people's passport and
visa because some of your friends and relatives were able to get
away with it years ago, you may wish to reconsider.
The digital image will be so detailed, and the equipment highly
sophisticated, that it can differentiate any "look-alike" features
that often enable holders of these altered passports to get away
with it. And even if you are the identical twin of the real owner
of the passport, the digitized fingerprint requirement will still
pin you down, because no two sets of fingerprints are alike.
There is no substitute for obtaining a visa the legal, legitimate
way, to gain entry to the United States.
There are many ways to qualify for a non-immigrant or immigrant
visa. I suggest you consult with a reputable attorney, who can
analyze your situation and recommend legitimate ways to obtain
a visa the legal way.
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