|  VISITORS
TO BE FINGERPRINTED AND PHOTOGRAPHED WHEN ENTERING THE U.S.
by Michael J. Gurfinkel, Esq.
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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