Entry & Exit Issues

April 16, 2009

TSA to Start “Secure Flight” Screening of Air Passengers

Many of Romben Law, APC’s immigration law clients travel frequently — domestically and internationally. Passengers, whether in Los Angeles or elsewhere, will begin to notice the “Secure Flight” screening. Airlines will input traveler information so that the Transportation Security Administration (TSA) can screen each person. Airlines will begin asking not only for name, but now also date of birth and gender. TSA will match these names against the no-fly and other watch lists.

TSA states that Secure Flight is intended to protect the secret watch list data and permit security agencies to address security threats earlier — all of which is supposed to make air travel safer. TSA claims that uing one watch list is supposed to make the screening and matching process fairer and more consistent across all airlines.

Using a single watch list also heightens the government’s obligation to create and implement a fair, reviewable, “single portal” process for travelers wrongly placed on a watch list to seek redress. TSA says that its Traveler Redress Inquiry Program (TRIP) will respond to anyone who feels s/he has been wrongly placed on a watch list. Anyone who is having difficulty traveling because of an incorrect entry in the watch list should immediately seek to have the error corrected — and complain directly to elected officials if TSA does not respond quickly and appropriately. –jcf

April 15, 2009

Visiting Cuba

by Romben Law, APC

The Obama Administration announced a change in policy that will loosen US restrictions on Americans who wish to travel to Cuba. The immigration law firm of Romben Law, APC represents a number of Cubans and others in the Los Angeles area who have asked whether it is now possible to visit Cuba.

The announcement on 13 April 2009 states that the government will (a) lift restrictions regarding travel of family members to the island nation, (b) permit remittances to family members in Cuba, (c) relax restrictions for US telecom companies to establish facilities, permit roaming services, offer telecom services, and donate certain consumer telecom devices to Cuba.

Although the announced changes will permit a Cuban-American (and family members who share the American’s home) to visit persons “within three degrees of family relationship,” there has not yet been a blanket removal of the travel restrictions to Cuba for non-Cuban-Americans.

March 16, 2009

Lost Passport or Lost “Green” Card

by Romben Law, APC

Whether you are a US citizen, a US Legal Permanent Resident (LPR), or a foreign national visiting the USA, the immigration law office of Romben Law, APC in Los Angeles recommends that anyone who loses a passport or an LPR card report that loss to local law enforcement.

US Passport.jpg
A lost US passport is serious business. Report the loss or theft to local police and to the US Department of State immediately. You should bring the report with you when you apply for your new passport. Although getting a replacement from the US Department of State is a relatively simple matter, border guards will likely pull you aside the next couple of times you enter the USA at a Port of Entry (POE) to verify your identity. They may also ask you about the circumstances under which you lost the passport. Remember: the circumstances regarding the loss or theft of your passport will be in the computer at the checkpoint.

A lost LPR card is almost as serious. A replacement is possible. US Department of Homeland Security (DHS) will charge you (at present writing) $355 to replace the card using Form I-90. They will ask you about the circumstances under which the card was lost or stolen; they may also ask for a copy of the police report. To process the replacement card, you will be sent an appointment for fingerprinting and identity verification. Until you get the replacement card, travel and job seeking will be awkward. After the I-90 is filed, use InfoPass to obtain a stamp in your passport to permit you to work and travel.

March 9, 2009

ESTA Approval is No Guarantee of Entry to the USA

by Romben Law, APC

The immigration law office of Romben Law, APC in Los Angeles receives many inquiries from travellers from Visa Waiver Program (VWP) countries about the Electronic System for Travel Authorization (ESTA) program. The ESTA program is ONLY for citizens of countries who do NOT need actual visas to enter the USA. If you are a citizen of another country, you should not register with ESTA.

ESTA registration is for citizens of Visa Waiver countries who wish to enter the USA using the Visa Waiver. If the traveller is using another visa, such as F-1, H-1b, L-1, E-2, or any other nonimmigrant visa, ESTA registration is not required.

ESTA was put into place to allow the US Department of Homeland Security (DHS) to pre-screen travellers coming to the USA who are citizens of countries who do not need visas to enter the USA: the so-called Visa Waiver Countries. The entire application process is conducted online and operated by DHS.