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Long term lawful permanent residents with criminal records should not travel outside of the U.S.

Prior to 9/11 it was a well known fact that one hand of the government often didn’t know what the other was doing.

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Prior to 9/11 it was a well known fact that one hand of the government often didn’t know what the other was doing. For this reason it was easy for the 9/11 hijackers to enter the U.S. as students, attend flight school and even obtain an extension of their nonimmigrant status in the U.S. well after their own deaths and the deaths of others which they directly caused. Such a situation was intolerable and hence the Department of Homeland Security was a born. Under this new Department the Bureau of Customs and Border Protection (BCBP) was created in place of the old Customs and Immigration departments at both borders and airports.

In 2003, in keeping with the desire and need to know who is entering and leaving the U.S. and thus who remains illegally within our borders, the US-VISIT program was established. This program verifies the identities and travel documents of visitors by comparing biometric identifiers, and by comparing biometric identifiers with information drawn from intelligence and law enforcement watch lists and databases. Visitors subject to US-VISIT may be required to provide finger scans, photographs, or other biometric identifiers upon arrival at, or departure from, the United States. Currently, people entering the United States pursuant to a nonimmigrant visa, or those traveling without a visa as part of the Visa Waiver Program, are subject to US-VISIT requirements, with certain limited exceptions. However, effective January 18, 2009, US-VISIT will apply to all permanent residents—green card holders—entering or exiting from an air or seaport. Permanent residents entering through land ports of entry (i.e. Canada and Mexico) will be required to provide fingerprints only if they are referred to “secondary inspection”, which is a more individualized and detailed questioning of an individual’s right to enter to the U.S. While not all land ports of entry currently have the ability to perform the ten-print capability needed for registration under the US-VISIT program, it is expected that all ports will have such equipment by February of this year. So, then, what does this mean for lawful permanent residents?

Prior to the passage of this new rule, lawful permanent residents with criminal records, no matter how far back in the past, played a game of Russian roulette each and every time they left the country and attempted to reenter the U.S. for each attempt to reenter was and is an application for “admission” to the U.S. Thus, any criminal record/conviction, no matter how old, would and could serve as a basis for precluding that individual’s reentry into the U.S. Since much of the inspection process at the border or port of entry, until recently, consisted of questioning from an examiner, many individuals with past criminal records felt secure enough that their past would not catch up to them and cavalierly traveled without concern. Now, however, the rules to the game have changed: individuals with past criminal records will be detected at the port of entry, questioned regarding their eligibility to resume lawful permanent resident status in the U.S. and perhaps removed on a permanent basis from the U.S. forever. Given such risks, it is absolutely essential that any lawful permanent resident with any criminal history whatsoever immediately consult with an immigration attorney prior to even thinking of departing from the U.S. Remember: 2009 is a new year, with new rules and US-VISIT is serious business.

 

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