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Berardi Blog

The Berardi Immigration Law blog – find all our posts here.

  • Global Entry Program to be made Permanent

    Recently, DHS published a final rule establishing the Global Entry pilot program as a permanent initiative.  Global Entry allows pre-approved, low-risk travelers expedited clearance through the international arrivals and admissions process at one of 20 U.S. international airports. Global Entry members may utilize streamlined, automated kiosks as an alternative to regular passport processing lanes.  At the Global Entry […]
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  • US Customs Begins Rolling Out Pre-clearance Kiosks at Canadian Airports

    According to an announcement released by US Customs and Border Protection (CPB) last week, Global Entry kiosks are now available at preclearance locations at Vancouver International airport and Ottawa’s MacDonald-Cartier airport. The kiosks will also be available at Toronto’s Lester B. Pearson International and Montreal’s Trudeau International airports by September. Kiosk placement at Canadian preclearance locations is part […]
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  • What is a Crime of Moral Turpitude?

    Anyone who has been convicted of a Crime of Moral Turpitude (“CIMT”), will require an immigration waiver to enter the U.S.   CIMTs commonly involve elements of fraud, larceny, or intent to harm persons or things. CIMTs can be committed against property, governmental authority, people, family relationships, and sexual morality.  They also include intentional distribution of controlled substances; […]
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  • "Ready Lane" at Peace Bridge Speeds Inspection Process

    With the spring travel season upon us, we would like to remind you that Customs and Border Protection (“CBP”) offers a “Ready Lane” to certain individuals. Motorists possessing Radio Frequency Identification (“RFID”) technology-enabled passports, enhanced drivers licenses, new permanent resident cards, and NEXUS, SENTRI or FAST program cards implanted within WHTI travel documents, may take advantage […]
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  • "Ready Lane" at Peace Bridge Speeds Inspection Process

    With the spring travel season upon us, we would like to remind you that Customs and Border Protection (“CBP”) offers a “Ready Lane” to certain individuals. Motorists possessing Radio Frequency Identification (“RFID”) technology-enabled passports, enhanced drivers licenses, new permanent resident cards, and NEXUS, SENTRI or FAST program cards implanted within WHTI travel documents, may take advantage […]
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  • WHTI – Approved Border Entry Documents

    The Western Hemisphere Travel Initiative establishes document requirements for travel by land or sea into the United States from Canada, Mexico, the Caribbean and Bermuda. Travel between the U.S., Puerto Rico, and the U.S. Virgin Islands is not affected. The goal of the initiative is to strengthen border security while making entry into the United States for […]
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  • My Conviction has been Pardoned. Why am I still Inadmissible?

    Many people who have been convicted of crimes in their past are ultimately granted pardons by their government.  They are under the impression that a pardon “wipes their record clean.”  This is not the case however, for U.S. immigration purposes. Under U.S. immigration regulations, judicial expungements do not eliminate criminal convictions.  Further, an individual who […]
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  • CIS Now Accepting H-1B Petitions for FY 2013

    Effective April 2, 2012, U.S. Citizenship and Immigration Services (“CIS”) began accepting H-1B Petitions for fiscal year 2013 which begins on October 1st. CIS will consider cases “accepted on the date that CIS takes possession of a properly filed petition with the correct fee.”  (As opposed to the date a petition may be postmarked or delivered to […]
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  • Easing the Nonimmigrant Visa Application Process

    Berardi Immigration Law, and our clients share the goal of an expedient and successful visa application process.  Achieving this vision relies on a myriad of factors, most importantly the expectations and requirements of the respective U.S. Consulate or Embassy. It is often difficult to navigate the varying information contained on Consular websites and nearly impossible […]
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  • Authority of CBP Agents: Oh Yes They Can!

    At ports-of-entry Customs and Border Protection (“CBP”) Agents have the authority to search people and their personal affects such as purses, luggage, computers and vehicles.  This rule may also apply to outgoing traffic of people who are departing the United States.  CBP Agents do not need a warrant or even reason to suspect an individual […]
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  • Case Study: L-1A Status Granted to Canadian Executive

    Recently, Berardi Immigration Law was retained by a high-level Canadian executive who was stopped by CBP at the pre-flight inspection in Toronto.  This individual, who had been entering the U.S. once or twice a month was aggressively questioned in secondary inspection and missed his flight.  Reluctant to attempt entry again, he was unable to appear […]
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  • Traveling with Children

    Because of the ever-increasing incidents of child abductions in disputed custody cases as well as child pornography and abuse, Customs and Border Protection (“CBP”) recommends that unless a child is accompanied by both parents, a statement be provided which grants permission to individuals traveling with their children. While CBP may not necessarily ask for this type of […]
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  • One Year Admission to the U.S. for Unmarried Domestic Partners

    CBP has recently provided guidance on the admission of unmarried, cohabitating domestic partners of nonimmigrant aliens coming to work or study in the U.S. An individual presenting a valid passport and B-2 visitor’s visa who is accompanying a nonimmigrant alien entering the U.S. in long-term status for employment or study reasons should be admitted to […]
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  • Irish Immigration

    The annual celebration of St. Patrick’s Day may make everyone feel a “little” Irish this month.  In fact, nearly 12% of the total U.S. population can trace their roots to Irish ancestry. During the 1600 and 1700’s approximately 200,000 Irish came to America.  From 1820 to 1860 nearly two million Irish immigrated to the U.S., […]
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  • Government Revises Secure Communities Deportation Guidelines

    The Obama administration announced that guidelines for the Secure Communities fingerprint sharing program will be modified to focus more on illegal immigrants with serious criminal records rather than minor offenders and others. The Secure Communities program was developed to identify and deport convicted felons, but while enforcing the program individuals beyond its scope got caught […]
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  • Rep. Zoe Lofgren Introduces IDEA Act of 2011

    On June 14, 2011, Rep. Zoe Lofgren (D-Calif.) introduced HR 2161, the Immigration Driving Entrepreneurship in America (IDEA) Act of 2011. This bill amends the Immigration and Nationality Act, calling for efficiencies in the immigration system that can strengthen the U.S. economy through innovation, investment, and research. Current laws allow 85,000 H-1B visas to be issued each […]
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  • 2,400 Convicted Criminal Aliens and Fugitives Arrested by ICE in National Enforcement Operation

    Following a seven-day immigration enforcement operation conducted last month, U.S. Immigration and Customs Enforcement (ICE) announced today that their efforts led to more than 2,400 arrests.  The “Cross Check” operation targeted convicted criminal aliens and immigration fugitives throughout the U.S. ICE Director John Morton explained that “the results of this operation underscore ICE’s ongoing focus on […]
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  • 1,000 Additional I-9 Audits Served on Employers for Fiscal Year 2011

    In an effort to make sure that U.S. businesses are in compliance with federal immigration laws, U.S. Immigration and Customs Enforcement (ICE) served another 1,000 Notices of Inspection (NOI), bringing the total number of audits for the year to 2,338. ICE announced that this latest round of audits emphasizes businesses related to vital infrastructure and critical resources. Though […]
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  • Michigan Plans New Measures to Attract Skilled Business Migrants

    In an effort to boost Michigan’s ailing economy, Gov. Rick Snyder has launched an initiative designed to attract highly skilled immigrants and investors who can help the state get back on a financially successful path. The program, known as Global Michigan, is a scaled-up version of an earlier initiative that Gov. Snyder implemented on a local […]
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  • Total H-1B Cap Count Reaches 25,400

    USCIS has issued an H-1B cap update for Fiscal Year 2012, which commences on October 1, 2011. As of June 15, there have been 15,200 H-1B regular cap petitions received and another 10,200 petitions received applicable to the master’s degree cap. Numbers since the last USCIS update on June 6 are as follows: 1,600 new […]
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