New Ruling on Digital Searches for Travelers

On Tuesday, November 12, 2019, U.S. District Judge Denise Casper in Boston ruled suspicionless searches of traveler’s electronic devices without a warrant is unconstitutional. Judge Casper held U.S. border agents need “reasonable suspicion” to search travelers’ smartphones and laptops at airports and other U.S. ports of entry...
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Modernizing NEXUS AIR Processing at Canadian Airports

The Canada Border Services Agency (CBSA) just recently announced it will be modernizing the way NEXUS members are processed at Canadian airports. The existing NEXUS kiosks that use iris recognition technology will be replaced with new, modernized NEXUS kiosks that use facial verification technology. This new process will first launch in fall 2019 at Vancouver International Airport, with other Canadian airports following in the ensuing months. NEXUS members can enter Canada using the NEXUS self-serve kiosks at designated airports, regardless of where they are coming from. For example, a member returning to Canada from overseas and arriving in Toronto can use a NEXUS kiosk in Toronto. If you are a NEXUS member, you will need your passport the first time you use a new kiosk. You will be prompted to upload your passport photograph during your first passage for storage and identity verification purposes. Members who do not have a passport will be referred to an officer for identity verification. It is important to note that declarations cannot be completed at the new kiosks. If you have something to declare, you will have to do so verbally at a clearly marked area in customs after using the kiosk. This modernization […]
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Temporary Block on Immigrant Health Insurance Requirement

President Trump’s October 4th Proclamation has been temporarily blocked by a federal judge.  If allowed, it would require those seeking U.S. visas to obtain approved health insurance within 30 days of entry if they are not able to cover their own healthcare expenses. Judge Michael Simon, a Federal District Judge in Portland, Oregon, issued a nationwide temporary restraining order on Saturday, November 2, the day before the Proclamation was set to go into effect.  This order will prohibit the government from implementing the Proclamation for 28 days. During this time, the plaintiffs (seven U.S. citizens and a nonprofit group, Latino Network) and the defendants (various governmental agencies and officials)  will argue on whether the court should issue a preliminary injunction, which would block the Proclamation from becoming effective until the lawsuit has been completely resolved. In this suit, the plaintiffs are challenging the legality of the Proclamation, and if the judge issues a preliminary injunction, the Proclamation will be suspended until the judge makes the ultimate decision on whether the Proclamation is legal or illegal. This temporary restraining order comes weeks after a series of Federal Court decisions to temporarily block the Department of Homeland Security’s amended public charge rule from becoming effective. […]
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Presidential Proclamation to Block Entry for Uninsured Immigrants

On October 4, 2019, President Trump issued a proclamation that will require legal immigrants to gain approved health insurance coverage within 30 days of their entry to the U.S, unless they can prove that they are in a financial position that allows them to cover their own foreseeable medical expenses...
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Back to School: Tips for International Students

As summer break comes to an end for many F-1 international students, it is important to keep in mind a few tips for a smooth entry into the U.S. for the upcoming school semester. When you re-enter at a U.S. Port of Entry, you should carry the following documents: your valid passport...
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CBP to Launch New Online System for Filing Nonimmigrant Waiver Applications

On May 30, 2019, CBP announced that a new online system, known as e-SAFE, will be launched in mid-2019 for electronic filing of Forms I-192 and I-212. This system allows eligible nonimmigrants, who do not require a visa to enter the United States, to apply for a waiver of inadmissibility via Forms I-192 and I-212. Advantages of applying online: Applicants can view their application status; Applicants can receive electronic communication; Applicants can submit additional information upon request, and Applicants can receive electronic notification of a decision in near real time. e-SAFE will accept online application payments and all supporting documents. Once the application is paid and submitted, the applicant will receive an electronic receipt of the application, and notification that he or she has 45 days to report to a CPB e-SAFE designated port of entry to provide biometrics (fingerprints and a photo) to complete the application. The list of locations currently processing electronic filings is limited as of now and includes: Peace Bridge, New York Lewiston Bridge, New York Rainbow Bridge, New York Peace Arch, Washington Pacific Highway, Washington Point Roberts, Washington Toronto Pearson International Airport Other locations will be added gradually. The paper filing is still an alternative […]
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Breaking News: Certain Ports of Entry No Longer Allowing L-1 Renewal Applications for Canadian Citizens

Berardi Immigration Law has recently learned that certain ports of entry along the Canadian border are now refusing to process petitions for renewal L-1 applications that are presented by Canadians pursuant to the North American Free Trade Agreement (NAFTA). This new policy affects both individual and blanket L petitions.  Initial reports indicated that this was a problem only at Customs and Border Protection (CBP) locations near Calgary. However, it has since expanded throughout several ports of entry and preclearance locations including Toronto Pearson International Airport (preclearance), Winnipeg, Vancouver, Calgary, Montréal Pierre Elliott Trudeau International Airport (preclearance), Edmonton, Seattle, Pembina, Warroad, Pt. Roberts, Sumas, and more. Over the weekend, we have been informed that the Peace Bridge located in Buffalo, New York is now also enforcing this policy. This impacts all ports of entry under the Buffalo jurisdiction, including the Rainbow Bridge, Queenston/Lewiston Bridge, and Thousand Islands Bridge and all ports of entry on the northern New York/Canadian border. All L-1 renewal petitions for Canadians must now be submitted directly to USCIS for adjudication. The ports of entry that are refusing to process these petitions are relying on a section of the regulations (8 CFR §214.2(l)(15)(i)), which state that petition extensions […]
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