Immigration

A QUARTERLY UPDATE ON IMMIGRATION
LAW FROM MEYNER AND LANDIS LLP

First Quarter 2007

In this Issue:

PASSPORT REQUIREMENT FOR AIR TRAVEL BEGINS JANUARY 23

The U.S. Department of Homeland Security (DHS) and U.S. Department of State are issuing a reminder that beginning January 23, 2007, citizens of the United States, Canada, Mexico, and Bermuda are required to present a passport to enter the United States when arriving by air from any part of the Western Hemisphere. Since announcing this requirement last November, the departments have been encouraging all travelers to obtain passports before they travel.

The public awareness of the air travel requirement continues to grow and current data shows that 88 percent of affected passengers are already traveling to the United States with passports. Since the week of Thanksgiving 2006, 83 percent of U.S. citizens, 94 percent of Canadians, 88 percent of Mexicans, and 99 percent of Bermudans have arrived at U.S. airports with passports.

The air requirement is part of the departments of State and Homeland Security’s Western Hemisphere Travel Initiative (WHTI). This change in travel document requirements is the result of recommendations made by the 9/11 Commission, which Congress subsequently passed into law in the Intelligence Reform and Terrorism Prevention Act of 2004.

The only acceptable alternative documents to a passport for air travel will be the Merchant Mariner Document (MMD) and the NEXUS Air card. The MMD or “zcard” is issued by the U.S. Coast Guard to U.S. Merchant Mariners. The NEXUS Air card is issued to citizens of Canada and the United States, lawful permanent residents of the United States and permanent residents of Canada who meet certain eligibility requirements. The NEXUS Air card will only be accepted when used in conjunction with the NEXUS Air program at certain airports. The MMD card will only be accepted when used on official business by U.S. Citizen Merchant Mariners. All active duty members of the United States Armed Forces will be exempt from the requirement to present a valid passport when entering the United States. Legal Permanent Residents of the U.S. may re-enter on their I-551 Permanent Resident Card.

A separate proposed rule addressing land and sea travel will be published at a later date with specific requirements for travelers entering the United States through land and sea border crossings. As early as January 1, 2008, citizens traveling between the United States and Canada, Mexico, Central and South America, the Caribbean, and Bermuda by land or sea may be required to present a valid passport or other documents as determined by the Department of Homeland Security to enter the United States.

USCIS INTRODUCES CHANGE OF ADDRESS ONLINE FUNCTION TO WEB
Phase One Streamlines and Improves Services for More than a Million Customers a Year

U.S. Citizenship and Immigration Services (USCIS) today launched a new web-based service allowing USCIS customers to submit change of address information online.

All non-citizens in the United States are legally required to keep USCIS informed of any change of address within 10 days of their move by completing an Alien Change of Address Card (Form AR-11).  Individuals with a pending immigration case should also notify USCIS of any change of address.  This will ensure that customers receive notices or decisions related to their case in a timely manner.

“Not only is this a terrific service for our customers, in the long run it is a great cost and time saver,” said USCIS Director Emilio Gonzalez.  “USCIS is continuing to retool the agency to get as much efficiency from automation as possible.”

USCIS processes more than one million change of address requests each year.  The new online service will reduce processing time and improve customer service by providing immediate confirmation that USCIS has received the updated address information.  Overall, test users found the new online form convenient and simple to use.

This is the first phase of this online system.  Phase two, which is projected to launch sometime in May, will include additional customer service features, including allowing applicants with a pending naturalization application to report their change of address online.   Until then, those individuals should continue to contact USCIS by telephone at 1-800-375-5283 to report their change of address.

Before using the online change of address tool, users should have the following information available:

- USCIS receipt number (If you have a pending case with USCIS),
- New and old addresses,
- Names and biographical information for family members for whom you have filed a petition, and
- Date and location (port of entry) of your last entry into the United States.

Change of Address online is available on the USCIS web site at: http://www.uscis.gov/AR-11 .


195 ARRESTED ACROSS 17 STATES IN ICE CLEANING SERVICE RAID

On February 22, 2007, U.S. Immigrations and Customs Enforcement (ICE) announced the unsealing of a 23 count indictment against 3 Florida cleaning service executives. The charges included conspiracy to defraud the U.S. government and harbor illegal aliens for profit. Additionally, ICE made 195 immigration violation arrests as part of the ongoing investigation.

Portions of this Newsletter have been
Reprinted with permission from AILA
Copyright © 2007, American Immigration Lawyers Association

The material contained in this newsletter is for informational purposes and should not be considered legal advice.For further information, please contact Anthony F. Siliato, Esq.Meyner and Landis LLP, One Gateway Center, Suite 2500, Newark, NJ 07102(973) 624-2800 ext. 440 @ asiliato@meyner.com Website: www.meyner.com