Updated August 2008

1. INTERNATIONAL TRAVEL AND RE-ENTRY

2. YOUR TRAVEL DOCUMENTS: CHANGES AND EXTENSIONS OF YOUR STATUS
2.1 Passport Validity
2.2 Passport and Advance Travel Authorization Requirements for Visa Waiver Program (VWP) Travelers
2.3 Visa Validity
2.4 Advance Parole
2.5 Suspension of Transit Without Visa Programs
2.6 Changes and Extensions of Status

3. VISA ISSUANCE PROCEDURES: INTERVIEWS, SECURITY CHECKS, BIOMETRICS COLLECTION AND DELAYS
3.1 Visa Issuance Delays
3.2 Personal Interview Requirements
3.3 Biometrics Collection and Issuance of Machine Readable Visas
3.4 Security and Background Checks

4. ENTRY AND EXIT PROCEDURES AT U.S. BORDERS
4.1 The US-VISIT System
• Who must Comply with US-VISIT?
• Exit and Entry Procedures
4.2 Special Registration in the National Security Entry-Exit Registration System
• Departure Control for Special Registrants
• Reporting Changes of Address, Employment or School
• Follow Up Interview Requirement
• Waivers of NSEERS Requirements

5. TRAVEL REQUIREMENTS FOR FOREIGN STUDENTS AND EXCHANGE VISITORS
5.1 Payment of the SEVIS Registration Fee
5.2 Documentation of Your Status
5.3 Verification of Your Status

6. MAINTAINING PERMANENT RESIDENT STATUS
6.1 Maintaining Permanent Residence During Lengthy Absences; Obtaining a Reentry Permit
6.2 Preserving Permanent Residence for Naturalization
6.3 Lost or Expired Permanent Resident Cards

7. ADDRESS CHANGE NOTIFICATION FOR ALL FOREIGN NATIONALS

8. CARRYING DOCUMENTATION OF YOUR IMMIGRATION STATUS

9. APPLYING FOR A SOCIAL SECURITY NUMBER

KNOW YOUR OBLIGATIONS

Due to world events, the U.S. government has implemented heightened security procedures at its consulates, embassies and ports of entry, which may have a significant effect on your entry to the United States.  This document provides guidance on procedures, including visa issuance at U.S. consulates and embassies, security screening, and the immigration obligations of foreign nationals traveling to the United States.  In addition, this memorandum provides guidance on important obligations and procedures for foreign nationals in the United States.
Though it is not possible to detail every immigration procedure in the content of this document, foreign nationals who will travel outside the United States should be aware of some general travel guidelines, each of which is discussed in more detail below:

• All foreign nationals should ensure that they and their family members possess the required documentation for travel and re-entry to the United States, including valid passports and visas (including passports that are machine-readable and, where necessary, contain digital photographs and/or e-chips for Visa Waiver Program travelers), and advance permission to travel (i.e., advance parole) where necessary.
• All foreign nationals should expect complex and sometimes lengthy visa application procedures at the U.S. consulates and embassies, including biometrics collection procedures, mandatory personal interviews for most visa applicants and verification of visa eligibility through government databases.
• All foreign nationals should expect comprehensive questioning by immigration officials when reentering the United States.
• Most nonimmigrants entering the United States will be subject to the U.S. Visitor and Immigration Status Indication Technology (US-VISIT) system, a "check-in" mechanism that collects biometric identifiers.
• Certain individuals who are nationals or citizens of designated countries will be subject to more stringent security screening and may be required to be registered in the Department of Homeland Security's National Security Entry-Exit Registration System (NSEERS).  Foreign nationals who are registered in NSEERS must be aware of and comply with departure control rules.
• Foreign students and exchange visitors must make sure that their enrollment or program information has been entered into Immigration and Customs Enforcement's Student and Exchange Visitor Information System (SEVIS) and that required SEVIS registration fees have been paid.

1. INTERNATIONAL TRAVEL AND REENTRY

In light of world events, the U.S. government has imposed stricter visa issuance and admission policies, and has given immigration and consular officers broad authority to initiate lengthy background and security checks, conduct personal interviews with visa applicants, collect biometric information from foreign nationals, deny visas, bar reentry, and impose special registration requirements on some foreign nationals entering the United States.  Heightened security checks are possible at each stage of travel; therefore, if you or your family members are planning to travel outside the United States, you should be prepared for possible delay and inconvenience.

Upon application for entry to the United States, you should also expect thorough screening procedures at airports and other ports of entry.  Your identity and the validity of your visa will be checked against law enforcement databases.  You may be fingerprinted and photographed upon entry.  You may also be subject to intensive questioning about your immigration status, travel history, the purpose of your visit, background, employment and other issues.

During these entry procedures, you must remain patient and answer all questions clearly.  If you do not understand a question, make sure that you ask for clarification before answering.  Omission or misrepresentation of information can result in denial of entry, removal from the United States at a later date or even possible criminal penalties.  If detained, you are not entitled to legal representation at the port of entry, but may ask for permission to contact Fragomen offices if the need arises.  You should simply explain that contacting Fragomen will allow us in turn to contact your employer if further information is required.

2. YOUR TRAVEL DOCUMENTS; CHANGES AND EXTENSIONS OF YOUR STATUS

Well in advance of traveling internationally, you should verify that your passport and visa are valid for reentry to the United States, and you should also ascertain whether you will be required to obtain advance permission to reenter.  Where questions arise on these complex issues, please contact the Fragomen professional with whom you regularly work.

2.1 Passport Validity

In general, your passport must be valid for at least six months beyond the expiration of your period of admission to the United States, to ensure that you will be able to depart the United States at the end of your stay and proceed to your home country or another country.  There are some exceptions to this rule.  Under international treaties, many countries have an agreement with the U.S.  whereby a passport is deemed valid for an additional six months past its expiration date so that the passport holder can return to his or her country of citizenship.

Under prior rules, citizens of the United States, Canada, Mexico and the British Overseas Territory of Bermuda were not required to present a passport when entering the United States from within the Western Hemisphere. As of January 23, 2007, however, citizens of these countries must present a passport, Air NEXUS card, or U.S. Coast Guard Merchant Mariner Document when entering or re-entering the United States by air, pursuant to the Western Hemisphere Travel Initiative (WHTI). When entering the United States by land or sea, citizens of the United States, Canada, and Bermuda must present documentation of their citizenship – such as a valid passport, a birth certificate, or a certificate of naturalization – as well as government-issued photo identification if the citizenship document does not contain a photograph.

Passport and Advance Travel Authorization Requirements for Visa Waiver Program (VWP) Travelers

The Visa Waiver Program (VWP) permits citizens of designated countries to apply for admission to the United States for ninety days or less as nonimmigrant visitors for business or pleasure without first obtaining a B-1 or B-2 nonimmigrant visa from a U.S. consulate.  B-1 and B-2 visits are generally short-term and, with very limited exceptions, cannot involve employment in the United States or the undertaking of an academic study program.  Entrants under the Visa Waiver Program cannot change their status to another nonimmigrant category, nor can they extend their stays beyond ninety days, except in very limited circumstances.  The following countries are participants in the VWP: Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom. Several other countries, including the Czech Republic, Estonia, Hungary, Lithuania, Latvia, Malta, Slovakia and South Korea, are in the early stages of seeking acceptance into the Visa Waiver Program; nationals of these countries must still obtain a visa at a U.S. consulate before seeking entry to the United States.

Visa Waiver Program travelers must comply with special passport requirements that differ depending on the date that the traveler’s passport was issued. If you are planning to enter the United States as a visitor for business or pleasure under the Visa Waiver Program, you should be aware of the following current and forthcoming passport requirements and their effective dates. A foreign national whose passport is not in compliance with applicable passport standards must obtain a visa to enter the U.S.

• VWP travelers whose passports were issued on or after October 26, 2006 are required to present electronic "e-Passports." An e-Passport is similar to a traditional passport, with the addition of a small, integrated computer chip embedded in the back cover.  The chip stores the information displayed on the data page of the passport, a biometric identifier in the form of a digital image of the passport photograph, a unique chip identification number and a digital signature to protect the stored data from tampering. 
• If the foreign national's passport was issued between October 26, 2005 and October 25, 2006, the passport must contain a digital photograph of the traveler and be machine-readable.  A machine-readable passport contains two lines of text (including letters, numbers and chevrons) at the bottom of the passport's biographic page.  When scanned through a passport reader, the machine-readable text electronically communicates the biographic information contained in the passport. 
• If the passport was issued before October 26, 2005, it must be machine-readable in order for the foreign national to be eligible for Visa Waiver Program travel.

Please note that the above passport requirements apply only to travelers entering the United States under the Visa Waiver Program.  Nonimmigrant visa holders are not subject to these requirements.

Advance travel authorization. As of January 12, 2009, VWP travelers will be required to obtain an online pre-approval from the Department of Homeland Security at least 72 hours before departing for the United States. Beginning on that date, Visa Waiver travelers will be required to submit an online application through the Electronic System for Travel Authorization (ESTA) at https://esta.cpb.dhs.gov, providing his or her biographic and passport information and information about their basic eligibility to use the VWP, such as previous arrests and convictions, communicable diseases, and previous visa denials. VWP travelers already provide this information upon arrival to the United States under current procedures. The traveler will also be asked to provide his or her U.S. destination, flight information, and other travel details, but specific travel plans are not required at the time the traveler submits the application. Travelers will be free to submit ESTA applications at any time, so long as they obtain their approved authorization at least 72 hours before departing for the United States.

Once a traveler submits the ESTA application, it will be reviewed against appropriate law enforcement databases. According to DHS, the ESTA website will provide an almost immediate determination of eligibility for travel under the VWP in most cases. Once approved, an ESTA travel authorization will remain valid for up to two years or until the traveler’s passport expires, whichever occurs first. The ESTA authorization will also be valid for multiple entries into the United States during the validity period. Travelers are encouraged to update the ESTA website with their specific travel details at least 72 hours before each departure, but this is not mandatory.

As of August 1, 2008, the Department of Homeland Security began accepting voluntary ESTA applications.

2.3 Visa Validity

Upon your entry to the United States, the visa stamp in your passport must reflect your current nonimmigrant visa status, the visa must be unexpired, and, if the visa has a limited number of entries, it must have a remaining valid entry available on the intended date of reentry to the United States.  Under certain circumstances, if you are making only a short trip of 30 days or less to Canada or Mexico and have a valid Form I-94, your visa is deemed automatically revalidated upon reentry.  However, if you have applied for a new visa while in Canada or Mexico, or are a citizen or national of Cuba, Iran, North Korea, Sudan or Syria, you will not be accorded automatic revalidation and consequently will not be readmitted to the United States without obtaining a new visa abroad.  Also, with the exception of treaty traders and investors, Canadian citizens generally are not required to possess a valid visa to enter the United States.  Note, however, that certain Canadian permanent residents must possess a valid visa for entry to the United States.  You should be aware that visa processing in countries other than your home country – known as "third country national" or "TCN" processing – is still possible, but has become more restrictive.

Nearly all visa applicants are required to appear at a U.S. consulate for fingerprinting and photographs so that biometric visa stamps may be issued.  The biometric visa requirement has resulted in the termination of visa revalidation in the United States for most nonimmigrant visa holders (with the exception of certain diplomatic visas in the A, G and NATO categories), because the State Department's Revalidation Unit is not equipped to collect biometrics.

Please also be advised that overstaying the authorized period of your admission to the United States may cause you to be deemed unlawfully present or trigger laws that may result in the cancellation of your visa.  Foreign nationals who overstay the period of authorized admission, as notated on the Form I-94 Arrival-Departure Record, for more than six months or more than one year may be subject to bars to admission to the United States of three or ten years, respectively.  Overstays of as little as one day may trigger visa voidance provisions, which would require the foreign national to return to his or her home country to apply for a new visa, except in very limited cases.  Note that with the increase in security and information sharing since the events of September 11, 2001, the U.S. government's electronic databases and tracking systems have improved markedly, with the result that records of even brief overstays are now available to Customs and Border Protection (CBP) at ports of entry and State Department officers at U.S. consulates.

2.4 Advance Parole

If you are an applicant for adjustment of status to permanent residence, you must in some cases obtain advance permission to travel – known as advance parole – in order to leave the U.S. while your adjustment application is pending.  If you already have a valid H-1B, H-4, L-1A, L-1B, or L-2 visa, you may reenter the United States on that visa, without the need for an advance parole.  Note, though, that the policies concerning H and L nonimmigrant family members who have been granted and used employment authorization as applicants for adjustment of status are unresolved; until future guidance is received, individuals in these statuses who have worked in the United States should proceed cautiously, and obtain and use an advance parole for reentry to the United States.  Fragomen will continue to work with Department of Homeland Security officials to obtain resolution on this issue.

2.5 Suspension of Transit Without Visa Programs

On August 2, 2003, the State Department and Department of Homeland Security suspended two initiatives – the Transit Without Visa (TWOV) and International to International (ITI) programs – that permitted foreign national passengers traveling to foreign countries to enter the United States for transit purposes without a visa.

The Transit Without Visa program allowed travelers to travel through the U.S. to another foreign destination without first obtaining a visa.  TWOV passengers were permitted to stop at up to two U.S. airports during their travel, subject to full customs and immigration inspection when first arriving in the United States.  TWOV passengers were required to be scheduled to depart the United States on the same or a connecting flight within eight hours of arrival or on the next available flight.  The International to International program permitted passengers arriving from foreign countries to transit through one United States airport on the way to another foreign destination.  ITI passengers were subject to immigration inspection only, and were required to remain in a secure holding area – usually an international travel lounge – until departing the United States.

The suspension of the programs means that those who would have taken advantage of TWOV or ITI travel are now required to obtain visas to the United States.  Note that though the program suspensions were intended to be temporary, no lifting of the suspensions has yet taken place.

2.6 Changes and Extensions of Status

The Department of Homeland Security's policies concerning changes and extensions of status are complex and subject to change; where questions arise on these sensitive issues, please contact the Fragomen professional with whom you normally work.

In general, applicants for a change of nonimmigrant status should be aware that traveling during the pendency of the change of status application will cause the application to be deemed abandoned; though the underlying petition is still approvable if travel is undertaken, the applicant will in most situations need to travel abroad, obtain a new visa outside the United States, and then reenter.  In contrast, the government has taken the position that travel during the pendency of an application to extend status should cause the extension application to be deemed abandoned, provided that the applicant meets all the requirements for entry.  Note, however, that this policy has not been officially adopted by the DHS, and has only been verbally communicated by DHS officials.  Because your situation may vary, you should contact the Fragomen professional with whom you normally work to evaluate the facts and circumstances of your case.

3. VISA ISSUANCE PROCEDURES: INTERVIEWS, BIOMETRICS COLLECTION, SECURITY CHECKS AND DELAYS

3.1 Visa Issuance Delays

If you are traveling outside the U.S. and will be applying for a visa at a U.S. consulate or embassy, you should be aware of a number of State Department security procedures currently in place and should also be prepared for delays in visa issuance.  The State Department has warned that visa issuance may take as long as several weeks; most cases will be processed to completion in less time, but in some instances, security clearances may take longer than the stated eight-week period.  If you plan to apply for a visa outside the United States, you should contact the relevant consulate or embassy for specific information on application procedures and processing times.  See http://usembassy.state.gov/ for up-to-date consular contact information.  See http://www.travel.state.gov/visa/tempvisitors_wait.php for information on projected visa appointment and processing times.

3.2 Visa Applications and Personal Interviews; Verification of Visa Petition Approval

Foreign nationals who are currently applying for a visa at a U.S. consulate must submit Form DS-156, the nonimmigrant visa application form. This form is completed online at a dedicated State Department website located at http://evisaforms.state.gov. Once all data fields of the form are completed online, the user clicks a button marked "continue" and a three-page PDF version of the form is generated, with a unique bar code identifier on the first and third pages. All three pages should be printed out and submitted with the visa application.

In the near future, the State Department will transition to a new fully electronic nonimmigrant visa application, Form DS-160. When the new system is implemented, visa applicants will complete an online form that is electronically transmitted to the State Department. Form DS-160 is currently in use in a pilot program at the U.S. consulates in Monterrey and Nuevo Laredo, Mexico only. The electronic form is expected to be implemented at other consular posts in stages over the coming months.

State Department guidelines require most classes of nonimmigrant visa applicants to appear at consulates for personal interviews.  In nearly all cases, you will therefore be required to appear for a personal interview at a U.S. consulate in connection with your nonimmigrant visa application. Most consulates use an online appointment system for visa applicants; use of these systems can result in lengthy waits of four to six weeks or longer for visa appointments.

Previously, consular officers were authorized to waive personal appearances in certain limited circumstances, such as where the applicant sought to renew a previously issued visa or where the applicant was under 17 or over 60.  Currently, however, most applicants will be obliged to appear at the consulate in connection with the State Department's Biometric Visa Program (discussed below), which requires most visa applicants to be fingerprinted and photographed as a part of their visa application.  During this appearance, you may also be interviewed about your visa application and your prospective stay in the United States.

In most cases, before approving the visa application and issuing the visa, the U.S. consulate must verify the approval of the U.S. Citizenship and Immigration Service (USCIS) petition that is the basis for the visa application. To make this verification, the consulate will consult the State Department’s Petition Information Management Service (PIMS), an electronic database that contains information on petition approvals. Please note that it may take several days or more for the consulate to verify the approval in the PIMS system, particularly if the visa applicant was the beneficiary of a petition to change or extend nonimmigrant status. Visa applicants should be prepared for the possibility of delays while the consulate verifies the petition approval.

If you will be applying for a visa at a U.S. consulate, you should contact the consular post at which you will apply for a nonimmigrant visa in order to obtain the latest information on procedures and requirements. See http://usembassy.state.gov/ for consular contact information. See http://www.travel.state.gov/visa/tempvisitors_wait.php for information on projected visa appointment wait times at U.S. consulates and embassies

3.3 Biometrics Collection and Issuance of Machine-Readable Visas

If you are applying for a visa at a U.S. consulate or embassy, you may be required to make a personal appearance at the post so that your biometrics – a photograph and fingerprints – can be taken pursuant to the State Department's Biometric Visa Program.  The Biometric Visa Program requires U.S. consulates and embassies to issue visas that contain biometric identifiers.  Under the program, most nonimmigrant visa applicants between the ages of 14 and 79 will be required to make a personal appearance at the embassy or consulate so that their fingerprints can be scanned.  Visa applicants may also be photographed during the appearance (though some consulates still require applicants to submit photographs with a visa application).  Biometric information captured during the visa application process is later coordinated with fingerprints and photographs taken during the US-VISIT arrival process at the U.S. port of entry (discussed below).

The Biometric Visa Program has caused significant changes in procedure at consulates and embassies, with most consular posts requiring applicants to make an appointment for a visa interview and biometrics collection.  Foreign nationals planning to apply for a visa should contact the relevant consular post to obtain the latest information.  See http://usembassy.state.gov/ for consular contact information.

The biometric visa requirement has caused the State Department to suspend its domestic revalidation service for most foreign nationals (with the exception of foreign nationals holding certain diplomatic visas in the A, G and NATO categories).  Previously, this service had permitted certain nonimmigrant visa holders to apply for revalidation of their visa without the need to travel abroad.  Because the State Department’s Revalidation Unit is not equipped to collect biometrics or conduct personal interviews, the service ceased accepting most revalidation applications as of July 2004, though certain holders of diplomatic or official visas may still apply for revalidation.

3.4 Security and Background Checks

When applying for a visa to the United States, you may also be subject to additional security and background checks.  Though the State Department has provided only limited information on the circumstances that will prompt the checks, the following may trigger additional screening:

• Citizenship, nationality or country of birth.

Since September 11, 2001, special scrutiny is imposed on male visa applicants between the ages of 16 and 45 who were born in or are nationals or citizens of 26 countries with high Arab and Muslim populations.  Though the State Department has declined to release the list of countries on national security grounds, it is thought to include Afghanistan, Algeria, Bahrain, Bangladesh, Djibouti, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Malaysia, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, the United Arab Emirates, and Yemen.  In addition, nationals or citizens of Cuba and North Korea – countries among those that the U.S. has identified as state sponsors of terrorism – are being subjected to increased scrutiny as well.

• Background information.

The State Department requires visa applicants to provide extensive background information, which may trigger more intensive security clearances.  Currently, males ages 16 to 45, regardless of nationality or citizenship, are required to complete State Department Form DS-157, Supplemental Nonimmigrant Visa Application (available athttp://travel.state.gov/visa/frvi/forms/forms_1342.html), which collects wide-ranging information on the applicant’s foreign travel history, education, military service, weapons and combat training, membership in and contributions to charitable organizations and other details.  While the form is mandatory for males ages 16 to 45, consulates and embassies have wide discretion to require all nonimmigrant visa applicants (male and female regardless of age) to complete it.

• Involvement in high-technology fields.

If you work in high technology, engineering, or the sciences, you should be prepared to be questioned closely about the details of your job.  This is also true if you work with products or services that have both commercial and military applications (known as "dual use" technologies).  Visa delays may result as consular officers seek security advisory opinions from federal agencies on your work background.  If an export control license is required for a position, you must ensure that your job activities are within the terms of the license and that your employer can document your compliance with the license.

• Home country references for students and exchange visitors.

All applicants for foreign student visas in the F and M categories and exchange visitor visas in the J category must complete State Department Form DS-158 (available athttp://travel.state.gov/visa/frvi/forms/forms_1342.html), which collects information on the applicant’s family members and work history, and also requires applicants to provide the names, addresses and telephone numbers of at least two persons in the country of residence who can verify information about the applicant.  Consular officers may elect to verify an applicant’s background information with family members, current and former employers and other references.

• Appearance in national security and law enforcement databases.

Consular officers are required to screen visa applicants through the State Department’s security databases and lookout lists, which contain the names of individuals identified as security risks.  A positive “hit” on one of these lists will trigger additional security clearances and may cause the consular officer to seek guidance from State Department headquarters on the further handling of the case; as a result, visas may be delayed or refused.  If you believe that your name may appear in one of these databases, please contact the Fragomen professional with whom you normally work for help in this regard.

4. ENTRY AND EXIT PROCEDURES AT U.S. BORDERS

4.1 The US-VISIT System

Many foreign nationals are required to comply with the entry and exit requirements of the United States Visitor and Immigration Status Indication Technology (US-VISIT) system.  US-VISIT is a "check-in" system that collects biographic information and biographic identifiers from certain foreign nationals entering the United States, to determine whether an individual is eligible to enter the U.S. or should be prohibited from entering because of security risks such as past visa or criminal violations or terrorist connections.  The system is currently in operation at U.S. air, sea and land ports, and at selected pre-flight inspection stations abroad. 

• Who Must Comply with US-VISIT?

Currently, US-VISIT is applicable to nonimmigrant visa holders and Visa Waiver Program entrants between the ages of 14 and 79 who are traveling to or from the United States through a port at which US-VISIT is in operation.  In addition, foreign national crewmembers applying for landing privileges are required to comply with the system's requirements.  Travelers subject to US-VISIT are not required to enter or exit through a port where US-VISIT is in operation, but if their chosen port of entry is a US-VISIT port, compliance with the procedures is obligatory.  Failure to comply where required may result in a foreign national being deemed inadmissible to the United States, in violation of the terms of his or her status, or ineligible for future immigration benefits.

Several groups of travelers are exempt from the system.  These include (1) U.S. citizens and lawful permanent residents; (2) travelers who are under the age of 14 or over the age of 79; (3) certain individuals who hold visas in categories for foreign diplomats, employees of international organizations, travelers in immediate transit through the United States, or NATO representatives and employees; (4) individuals or classes or foreign nationals who have been exempted by the Department of Homeland Security, the Department of State or the Central Intelligence Agency; and (5) individuals who are registered in the National Security Entry Registration System (NSEERS, discussed below), unless those individuals have received an NSEERS waiver.  Most Canadian citizens are exempt from US-VISIT, unless they are entering the United States under a nonimmigrant visa.  In addition, DHS has announced US-VISIT exemptions for Mexican citizens entering the United States using a Border Crossing Card when their stay is within 25 miles from the border (or 75 miles in the case of entry at an Arizona port) and the stay extends for no more than 30 days.  Also exempt are certain officials of the Taipei Economic and Cultural Representative Office.

• Exit and Entry Procedures

US-VISIT adds some steps to the procedures that are undertaken when a foreign national seeks to enter the United States.  Customarily, all foreign visitors will have their travel documents reviewed by an officer of the Customs and Border Patrol (CBP) bureau; the officer will also interview the visitor about the purpose of his or her stay. 

Some foreign visitors are required to undergo additional steps.  Foreign nationals who hold visas or are entering through the Visa Waiver Program and who travel through a port at which US-VISIT entry procedures are in operation are required to provide fingerprints and photographs.  Using an inkless scanner, the CBP officer records prints of both index fingers, one after the other.  The officer also takes a digital photograph of the visitor.  The fingerprint and photographic data, along with information in the visitor’s travel documents, are used to verify the visitor’s identity and will be scanned against law enforcement and national security lookout lists.  Based on the verification results, the visitor will be admitted to the United States or asked to undergo further verification.  If data in the verification process indicate possible national security or law enforcement concerns, the visitor will be referred for additional screening.

There are currently no US-VISIT exit procedures.  Previously, US-VISIT included a pilot program that tested departure procedures  at selected US-VISIT ports.  This pilot program has expired, but the Department of Homeland Security is expected to institute US-VISIT exit procedures in the future.  However, foreign nationals exiting the United States must continue to surrender their Form I-94 Arrival-Departure Record when departing the United States.

4.2 Special Registration in the National Security Entry-Exit Registration System

In September 2002, the U.S. government began registering certain foreign nationals in the National Security Entry-Exit registration System (NSEERS, or "special registration"), so that these individuals could be tracked and monitored throughout their stays in the United States.  Though the goals of NSEERS have been largely superceded by the US-VISIT program (discussed above), special registration still remains a possibility for some foreign nationals.

The program also authorizes the Department of Homeland Security to require foreign nationals who are citizens or nationals of designated countries to appear in person at a DHS office to be registered after entry to the United States (known as “call-in” registration).  Between September 2002 and April 2003, the DHS administered four registration call-ins, which affected male nonimmigrants age 16 and older who are citizens or nationals of Afghanistan, Algeria, Bahrain, Bangladesh, Egypt, Eritrea, Indonesia, Jordan, Kuwait, Lebanon, Morocco, North Korea, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Tunisia, United Arab Emirates and Yemen, with certain exceptions.  Though the DHS has issued no new call-in notices since February 2003, it has the authority to do so at any time.  Therefore, please continue to monitor our firm’s website at http://www.fragomen.com for up-to-date information.  For DHS information on special registration, see http://www.ice.gov/pi/specialregistration.  If you believe that you were required to register during a call-in period but did not meet the deadline for your country of citizenship or nationality, please contact the Fragomen professional with whom you usually work.

• Departure Control for Special Registrant

If you have been entered as a special registrant in NSEERS, either at a port of entry or pursuant to a call-in, and are planning to travel outside the United States, you must be sure to comply with important departure control rules.  As an NSEERS registrant, you may depart the United States only through a port that has been authorized for departure control.  At the authorized port, you must report to a special departure control office, where your departure will be verified and your registration will be closed.  Be aware that departure control offices may have limited hours of operation and may not be conveniently located to your airline.  A list of authorized ports for departure, with departure control office locations, hours of operation and contact information, is available at http://www.ice.gov/doclib/pi/specialregistration/WalkawayMaterial.pdf.  Note that the list of ports of entry for NSEERS departure is substantially different from the list of ports enabled for US-VISIT departure procedures (discussed above).

Departure control serves to close your registration.  If you return to the United States and are required to register on the subsequent trip, a new registration cycle, with its accompanying follow-up obligations and deadlines, begins.  Note that failure to comply with departure control rules may render you inadmissible to the United States should you try to reenter in the future.  Furthermore, a willful failure to report may subject you to criminal penalties and fines.

• Reporting Changes of Address, Employment and School

Special registrants must inform the Department of Homeland Security of any change in their address, employment or school within 10 days of any such change, using Form AR-11SR.  However, changes of address that occur within the first 29 days of a special registrant's stay in the United States do not need to be reported on the form.  Likewise, changes of employment or school that take place within the first 29 days of a special registrant's stay are not required to be reported.  Form AR-11SR is available at http://www.uscis.gov.

Note that all foreign nationals, including lawful permanent residents, are required to inform the Department of Homeland Security of any changes in address, within 10 days of such change.  See below for a discussion of standard change of address procedures.

• Follow-Up Interview Requirement

Some NSEERS registrants may be required to appear for follow-up interviews after their initial registration.  DHS officials have the discretion to designate particular NSEERS registrants for follow-up interviews to determine whether they are in compliance with the terms of their admission and nonimmigrant visas.  Registrants who are selected for follow-up interviewing will be notified individually by a letter or e-mail communication, or through a notice published in the Federal Register.  The notification will instruct the foreign national to appear on a specific date and time at a designated DHS office, unless other instructions are provided in the notice.  According to DHS, registrants will be given at least 10 days to comply with the notice, measured from the date that the notice is published or sent to the registrant.

• Waivers of NSEERS Requirements

If you have been registered in NSEERS, you may apply for exemptions from certain special registration obligations.  However, until an application for relief is approved, you must comply with all NSEERS requirements.  Note also that if you receive an approved waiver of an NSEERS requirement, you must comply with entry procedures under the US-VISIT system if you are traveling through a port at which US-VISIT is enabled, as discussed above.

Relief from departure control.  Any special registrant may seek an exemption from the departure control requirements of NSEERS.  In order to obtain the exemption, the registrant must, prior to his or her departure date, apply to a designated official of the Department of Homeland Security or to the Customs and Border Protection (CBP) field office director of the port from which the foreign national seeks to depart.  The foreign national must show that there are "exigent or unusual circumstances" to warrant the exemption.

Relief from future port-of-entry registrations. NSEERS registrants who make frequent trips to the United States may apply for an exemption from future NSEERS registrations.  To obtain the exemption, the special registrant must submit an application to the CBP field office director of the port at which the registrant most frequently arrives when visiting the United States and must show that there is good cause or exigent or unusual circumstances to warrant the exemption.  In determining whether to grant relief, the field office director may consider the foreign national's mode of travel, business and economic concerns, the purpose of the travel, and other factors.  If granted, relief from port-of-entry registration also includes relief from departure control requirements.

Form of application for relief.  In order to seek an NSEERS exemption, the registrant must send a letter to the appropriate CBP field office director.  The letter should include a detailed description of the type of relief sought, the registrant's name, date of birth, Fingerprint Identification Number (FIN, located on the foreign national's I-94 Arrival-Departure Record), a passport-style photograph measuring 1 inch x 1 inch, the foreign national's alien registration number if available, and any other documents to support the request.  If you are interested in applying for an NSEERS waiver, please contact the Fragomen professional with whom you regularly work.

5. TRAVEL REQUIREMENTS FOR FOREIGN STUDENTS AND EXCHANGE VISITORS

If you are a foreign student in the F or M nonimmigrant visa category or an exchange visitor in the J visa category and you will apply for a visa outside the United States, you must ensure that you have the required documentation, that your enrollment or program participation has been entered into the appropriate government databases, and that you have paid the student and exchange visitor fee, if required.

All schools and exchange programs are required to enter data on foreign students and exchange visitors in the Student and Exchange Visitor Information System (SEVIS).  SEVIS is a tracking and database system used to monitor and collect data on foreign students and exchange visitors, to ensure their entry to and exit from the United States and their proper participation in educational or exchange programs.  Schools must also use the system to generate Form I-20 Certificates of Eligibility for Nonimmigrant Student Status and Form DS-2019 Certificates of Eligibility for Exchange Visitor Status.

5.1 Payment of the SEVIS Registration Fee

If you are seeking to classification as an F or M foreign student or a J exchange visitor, you may be required to pay a fee for registration in SEVIS.  Foreign nationals who receive a Form I-20 or DS-2019 certificate of eligibility with an issuance date of September 1, 2004 or later are subject to the SEVIS fee, unless they qualify for an exemption.  Individuals whose certificate of eligibility was issued prior to September 1, 2004 are not subject to the fee.

Applicable fees.  Foreign nationals seeking status in the F-1, F-3, M-1 or M-3 student categories are assessed a $100 fee. Most J-1 exchange visitors are similarly subject to the $100 fee, though participants in summer work/travel, au pair, and camp counselor programs pay a reduced fee of $35.  Individuals in certain federally sponsored exchange programs are exempt from the fee, as are spouses and dependents in the F-2, J-2 and M-2 categories.  F, J, and M nonimmigrants applying for a visa to return to the United States as a continuing student or exchange visitor are also fee-exempt.  Note that DHS has proposed increasing the SEVIS registration fee, but has not yet done so.

Fee payment.  The SEVIS fee must be paid either electronically or by mail, using DHS Form I-901 (available at http://www.fmjfee.com) so that it arrives at the Department of Homeland Security at least three business days before your scheduled visa interview or, if you are visa-exempt, before an application for admission at a U.S. port of entry, in order for the consular or border officer to verify that payment has been made.  You may pay the fee on your own behalf, but the Department of Homeland Security also accepts fees paid for you by your school, exchange program, a relative, friend or other interested party.

If Form I-901 is submitted by mail, the fee must be paid by check or money order drawn on a U.S. bank and payable in U.S. currency.  Note that many foreign banks are able to issue checks or money orders drawn on U.S. banks.  In the alternative, the fee may be paid electronically by credit card, by submitting an electronic version of Form I-901 through the SEVIS fee payment website, http://www.fmjfee.com.

Your fee receipt.  Once the SEVIS fee is paid, you will receive a receipt from the Department of Homeland Security.  If you submit the SEVIS fee electronically, you will receive two receipts: an automatically-generated online receipt that can be printed out from the SEVIS fee website and a paper receipt sent by mail from the DHS.  If you pay the fee by mail, you will receive a receipt by mail only.  DHS will return the paper receipt by expedited courier service for an additional fee.

You must retain the receipt, which you must bring with you to your visa interview or, if you are visa-exempt, which you must present to the immigration officer at the border.  Though in most cases, the consular or immigration officer will electronically verify that you have paid the fee, DHS has acknowledged that some consulates may not have immediately have access to electronic fee verification.  Where electronic verification is not available, the paper receipt – either that received by mail from DHS or that generated from the Internet payment system – will be the primary means of fee verification.  If you are applying for a change of status to F, M or J, you are not required to submit the paper receipt with your application, since the adjudicating officer will verify your payment electronically through SEVIS.  You should retain the receipt, however; if the officer cannot electronically verify payment, he or she will require you to submit proof of payment.

5.2 Documentation of Your Status

You must ensure that you have the proper documentation of your student or exchange visitor status before applying for a visa at a U.S. consulate or embassy.  As noted above, you must possess a certificate of eligibility for student or exchange visitor status that has been generated through the SEVIS system. In addition, some J-1 trainees and interns require additional documentation relating to the training or internship program in which they will participate.

The SEVIS version of Form I-20 is a three-page document and the DS-2019 is a two-page document, each bearing a bar code.  F-1 students receive Form I-20A-B/Form I-20ID.  Form I-20 must be endorsed by the school’s Designated School Official (DSO) to demonstrate that the student is in good standing and is approved for travel.   J-1 visitors receive Form DS-2019, which must be endorsed by the exchange program’s Responsible Officer (RO) or Alternate Responsible Officer (ARO) to demonstrate that the exchange visitor is in good standing and is valid for travel.  Dependents will receive their own copies of Form I-20 or DS-2019. 

If you will be participating in a J-1 internship or training program and your Form DS-2019 certificate of eligibility was issued on or after July 19, 2007, you must also obtain a completed Form DS-7002, a training/internship placement plan, from your program sponsor. Form DS-7002 describes the training program or internship in detail and is signed by you, by the organization that will be hosting you as a trainee or intern, and the organization that is sponsoring the training program or internship. It is completed before your DS-2019 certificate of eligibility is issued. You must present a completed and signed copy of Form DS-2007 with your visa application or, if you are visa-exempt, to an immigration officer at the border. Note that Form DS-7002 is not required if your DS-2019 certificate of eligibility was issued before July 19, 2007.

5.3 Verification of Your Status

During adjudication of your visa application, the consular officer will consult the SEVIS database to verify your status as an exchange visitor or student.  Your school or exchange program sponsor must enter your database record into SEVIS in order for verification to take place.

Note that there may be a delay between the time that your school or exchange program sponsor enters your information into SEVIS and the time the information becomes available for viewing by the consular officer, with the result that the officer may not be able to immediately issue the F, M or J visa.  In order to alleviate visa issuance problems resulting from the time lag, the Department of Homeland Security has established a correction mechanism for situations in which a SEVIS record does not appear at a consular post until after the prospective student or exchange visitor has applied for a visa.  Your sponsoring institution is instructed to send an e-mail to the government's SEVIS help desk at sevishelp@eds.com.  The email must contain the subject line: "SEVIS Record Not Found in Consular System." The body of the message should contain only the following: (1) your last name and first name; (2) your SEVIS record number (N#); (3) your visa category; (4) the date that your record was entered into SEVIS; and (5) the date of your visa application.  The SEVIS Help Desk should communicate with the consular post regarding fixing the error within two days.

Like other applicants for nonimmigrant visas, students and exchange visitors should be aware that visa processing may be delayed for security clearances and personal interviews.  F, J and M visa applicants are subject to heightened investigations and background checks, and are also required to provide extensive work history and contact information to the State Department on Form DS-158, discussed above.

6. MAINTAINING PERMANENT RESIDENT STATUS

If you are a lawful permanent resident of the United States your green card is evidence of your status, but more may be needed to maintain your status, travel outside the United States without inconvenience, or become a naturalized U.S. citizen in the future.   If you leave the United States for a prolonged period of time, you may jeopardize your permanent resident status and your future ability to naturalize.  

It is important to note that maintaining permanent residence status is different from maintaining U.S. residence for naturalization purposes; some requirements overlap, but there are important differences that must be considered carefully.

6.1 Maintaining Permanent Residence during Lengthy Absences; Obtaining a Reentry Permit

If you plan to be outside the United States for one continuous year or more – for instance, if you are assigned to a new position that is located abroad and will not be traveling back to the United States during the foreign assignment – maintaining status is important so that you may continue to enter the United States as a resident.   Permanent resident status is not always automatically lost by a lengthy absence abroad, but such an absence will be taken into account by USCIS in determining whether you intend to maintain or abandon your status.   In order to maintain status for this purpose, you must preserve sufficient ties to the United States to indicate that you consider the U.S. to be your permanent home.   To determine your intentions, the USCIS will look at several factors, including:

• The length of your absence;
• The reason you are traveling;
• Whether you have a fixed date to return to the United States;
• Whether you have continued to file tax returns as a resident alien;
• Whether you have maintained bank accounts, property and a driver’s license;
• The location of your family; and
• The location of your employment.

Trips outside the United States for less than six months do not usually pose a problem; if you stay outside the United States for less than six continuous months, you should not ordinarily have any difficulty re-entering.   Trips outside the United States of between six continuous months and one continuous year in duration may raise a red flag with an immigration officer upon your return.   You may need to explain your absence, but you should be readmitted to the U.S. based upon your green card, without further documentation.

Reentry permits.   If you travel abroad for a continuous year or more, you will be required to obtain a reentry permit in order to be readmitted to the United States.  You must apply for the permit in the United States and attend a biometrics appointment so that your fingerprints and photographs can be collected before your departure.   U.S. Citizenship and Immigration Services advises reentry permit applicants not to depart the United States before providing biometrics.  If you have urgent travel plans, it is possible to request expedited processing of the reentry permit application.   Please contact your designated Fragomen professional in such cases.

You may depart the United States once your reentry permit application is filed and you have completed your biometrics appointment.   Once your permit is granted, you may collect it at a U.S. consular post or overseas U.S. immigration office, or you may have it mailed to a U.S. address.   The permit is typically valid for two years and is not extendable, though your may apply for a new one.   When you return to the United States, the Customs and Border Protection (CBP) may still investigate whether you have abandoned your permanent residency and may ask about the factors listed above; the permit simply prevents the CBP from relying solely on your absence as a basis for determining whether you have abandoned your permanent resident status.   Note that trips outside of the United States for one continuous year or more may raise issues in connection with any future application for naturalization to U.S. citizenship.   This issue is discussed below.

6.2 Preserving Permanent Residence for Naturalization Purposes

In order to become a naturalized citizen of the United States, you must fulfill several criteria, including requirements concerning your residence and physical presence in the United States.   To qualify, you must continuously reside in the United States for five years after attaining lawful permanent residence (or three years if you are the spouse of a U.S. citizen); you must also be physically present in the United States for at least half of that period (two and one-half years for most aliens, one and one-half years for spouses of U.S. citizens).   For naturalization purposes, lengthy trips outside the U.S. may serve to "break" the continuity of your residence period.   These breaks have serious consequences and may stop the naturalization clock, requiring you to start at the beginning to re-accumulate the necessary years of residence.

In general, an absence of less than six months will not interrupt your continuous residence.   An absence of six months to one year will break continuous residence unless you can give a reasonable explanation for the absence, such as an overseas assignment with your U.S. employer or a lengthy trip to care for an ailing relative.   If you are absent from the U.S. for one year or more, your continuity of residence will be automatically broken for naturalization purposes unless you take specific steps to preserve continuity.

If you plan to remain outside of the United States for a year or more, you may apply to the USCIS for special benefits that will preserve the continuity of your residence during the extended absence.   To qualify for extended absence benefits, you must have been physically present and residing in the U.S. as a permanent resident for one year – with no absence from the U.S. whatsoever – prior to the absence.  During the absence, you must be employed abroad by the U.S. government, a U.S. research institute, a U.S. corporation or subsidiary that is engaged in the development of foreign trade or commerce, or an international organization of which the U.S. is a member (provided that you were not employed by the international organization before becoming a permanent resident).   You must request the extended benefits before you have been absent for one year, and you must also show that your absence is in furtherance of your overseas employment.

Physical presence in the United States is calculated differently from residence for purposes of naturalization.   As noted above, you must be physically present in the U.S. for at least two and one-half years (one and one-half years if you are the spouse of a U.S. citizen).   However, unlike your residency period, your period of physical presence need not be continuous as long as you meet or exceed the minimum time requirement.   The following example demonstrates how both continuous residence and physical presence are counted: You live in the United States for one year after becoming a permanent resident; you are then assigned abroad for two years, having obtained the necessary extended absence benefits.   After the assignment is completed, you return to the United States and remain there for two years.   In this case, you have met the requirement of five years of continuous residence.   You have also met the requirement of two and one-half years of physical presence, since you were physically present for a total of three years, six months longer than necessary.

6.3 Lost or Expired Green Cards

Form I-551 Permanent Residence Cards are typically valid for ten years.   Only the card expires in ten years, not your permanent resident status.   You must apply for a new card before your current card expires.   To do so, you must file a Form I-90 application with U.S. Citizenship and Immigration Services for a new card.   If you lose your green card, you may apply to replace it by submitting an I-90 application to U.S. Citizenship and Immigration Services.

7. ADDRESS CHANGE NOTIFICATION REQUIREMENT FOR ALL FOREIGN NATIONALS

Though not strictly a travel-related requirement, all foreign nationals should be aware of the Department of Homeland Security’s regulations on address change notification.  All non-U.S. citizens, including lawful permanent residents, are required to notify DHS of changes of address within 10 days of such change.   The only foreign nationals exempt from this requirement are nonimmigrants in the A (foreign diplomats) and G (representatives of international organizations) visa categories, and nonimmigrants who are not required to possess a visa and are in the United States for fewer than 30 days. 

Foreign nationals may notify USCIS of a change of address in one of two ways.  The foreign national may file Form AR-11, the Alien’s Change of Address Card, by mail.  The form is available at http://www.uscis.gov/ar-11.  In the alternative, the foreign national may use the agency’s online address change notification system, located at https://egov.immigration.gov/crisgwi/go?action=coa.  If the foreign national chooses to use the electronic notification service, he or she should not file a duplicate paper change of address notification.

Nonimmigrants who are special registrants in the National Security Entry Exit Registration System (NSEERS or "special registration") (discussed above) must notify DHS on Form AR-11SR whenever there has been a change of address, employment or school; the notification must occur within 10 days of such change.  These notifications are not eligible for the electronic system; special registrants must use Form AR-11SR, available at http://www.uscis.gov.

Failure to comply with the address change notification requirements may affect your ability to remain in the United States and your ability to reenter the United States after travel abroad; noncompliance may also be criminally punishable as a misdemeanor, with a fine not to exceed $200 and/or imprisonment of not more than thirty days.  Therefore, it is imperative that you comply with the address change notification requirements, and we recommend that you make a copy of your address change form and other pertinent documents in the event that the Government alleges that you failed to comply.

Note that the change of address you make on Form AR-11 or AR-11SR or through the electronic change of address system will not be communicated to USCIS Service Centers or District Offices. Therefore, if you are an applicant for an immigration benefit, you must also send a written notice of the address change to the relevant USCIS office(s) processing the case. Currently, foreign nationals seeking to change the address on a pending case using the web-based service must print the page containing the confirmation number issued upon the completion of each AR-11 and submit that printout to USCIS in order for case processing system(s) to be updated.

8. CARRYING DOCUMENTATION OF YOUR IMMIGRATION STATUS

U.S. immigration laws and regulations require every foreign national age 18 or older to carry documentation of their lawful registration as a foreign national while in the United States.  Documents acceptable for this purpose include the Form I-94 Arrival-Departure Record; the Form I-551 Permanent Resident Card ("green card"); the Form I-766 Employment Authorization Document (EAD); the Form I-185 or I-186 Border Crossing Card for citizens of Canada and Mexico; the Form I-688 Temporary Resident Card; and the Form I-688A or I-688B Employment Authorization Document or Card.

Failure to carry a required document is a misdemeanor; for each offense, you may be fined up to $100, jailed up to 30 days, or both.  While convictions for this offense are not common, in the current climate of heightened national security concern and more stringent immigration enforcement, you are advised to carry the relevant documents with you or keep them close by at all times.

9. APPLYING FOR THE SOCIAL SECURITY NUMBER

Many foreign nationals entering the United States to work pursuant to a nonimmigrant visa will apply to the U.S. Social Security Administration (SSA) for a Social Security Number (SSN).  Before a Social Security Number can be issued to you, the Social Security Administration (SSA) must verify your nonimmigrant status, using information from the Department of Homeland Security's Nonimmigrant Information System (NIIS) database.  It takes approximately 10 business days from the time you enter the United States for this data to be entered into the system and made available to SSA for verification purposes.  You may therefore wish to wait 10 days after entry to file the application for a Social Security Number, to minimize verification difficulties.  Note, however, that if you depart the U.S. while your application is pending, the system may indicate your departure and your application may be suspended.  You may then have to reapply upon your re-entry to the U.S. We therefore recommend that you remain in the U.S. until your Social Security card is issued.

Copyright © 2008 by Fragomen, Del Rey, Bernsen & Loewy, LLP.