DHS Withdraws Proposed Biometrics Rule

On May 7, 2021, the Department of Homeland Security (DHS) announced its decision to withdraw a proposed rule concerning the use and collection of biometrics by U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), and U.S. Immigration and Customs Enforcement (ICE). The rule, originally proposed on September 11, 2020, would have expanded department authorities and requirements for collecting biometrics by removing age restrictions; by requiring submission of biometrics for every applicant, petitioner, sponsor, beneficiary, or other individual filing for or associated with any immigration or naturalization benefit or request unless DHS waived or exempted the biometrics requirement; by codifying the authority to use or require DNA test results; and by authorizing the use of additional types of biometric modalities.

The withdrawal of the proposed rule is consistent with President Biden’s Executive Order 14012, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans, which prioritizes reducing barriers and undue burdens in the immigration system. DHS maintains that it will continue to require submission of biometrics where appropriate and remains committed to national security, identity management, fraud prevention and program integrity.

Serotte Reich will continue to provide updates, as the status of the immigration systems continues to shift frequently. If you need assistance or advisement regarding an immigration matter, please contact us at 716-854-7525 or www.srwborderlawyers.com/contact to schedule a consultation.

Masks Required at All Ports of Entry

In accordance with President Biden’s Executive Order issued on January 21 regarding COVID-19 safety, Customs and Border Protection (CBP) has issued new guidance. Effective February 2, CBP is enforcing the requirement that travelers wear face masks at all air, land and sea ports of entry in the U.S. CBP Officers will require travelers to temporarily lower their mask during the inspection process to verify their identity. Individuals on private transportation such as personal vehicles are not required to wear a mask while driving, but must use a mask once they enter an air, land, or sea port facility.

The Centers for Disease Control and Prevention (CDC) has also issued an Order entitled “Requirement for Persons to Wear Masks While on Conveyances and at Transportation Hubs.” According to these new requirements, everyone over the age of 2 must wear a mask that completely covers the nose and mouth of the wearer while on public conveyances (e.g., airplanes, ships, ferries, trains, subways, buses, taxis, ride-shares) traveling into, within, or out of the United States. People must wear properly fitted masks when awaiting, boarding, traveling on, or disembarking public conveyances or transportation hubs.

According to the CDC guidelines, cloth masks should be made with two or more layers of a breathable fabric that is tightly woven (i.e., fabrics that do not let light pass through when held up to a light source). Masks should be secured to the head with ties, ear loops, or elastic bands that go behind the head and should fit snugly but comfortably against the side of the face. Masks should be a solid piece of material without slits, exhalation valves, or punctures.

The mask requirement does not apply to persons with disabilities, who cannot safely wear a mask due to a disability as defined by the Americans with Disabilities Act, or to individuals for whom wearing a mask would create a risk to workplace health, safety, or job duty.

The mask requirement will remain in effect until further notice. Failure to comply with the mask requirement can result in denial of transport or other civil/criminal penalties under 18 U.S.C. 3559, 3571.

Serotte Reich will continue to provide updates as new developments affecting immigration continue to occur frequently during the COVID-19 pandemic. Please contact our office via our website or by phone at (716) 854-7525 to schedule a consultation if you have an immigration matter that has been affected by the pandemic and have questions or require assistance.

Higgins announces details on ‘essential’ and ‘non-essential’ travel guidelines

The U.S.-Canadian border is subject to new restrictions starting at 11:59pm EDT on Monday, March 20, 2020, limiting crossing at Land Ports of Entry to essential travel only. In an effort to limit the continuing spread of COVID-19, the U.S. Department of Homeland Security (DHS) will temporarily impose these restrictions until 11:59 p.m. EDT on April 20, 2020. After the 30-day period, the restrictions will be reviewed by both parties.

Congressman Brian Higgins has now made the specifics of the directive available, with details provided by the U.S. Customs and Border Protection (CBP) further defining “essential travel.” According to a press release from Congressman Higgins’ offices, “essential travel” includes, but is not limited to:

• U.S. citizens and lawful permanent residents returning to the United States;

• Individuals traveling for medical purposes (e.g., to receive medical treatment in the United States);

• Individuals traveling to attend educational institutions;

• Individuals traveling to work in the United States (e.g., individuals working in the farming or agriculture industry who must travel between the United States and Canada in furtherance of such work);

• Individuals traveling for emergency response and public health purposes (e.g., government officials or emergency responders entering the United States to support Federal, state, local, tribal, or territorial government efforts to respond to COVID-19 or other emergencies);

• Individuals engaged in lawful cross-border trade (e.g., truck drivers supporting the movement of cargo between the United States and Canada);

• Individuals engaged in official government travel or diplomatic travel;

• Members of the U.S. Armed Forces, and the spouses and children of members of the U.S. Armed Forces, returning to the United States; and

• Individuals engaged in military-related travel or operations. 

Traveling for tourism purposes (e.g., sightseeing, recreation, gambling, or attending cultural events) is considered to be non-essential.

According to the press release, the above-listed guidelines apply to passenger rail and ferry travel between the U.S. and Canada, but do not apply to air, freight rail, or sea travel.

If you need assistance or advisement regarding an immigration matter that will be impacted by the new restrictions listed above, please contact us at 716-854-7525 or www.srwborderlawyers.com/contact to schedule a consultation.

Copy of USCIS changes filing instructions for Form I-407

USCIS recently issued a new procedure for filing Form I-407, Record of Abandonment of Lawful Permanent Resident Status. As of July 1, 2019, Form I-407 can only be submitted by mail at the USCIS Eastern Forms Center. 

Prior to this change in policy, if an individual decided to voluntarily abandon their status as a lawful permanent resident (LPR), the form could be submitted at an international field office in person or by mail. USCIS noted that processing time at the Eastern Forms Center is anticipated to be 60 days following receipt. In the event that someone needs immediate proof that they have abandoned LPR status, USCIS stressed that “in very rare circumstances” the form will be accepted in person at an international field office, U.S. embassy or U.S. consulate. In other words, be sure to plan ahead if you require proof that you have abandoned your status as an LPR.

As of July 1, 2019, Form I-407 must be sent to USCIS at the following address: USCIS Eastern Forms Center, Attn: I-407 unit, 124 Leroy Road, PO Box 567, Williston, VT 05495. Documents issued by USCIS—including green cards and reentry permits—should be submitted along with the form.  Form I-407 may also still be submitted in person to U.S. Customs and Border Protection (CBP) at a U.S. port of entry. 

More information about filing Form I-407 can be found on the USCIS website.