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USCIS issues Policy Memoranda on Changes to B-2 Status and Extensions of B-2 Status for Cohabitating Partners and Other Nonimmigrant Household Members

USCIS has recently issued a Policy Memoranda on, the Changes to B-2 Status, and Extensions of B-2 Status, for Cohabitating Partners and Other Nonimmigrant Household Members.

Cohabitating Partners:

USCIS has clarified that a cohabitating partner’s relationship to the nonimmigrant principal alien in another status will be considered a favorable factor in allowing them to obtain or remain eligible for B-2 classification. It further clarified that when considering a change of status to and/or multiple extensions of B-2 status for the cohabitating partner, the finite nature of the stay, rather than the duration of the stay or number of extensions sought, is controlling with respect to nonimmigrant intent. However, it has also informed that a finding that the principal nonimmigrant lacks nonimmigrant intent (demonstrated, for example, by filing of an Adjustment of Status application by the principal nonimmigrant) could be considered as a negative factor in the exercise of discretion by the USCIS while deciding on the Change/Extension request of the Cohabitating Partner.

Other Nonimmigrant Household Members:

Considering a “household member” of a principal nonimmigrant as an alien who regularly resides in the same dwelling as the principal nonimmigrant and with whom the principal nonimmigrant maintains the type of relationship and care as one normally would expect between nuclear family members, USCIS clarified that a change to and/or one or more extensions of B-2 classification is appropriate in the exercise of discretion for household members of a principal nonimmigrant visa holder, when other eligibility requirements are met.

Similar to the policy for Cohabitating Partners, when considering a change of status to and/or multiple extensions of B-2 status for eligible household members of a principal nonimmigrant, the finite nature of the stay, rather than the duration of the stay or number of extensions sought, is controlling with respect to nonimmigrant intent, but a finding that the principal nonimmigrant lacks nonimmigrant intent could be considered as a negative factor in the exercise of discretion by the USCIS while deciding on the Change/Extension request of the Cohabitating Partner.

Chinese Tourist and Business travelers have reason to cheer

Beginning January 15, 2005, eligible Chinese nationals who wish to visit the United States temporarily for business (B-1) or tourism (B-2) will be issued visas that are valid for 12 months and multiple entries. The previous maximum validity for U.S. visas issued for these purposes was six months and for multiple entries.

The Chinese Ministry of Foreign Affairs has also agreed to reciprocally issue to U.S. citizens visiting China on temporary business and tourism visas valid for 12 months and multiple entries.

The U.S. Embassy in Beijing and the Chinese Ministry of Foreign Affairs exchanged diplomatic notes on this agreement in December 2004. While the United States and China will in principle issue maximum validity visas to each other’s citizens, on a case-by-case basis, each side may limit the period of validity and number of entries as required by law and regulation.

The mutual extension of visa reciprocity will be a significant benefit to business and tourist travelers between China and the United States. Frequent American citizen travelers to China will save time and money with longer visa validity. Frequent Chinese travelers receiving longer validity visas will need to visit the U.S. Embassy or Consulates in China less often to renew visas, freeing embassy and consulate resources to adjudicate other visa applications more quickly.

In 2004, the U.S. Embassy and the four U.S. consulates in China issued 228,600 nonimmigrant visas. Of these, 173,140, or more than 77 percent, were temporary visas for business (B-1) or tourism (B-2).

“Know before you visit” – CBP’s tips for visitors to the U.S.

U.S. Customs and Border Protection (CBP) today launched a traveler awareness campaign to inform the millions of visitors who will travel to the United States this holiday season. CBP's priority mission is to keep terrorist and terrorist weapons out of the U.S. while facilitating the flow of trade and travelers. For a speedy and trouble free entry into the U.S., visitors are reminded to ensure that they have the proper documentation and are well informed on U.S. entry requirements and procedures.

"The United States is a welcoming nation," said Commissioner Bonner. "While CBP has stepped up security at the land, sea, and air ports of entry across our country, we are committed to treat the entry of every legitimate traveler as professionally and fast as possible. By knowing the regulations and what to expect, all international visitors can facilitate their entries and have safe, secure, and enjoyable visits to the United States."

On your way to the United States you may be given a Customs and Border Protection declaration form. Fill it out entirely and sign the bottom. You may also be given a form I-94 (white) or a form I-94W (green). This will ask you for basic identification information and the full address where you will be staying in the United States.
When you arrive at a port of entry in the United States you will be inspected by an officer of the U.S. Customs and Border Protection. Be prepared to tell the officer the purpose of your trip and how long you wish to stay.
Most travelers will have a digital photo and two finger scans taken by the officer. This will only add a few seconds to the interview. Be sure to follow the instructions of the CBP officer.
Make sure you have a valid nonimmigrant visa and a passport valid for six months beyond your initial stay in the United States. There are some exceptions to this requirement.
If you are a temporary visitor for business or pleasure, and wish to stay for up to six months, you must apply for a B1/B2 visa at the U.S. Consulate in your country.
If you are planning to travel for another purpose, e.g. student, temporary worker, crewperson, journalist etc. you must apply for a different visa in the appropriate category through the Department of State at an American Embassy or Consulate abroad.
If you are a citizen of a visa waiver country, you may apply for entry without a visa if you are seeking entry for 90 days or less for business or pleasure. Check to make sure your intended purpose of travel falls within the guidelines.
If you stayed beyond the 90 days allowed under the Visa Waiver Program on your last visit to the U.S.—you are required to get a visa (at a U.S. Consulate in your country) for your next visit to the United States.
Remember, even though certain individuals may be exempt from visa and/or passport requirements, the burden of proof is on the applicant to establish eligibility to enter the United States. Carrying proof of citizenship will help determine this
Some items may be prohibited from entry, have to meet certain requirements, or require a license or permit. If you would like to bring in any of the following, make sure you find out the rules and regulations concerning them:
- Absinthe
- Biological materials
- Endangered species and their products
- Wildlife
- Meat, poultry, eggs and their products
- Fruits, vegetables and plants
- Hazardous materials
- Weapons
There is no limit to the amount of money (U.S. or foreign) you may bring into or take out of the United States. If you have more than 10,000 dollars or foreign equivalent, however, you must report this to the Customs and Border Protection officer upon entry and/or departure.
Medicine containing habit-forming drugs must be clearly identified. Carry only the amount you normally need. Also bring a prescription or statement from your physician explaining that the medicine is necessary for your well being.

This is a brief overview of U.S. Customs and Border Protection requirements. Visiting the United States describes the rules in detail. A copy of this brochure can be ordered at CBP's web site at http://www.cbp.gov/xp/cgov/toolbox/publications/order/. You may also call and request a copy from U.S. Customs and Border Protection in Washington, D.C., at 1-877-CBP-5511 or 202-354-1000.

CBP Officers directed to enforce law with Common Sense on Visa Waiver Overstayers

Washington, D.C. - U.S. Customs and Border Protection (CBP) Commissioner Robert C. Bonner announced today new discretion for CBP officers to grant no-risk travelers who overstayed under the Visa Waiver Program (VWP) on a prior visit a one-time parole. The use of discretion by CBP supervisors will avoid the detention and handcuffing which Commissioner Bonner said was "inappropriate" for minor violations of the Visa Waiver Program.

Commissioner Bonner stated: "A number of situations have come to my attention where CBP officers have denied entry to travelers from Visa Waiver Countries, on their arrival at U.S. airports, because of brief, prior overstays, sometimes just a few days, of the Visa Waiver Program, although these travelers posed no threat whatsoever to the U.S. The consequence of the decision has been that the person has been detained, often overnight, until a flight back to the country from whence they came and handcuffed while transported to and from the detention facility. This treatment is grossly disproportionate to the inadvertent prior overstays. By my action today, I have directed CBP port directors and supervisors to see that parole is granted to permit entry, except where the person poses a threat for terrorism, criminality or is likely to become an economic migrant."

"U.S. Customs and Border Protection is a law enforcement agency, but enforcement must always be tempered with common sense. If individuals are not a potential terrorist threat or criminal threat; nor are likely to contribute to the illegal population, and the overstay was short and inadvertent or for reasons beyond the applicant's control, CBP officers and supervisors have the authority to parole them into the U.S.," added Commissioner Bonner. "Minor violators, who are no threat to the security of the U.S., should not be denied entry and be subject to handcuffing and detention. Granting this authority will help counter the disproportionate impact on travelers who pose no threat to the U.S. The action I have taken in no way lessens our commitment to keep terrorists and terrorist weapons out of the country. In fact, it allows CBP's frontline in the war on terror to remain focused on stopping terrorists and other threats to U.S. security."

The Visa Waiver Program permits nationals from designated countries to apply for admission to the United States for 90 days or less as non-immigrant visitors for business or pleasure without first obtaining a visa. Under the Visa Waiver regulation, those individuals who overstay as part of the Visa Waiver Program must obtain a visa for subsequent visits to the U.S.

With this new authority, CBP port directors and supervisors at ports of entry can grant no-risk travelers who are VWP overstays a one-time parole into the U.S. Parole is granted on a case-by-case basis and those who receive it will be informed of their status as a Visa Waiver overstay and the need to obtain a visa for any future visits to the U.S. This additional discretion will give CBP more control in the field to parole those who pose no risk for terrorism, criminality, or those who will become economic migrants.

Commissioner Bonner cited "the extensive training, dedication and professionalism of CBP officers and their supervisors in the field" as a reason to place more authority in their hands. "I am confident that we can rely on the good judgement of our frontline officers and their supervisors to do what is legal, fair, and necessary to protect the United Sates. We will continue to exercise our discretion to deny entry to anyone who poses a potential terrorist risk or whose purpose for entering appears to be inconsistent with the purposes for visiting permitted by his visa or the Visa Waiver Program. Travelers whose intent is to violate our laws are the individuals that CBP will concentrate on," Bonner said.

Commissioner Bonner's memorandum to the field stated that CBP's failure to admit certain visitors without formal approval "is causing and will continue to cause significant public detriment to the United States" and that "under the limited circumstances such disproportionately harsh treatment warrants a modification of CBP policy. I have concluded that there is an urgent humanitarian reason and a significant public benefit in granting parole where an individual seeking admission under the Visa Waiver Program poses no risk whatsoever."

U.S. Customs and Border Protection (CBP) is the unified border agency within the Department of Homeland Security charged with the management, control, and protection of our Nation's borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.

DHS to Begin Biometric Exit Pilot as Part of USVISIT Program

As a part of the border management system introduced at airports and seaports earlier this year, the U.S. Department of Homeland Security (DHS) today announced that it will pilot and evaluate US-VISIT automated biometric exit procedures for foreign visitors.

The exit pilot program will be expanded from its current locations, Baltimore - Washington International Airport and Miami's International Cruise Line Terminal, to Chicago O'Hare International Airport beginning in August 2004. It will be piloted at the following airports and seaports in September 2004:

Atlanta, Georgia (William B. Hartsfield International Airport)
Dallas/Fort Worth, Texas (Dallas/Fort Worth International Airport)
Denver, Colorado (Denver International Airport)
Detroit, Michigan (Detroit Metropolitan Wayne County Airport)
Newark, New Jersey (Newark International Airport)
Philadelphia, Pennsylvania (Philadelphia International Airport)
Phoenix, Arizona (Phoenix Sky Harbor International Airport)
San Francisco, California (San Francisco International Airport)
San Juan, Puerto Rico (Luis Muñoz Marin International Airport)
Seattle, Washington (Seattle/Tacoma International Airport
Los Angeles, California (San Pedro and Long Beach Seaports)

Any foreign visitor with a visa who leaves the United States through one of the pilot locations is required to comply with the exit procedure. After September 30, 2004, visitors traveling under the Visa Waiver Program (VWP) will be required to comply.

"We will begin testing processes that will make exiting quick for visitors and effective for security," said Asa Hutchinson, Under Secretary for Border and Transportation Security at the Department of Homeland Security. "We must implement a straightforward exit process to ensure that individuals adhere to the terms of their admission. This supports our efforts to strengthen homeland security and ensure the integrity of our immigration system."

As this is a pilot program, US-VISIT will analyze the benefits and challenges of each exit process in order to better develop a system that enhances security while facilitating legitimate travel and ensuring privacy.

The exit procedures being piloted require foreign visitors to check out at an automated exit kiosk or with a US-VISIT exit attendant at the departure gate at the port. Foreign visitors will go though one of the following two processes, depending on location.

Under one alternative, visitors departing the United States will check out of the country at exit kiosks located within the airport or seaport terminal. As with the process the visitors encounter upon entry, their travel documents are read, their two index fingers will be digitally scanned at the exit kiosk, a digital picture will be taken and they will receive a printed receipt that verifies that they have checked out. An exit workstation attendant will be available to assist with visitors' check out. Visitors also may be required to present the receipt at their departure gate to confirm that they checked out at the exit kiosk.

Another alternative under the pilot program is a biometric check-out process with a US-VISIT exit attendant stationed at visitors' departure gates.

To help the process run smoothly, foreign visitors will receive a printed card explaining the exit process from U.S. Customs and Border Protection when they arrive in the United States. Also, directional signs are strategically located throughout the airports and seaports.

US-VISIT is a continuum of security measures that begins overseas and continues on through entry and exit at U.S. airports and seaports and eventually, at land border crossings. The US-VISIT program enhances the security of U.S. citizens and visitors by matching the identity of visitors with their travel documents. At the same time, it facilitates legitimate travel and trade by leveraging technology and the evolving use of biometrics to expedite processing at our borders.

The first phase of US-VISIT launched on January 5, 2004, when DHS deployed the new biometric entry capabilities at 115 airports and 14 seaports and began testing a biometric departure confirmation system at two locations. Since then, millions of foreign visitors have been processed without impacting wait times and it is working. US-VISIT has helped to prevent hundreds of criminals and immigration violators from entering the country. Before the biometric component of US-VISIT, these people might have gotten through our system and into our country.

Biometric technology - digital finger scans and digital photographs - helps make US-VISIT simple and effective. In fact, the use of biometrics for identification is fast becoming the standard, and much of the world is following the trend.

US-VISIT is helping us demonstrate that we remain a welcoming nation and that we can keep America's doors open and our nation secure. For more information on US-VISIT, or to learn more about the new exit procedures, please visit the US-VISIT Web site at www.dhs.gov/us-visit.