Travel and Border Crossing News: I-94 Form / CBP

Responding to the COVID-19 outbreak, the U.S. Department of State declared the cessation of standard visa services and essentially a travel ban at US embassies around the world in March 2020. At the time, diplomatic services were restricted to U.S. residents and foreign nationals who had to fly quickly for an essential reason.
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The effects of the COVID-19 pandemic on travel restrictions have made it difficult to acquire a nonimmigrant visa, which may be needed to re-enter the United States after traveling abroad. The suspension of routine visa processing at all US embassies and consulates around the world has resulted in backlogs and delays. Thus, “Advance Parole” (“APD”) can be helpful against consular delays.
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Tis the season to be jolly . . . but it is also the season when international travel can be a folly. Many foreign nationals will be traveling outside the U.S. during the holidays. This holiday travel usually extends from the end of November through the middle of February. Of course, for some, holiday travel often entails a visit to Customs and Border Protection (CBP). For others, holiday travel may entail a visit to the U.S. Consulate Office in a home or third-country.

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On Thursday, May 30, 2019, U.S. Customs and Border Protection announced that a new electronic system for filing immigration forms will be introduced in mid-2019. This online program, known as the Electronic Secured Adjudication Forms Environment (e-SAFE), can only be used to file two applications:
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A Agência Americana de Aduana e de Proteção de Fronteiras (CBP na sigla em inglês) vai agora lembrar os viajantes qual é a data limite para que deixem os Estados Unidos, de acordo com os termos de sua admissão ao país, por e-mail e por meio de um novo recurso no site do I-94, que reúne os registros dos viajantes.
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U.S. Customs and Border Protection will now remind travelers of their last possible departure date from the United States, according to the terms of their admission, via email and a new feature on the I-94 website.
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Upon return to the United States from travel abroad, Lawful Permanent Residents (LPRs) or Green Card holders have certain due process rights, including the right to a hearing before an immigration judge before they can be stripped of their permanent resident status. In addition, given increasing reports of CBP inspection of traveler’s electronic devices and/or social media accounts, it is important for Green Card holders or LPRs to understand the risks of refusing such a request.
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Globally, we have seen an uptick in tightened security at airports and borders. For some, it may almost feel like a post-9/11 environment. Emphasis has been placed on the enforcement of many existing policies within our own borders. One policy that is being enforced more broadly at this time is "Border Searches of Electronic Devices" implemented in August of 2009. This policy was put in place by the Department of Homeland Security (DHS) and gives Customs and Border Protection (CBP) the authority to search electronic devices of any travelers seeking to enter the United States.
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Upon issuance of the court orders on January 28th, U.S. Customs and Border Protection (CBP) immediately began taking steps to comply with the orders. Concurrently, the Department of Homeland Security continues to work with their partners in the Departments of Justice and State to implement President Trump’s executive order on protecting the nation from foreign terrorist entry into the United States.
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On January 27, 2017, President Trump signed an Executive Order relating to visa issuance, screening procedures, and refugees. The Executive Order is titled "Protecting the Nation from Foreign Terrorist Entry Into the United States." Designated countries are those identified in INA §217(a)(12) and later added to the list of countries with Visa Waiver restrictions and would therefore include Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. Note that INA §217(a)(12) includes restrictions on people who travel to the designated countries, as well.With the Executive Order in place the government has halted travel for refugees from the 7 designated countries. The exception for refugees that are currently “in transit” found in Section 5(e) of the Executive Order does not apply to people from those designated countries. However, based on authority in the executive order, refugees that are NOT from the designated countries that had been scheduled to arrive in the next few days will be allowed entry to the U.S. upon arrival. There were reportedly no refugees scheduled to travel over the weekend.
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On January 29th, DHS issued a Press Release stating that “The Department of Homeland Security will continue to enforce all of President Trump’s Executive Orders in a manner that ensures the safety and security of the American people”. President Trump’s Executive Orders remain in place—prohibited travel will remain prohibited, and the U.S. government retains its right to revoke visas at any time if required for national security or public safety. President Trump’s Executive Order affects a minor portion of international travelers, and is a first step towards reestablishing control over America's borders and national security.
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