Friend, relative, etc. denied entry to the U.S.

Why was I (or my friend, relative, etc.) denied entry to the U.S.?

There are many reasons for a person to be denied entry into the U.S. The most obvious reasons for denied entry include if a person has previously worked illegally in the U.S., is suspected of being an intended immigrant (i.e. planning on staying in the U.S. past the terms of their admission), or of having ties to terrorist or criminal organizations. But there are many more reasons for persons to be excluded from the U.S. Among them are having been found guilty of crimes of moral turpitude (child molestation, rape, fraud, theft, etc.), having been found guilty of a criminal offense (for instance murder or grand theft), having overstayed a previous visit to the U.S., or if the visitor is suspected of having an infectious disease. In addition, tourist visitors to the U.S. are expected to have sufficient funds to support themselves while here – in order to ensure that they will not attempt to find employment in the U.S., which is a violation of the terms of the tourist visa.

Tourist visitors must also be able to demonstrate that they have significant ties to their resident country. This is to ensure that they are not coming to the U.S. with the intent to illegally stay here as an immigrant. In both of these cases, it is up to the visitor to be able to convince a CBP Officer of their intention to abide by the terms of their visa. If the visitor does not appear to have the means to support themselves while here, any alternative arrangements – such as a sponsor who will be paying all expenses – should be clearly identified and be able to be substantiated by the CBP Officer.

It is also possible to contact the U.S. Embassy, Office of Consular Affairs in your resident country to request a waiver. The waiver essentially mitigates a legitimate reason to deny entry on the basis that the previous negative circumstance is no longer a significant concern. Likewise, many countries’ court system will issue a discharge or pardon (the legal term can vary) of a guilty finding if you have not offended again within a certain amount of time. Discharges or pardons may be considered by a CBP Officer to mitigate a reason to deny entry, although they do not guarantee it. As mentioned above, being convicted of some crimes will permanently bar the offender from entry into the U.S

(cbp.gov)

/by

Travel is back, but needs sound policies to stay strong

Travel is back, but needs sound policies to stay strong

WASHINGTON, DC – “Travel continues to be an economic powerhouse,” said US Travel Association President and CEO, Roger Dow, when he recently delivered the State of the Travel Industry address via a video message to the industry.

Dow extolled the industry’s above-average growth rate, emphasized the need to enact travel-friendly policies to keep travel thriving and underscored U.S. Travel’s ongoing commitment to monitor conditions and trends. Excerpts from Dow’s remarks are included below.

On the industry:

“The dynamism of our industry was on full display last year, setting records across the board—2.1 billion domestic trips; 74 million in international visitors; $927 billion in travel expenditures; and 8 million workers directly employed in travel jobs.”

On policy issues:

“Top agenda items include protecting and advancing the Visa Waiver Program; improving travel facilitation, such as the entry process; and modernizing America’s travel infrastructure and airports.

“The U.S. Visa Waiver Program strengthens our homeland security, as affirmed by leading security experts through high levels of intelligence sharing among participating nations…

“Modernizing America’s travel infrastructure, including airports and the air travel system, is central to our nation’s long-term success…This starts with Congress reauthorizing the Federal Aviation Administration and the Federal Surface Transportation programs this year.”

On economic conditions and trends:

“[T]he travel industry does not operate in a vacuum, and we are paying close attention to developments that could impact travel…

“Gasoline prices…have fallen to the lowest level since May 2009. Persistent low prices are good for travel, as people are more likely to hit the road for trips and will have greater purchasing power for other goods and services.

“Since mid-last year, the strength of the dollar has increased by about 7 percent. This is good news for Americans, but what does it mean for inbound international travel? It would take some time for a sustained change to the dollar to have an affect here…[T]he cost of consumer goods here in the U.S. remains lower compared to many other major economies around the world.”

/by

Remembering Viola: Province pardons Desmond

Remembering Viola: Province pardons Desmond

Wanda Robson, left, recalls how her sister Viola Desmond, right, would have been so proud to learn of the province’s free pardon granted to her in 2010. (CONTRIBUTED)

Wanda Robson, left, recalls how her sister Viola Desmond, right, would have been so proud to learn of the province’s free pardon granted to her in 2010. (CONTRIBUTED)

VISIONARY, entrepreneur, pioneer and Canadian hero.

Those words were used at Province House on Thursday to describe the late Viola Desmond as the Nova Scotia government officially apologized and pardoned her.

More than 60 years ago, Desmond, a black Halifax beautician, was jailed and fined for sitting in the whites-only section of a New Glasgow movie theatre.

“On behalf of the Nova Scotia government, I sincerely apologize to Mrs. Viola Desmond’s family and to all African-Nova Scotians for the racial discrimination she was subjected to by the justice system in November 1946,” Premier Darrell Dexter told a packed Red Chamber.

“The arrest, detainment and conviction of Viola Desmond is an example in our history where the law was used to perpetuate racism and racial segregation – this is contrary to the values of Canadian society.”

Unbeknownst to her at the time, Desmond took a courageous step on Nov. 8, 1946, that would later help to eliminate segregation in Nova Scotia.

That day, a New Glasgow police officer dragged the successful businesswoman out of the Roseland Theatre for refusing to give up her seat in the downstairs section, which was reserved for white people. For that, Desmond was jailed for 12 hours. Under theatre policy, blacks were only permitted to sit upstairs.

Desmond, 32 at the time, had gone to the theatre to pass time while her car was being repaired.

In court the next morning, she was convicted of defrauding the provincial government of a penny – the difference in tax on a 40-cent ticket to sit downstairs versus a 30-cent ticket for upstairs.

During her trial, Desmond testified that she had offered to pay the extra 10 cents for the downstairs ticket but theatre staff would not accept it. The provincial tax included in the price was three cents on the 40-cent tickets and two cents on the 30-cent tickets.

Desmond paid a $20 fine, plus $6 for the theatre’s court costs.

On Thursday, Dexter said the government of today recognizes that the behaviour for which Desmond was arrested was an act of courage, not a crime.

“On behalf of the Province of Nova Scotia, I am sorry,” the premier said.

Desmond died in 1965 at age 50.

On Thursday, Lt.-Gov. Mayann Francis granted her a free pardon under the Royal Prerogative of Mercy, the first time in Canada that such a pardon has been granted posthumously.

“Viola is the most recent addition to a series of important Canadian historical figures to receive much-deserved recognition for past injustice,” Francis said.

“History is filled with tales of injustice. It is only on rare occasions – with the clarity of hindsight and benefit of careful thought and measured reason – that a society comes together to undo the wrongs of the past.

“But make no mistake. It is impossible that with the stroke of a pen, and the granting of a free pardon, history is forgotten and the proverbial slate is wiped clean.”

Instead, Francis said, this moment in the story of Viola Desmond will ensure that her legacy lives on in newspapers, legal journals, human rights research, political science debates and race relations studies.

Unlike a federal pardon, the rarely used free pardon is based on a person’s innocence and recognizes a wrongful conviction, the province said.

Desmond’s official certificate of pardon will hang in the legislature.

In a series of stories beginning in March, The Chronicle Herald recounted Desmond’s 1946 arrest and conviction. After the first story appeared on March 6, the Dexter government said it would begin the process of pardoning her.

“There can be no doubt that a grievous error was made,” Dexter said. “The injustice committed against Mrs. Desmond is a part of Nova Scotia’s history, a history that is taught in Nova Scotia’s schools, a history that needs to be kept alive and in our hearts. Nova Scotians cannot and should not forget.”

Desmond’s younger sister, Wanda Robson, said Nova Scotians must learn from her sister’s history-making moment.

“What happened to my sister is part of our history and needs to remain intact,” Robson said. “We must learn from our history so we do not repeat it. If my parents were here today, it would warm their hearts to see Viola recognized as a true Canadian hero.

“I’m numb. I really did not believe all this would come to a political thing, a government thing. She would be so happy, and not only for her personal achievement but for leaving something behind for the young people.”

Last year, Robson, 83, wrote to New Glasgow Mayor Barrie MacMillan asking the town to do something to honour her sister.

MacMillan announced Thursday that the town will unveil a lasting tribute to Desmond during the Black Gala Homecoming in August. The tribute will honour Desmond’s courage, leadership and dignity.

“She is a pioneer in human rights, and we are proud to recognize the contribution she has made in our province and our country,” MacMillan said.

“A terrible wrong occurred and we are here today, inspired by and to pay tribute to, the strength and integrity of Viola Desmond.”

/by

House Bill Would Tighten Requirements For Visa Waiver Program

House Bill Would Tighten Requirements For Visa Waiver Program

A proposed House bill seeks to strengthen requirements under the visa waiver program in place for nationals from certain countries. The Visa Waiver Program Improvement Act of 2015 (H.R. 158), originally introduced by Rep. Candice Miller (R-MI), aims to tighten requirements under the visa waiver program allowing citizens of 38 countries to enter the U.S. for up to 90 days without a visa. Participating countries must meet certain other requirements, including intelligence–sharing, to remain eligible. Rep. Miller’s bill would expand the criteria by which a country may be removed from the program, including for not meeting these information-sharing requirements, and would increase the databases used to perform background checks on individuals entering the U.S. visa-free.

During this week’s House Homeland Security Committee Subcommittee on Border and Maritime Security hearing, Rep. Miller said she hopes her bill will marked up in committee and considered by the full House of Representatives “shortly.”

/by

Deportation could ruin newlywed couple’s ‘fairy tale’

Deportation could ruin newlywed couple’s ‘fairy tale’

/in ,  /by 

Tali Lopez wants a happy ending to her “fairy tale” story.

But six months after marrying an old friend and settling in her native Buffalo, Lopez is fighting for her new husband.

Omar Lopez, a citizen of Spain visiting here on a visa waiver, was arrested after a traffic stop last month and has been held at the Federal Detention Center in Batavia ever since.

Lopez is battling her husband’s deportation – he could be forced to leave at any time – and plans to host a public rally at 10 a.m. Tuesday in Niagara Square to solicit support for him.

Friends and family say Lopez’s deportation is an overreaction to a relatively minor infraction. He overstayed his visa waiver by several months.

Even worse, they say, the government’s prosecution is tearing apart a family with deep roots in Buffalo. The family includes his infant stepdaughter, Mila, whom he plans to adopt, and dozens of relatives.

“He just wants to work and support his family,” said Julie Kruger, Lopez’s lawyer.

Kruger has appealed to U.S. Immigration and Customs Enforcement, the agency that detained Lopez, and hopes ICE will grant a stay that would allow him to remain in Buffalo.

Lopez’s case is the latest in a series of deportations across the country that immigration lawyers and other critics say indicates the Obama administration’s hypocritical approach.

The administration has publicly indicated it would focus deportation efforts on criminals and other high-risk detainees, not law-abiding visitors married to U.S. citizens.

If that’s the case, Kruger said, then why is Lopez still in custody?

“He is not an enforcement priority at all,” she said.

Lopez is here on a visa waiver program that allows visitors from certain countries to stay in the U.S. for 90 days. His deadline for leaving passed last May. He elected to stay and, according to his wife, had begun the process of applying for permanent resident status.

Tali Lopez says she and her husband met four years ago in Spain

She returned to the U.S. and he eventually followed. They decided to marry and live here.

Lopez says her husband also decided to seek permanent residency and hired an immigration consultant. It still took several months to complete the paperwork, she said, and before they could finish, he was pulled over for a traffic violation on Feb. 12.

Found to be driving without a license and in the country illegally, he was arrested and ordered detained in Batavia.

The final decision was made, not by an immigration judge, but by Michael T. Phillips, ICE’s field office director in Buffalo.

“As a visa overstay, his case is a priority under the agency’s current enforcement strategy, which focuses on individuals who have abused the visa or visa waiver programs,” said ICE spokesman Khaalid Walls.

Officials also noted that, under the visa waiver program, Lopez was subject to mandatory detention.

Tali Lopez says she has written two letters to Phillips since her husband was sent to Batavia, and he shows no signs of altering his decision.

Still, she holds out hope that something will change his mind. “I want him to consider that we are, one, a family, two-thirds of which is American,” she said of her herself and Mila. “We want, above all, to be together and to be in this country. It’s my country. I don’t want to have to leave it.”

Lopez says she and Mila will, if necessary, follow her husband back to Spain. She also says she feels like she’s the one being forced to leave.

“I don’t want to be deported,” she said. “I want to stay in the United States. I want to raise my family here.”

email: pfairbanks@buffnews.com

/by