Posts Tagged ‘Trusted traveler’

DUI and Immigration Consequences

Friday, June 14th, 2019 by W. Scott Railton

A colleague recently contacted me to ask about a plea bargain deal for a driving under the influence charge. It is always best to consider this sort of thing before making the deal.  Indeed, the Supreme Court says defense attorneys are required to do so.  In the landmark case of Padilla v. Kentucky, 130 S. Ct. 1473 (2010), the Supreme Court said:

“Petitioner Jose Padilla, a native of Honduras, has been a lawful permanent resident of the United States for more than 40 years. Padilla served this Nation with honor as a member of the U.S. Armed Forces during the Vietnam War. He now faces deportation after pleading guilty to the transportation of a large amount of marijuana in his tractor-trailer in the Commonwealth of Kentucky.

In this postconviction proceeding, Padilla claims that his counsel not only failed to advise him of this consequence prior to his entering the plea, but also told him that he “`did not have to worry about immigration status since he had been in the country so long.'” 253 S.W.3d 482, 483 (Ky.2008). Padilla relied on his counsel’s erroneous advice when he pleaded guilty to the drug charges that made his deportation virtually mandatory. He alleges that he would have insisted on going to trial if he had not received incorrect advice from his attorney….. We agree with Padilla that constitutionally competent counsel would have advised him that his conviction for drug distribution made him subject to automatic deportation.”

Now, back to my colleague’s inquiry. I wanted to relay a quick response. Unfortunately, these aren’t always simple matters. Every case is different, on its facts, and the details can very much matter.

The first step in each case is to identify the immigration status and defense goals.  Here are some threshold questions to consider:

  • First, what is the jurisdiction? Laws and consequences differ state to state.
  • Are there any aggravating factors in the case, such as harms to person or property?
  • Is marijuana, legal or not, involved in the case in any way? While it may not be an issue at the State level, it could become a big issue in future immigration applications or proceedings.
  • Is there any other type of controlled substance that is involved in the case?
  • Was the driver licensed? Were they cited for anything beside DUI?
  • What is the driver’s status in the United States? Visa holders with DUI arrests are having their visas revoked automatically.
  • Were there passengers int he car?  Under 16?
  • Is there an alcohol or drug problem? Government guidance usually requires a panel physician examination.
  • Is there any evidence of a physical or mental disorder? This is potentially a separate basis for inadmissibility.
  • Does the individual have trusted traveler benefits, such as NEXUS and Global Entry?
  • Is there a desire to apply for naturalization in the near future, or even a pending application?

U.S. immigration has gotten harder. These are challenging times for even the best qualified applicants. All potential immigration consequences need to be carefully considered before a plea bargain is struck.

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Posted in General, Marijuana and Immigration, Scott Railton |

Global Entry Enrollment on Arrival Expands to Sea-Tac Airport

Wednesday, November 15th, 2017 by W. Scott Railton

U.S. Customs and Border Protection’s Global Entry trusted traveler program has expanded it’s Enrollment on Arrival to include Sea-Tac airport.  Conditionally approved enrollees can complete their process now by interviewing at the airport.

The Global Entry application fee for a 5 year approval is $100. The agency is not transparent on adjudication standards, but there is little to no tolerance for past criminality. Canadian citizens and residents enrolled in NEXUS may also use the Global Entry kiosks.  The pass can be very helpful in dealing with airport processing times.

Here’s the CBP press release:

Global Entry Enrollment on Arrival Expands to 11 Additional International Airports
Release Date: November 14, 2017

Program is now available in some of the busiest Global Entry enrollment areas and will continue to expand through the remainder of 2017 and into 2018

WASHINGTON—U.S. Customs and Border Protection announced today the expansion of Global Entry Enrollment on Arrival to 11 additional international airports. Enrollment on Arrival enables conditionally-approved Global Entry applicants to complete their interview, the final step of the Global Entry enrollment process, while clearing CBP processing. The program is currently available at nine new locations including Dallas/Fort Worth International Airport (DFW), Detroit Metropolitan Airport (DTW), Minneapolis-Saint Paul International Airport (MSP), Phoenix Sky Harbor International Airport (PHX), Salt Lake City International Airport (SLC), San Diego International Airport (SAN), Norman Y. Mineta San Jose International Airport (SJC), Seattle-Tacoma International Airport (SEA), and Toronto Pearson International Airport (YYZ), and will launch later this week at Denver International Airport (DEN) and Philadelphia International Airport (PHL).

“Global Entry continues to be one of CBP’s most successful and popular programs and we have made it a priority to improve the enrollment process for those looking to join the ranks of Trusted Traveler,” said Acting Commissioner Kevin McAleenan. “Last month, we launched a modernized, mobile-friendly application website making the initial step of the process more user friendly and now with these additional Enrollment on Arrival locations we have added greater flexibility for those looking to complete the enrollment process.”

Since the program’s launch in July, more than 5,200 conditionally-approved Global Entry applicants have completed the final step of the enrollment process at an Enrollment on Arrival location. Enrollment on Arrival is also available at George Bush Intercontinental Airport (IAH), William P. Hobby Airport (HOU), Austin-Bergstrom International Airport (AUS), San Francisco International Airport (SFO) and Vancouver International Airport (YVR).

Conditionally-approved applicants looking to utilize Enrollment on Arrival do not need to schedule an interview appointment ahead of time.

Once a traveler is conditionally-approved, instead of scheduling an interview at a Global Entry Enrollment Center, the traveler can complete the enrollment interview during CBP primary inspection at a participating airport. Upon arrival, travelers will be directed to a primary booth designated specifically for Enrollment on Arrival. A CBP officer will conduct both the primary processing and Global Entry interview and collect the traveler’s biometrics to complete the enrollment. The traveler will then be cleared for entry into the United States and, if approved, will be a Global Entry member.

Currently available at 54 U.S. airports and 15 Preclearance locations, Global Entry streamlines the international arrivals process at airports for trusted travelers. The more than 4.7 million Global Entry members bypass traditional CBP inspection lines and use an automated kiosk to complete their admission to the United States. As an added benefit, Global Entry members are also eligible to participate in the TSA Pre✓™ expedited screening program.

U.S. citizens, U.S nationals and U.S. Lawful Permanent Residents may apply for Global Entry as well as passport holders from Argentina, Colombia, Germany, India, Mexico, the Netherlands, Panama, the Republic of Korea, Singapore, Switzerland, Taiwan and the United Kingdom. Canadian citizens and residents enrolled in NEXUS may also use the Global Entry kiosks.

Interested travelers apply through the Trusted Traveler Programs website. The non-refundable application fee for a five-year Global Entry membership is $100 and applications must be submitted online. Once the applicant successfully passes a background check, a CBP officer will conduct an interview with the applicant at one of the more than 100 Global Entry Enrollment Centers located throughout the U.S., Canada, and Qatar or at an Enrollment on Arrival location and then make a final eligibility determination.

While the goal of Global Entry is to speed travelers through the process, members may be selected for further examination when entering the United States. Any violation of the program’s terms and conditions will result in appropriate enforcement action and may result in the revocation of the traveler’s membership privileges.

Visit CBP’s Global Entry website for more information on the Global Entry Program and the Enrollment on Arrival website for an updated list of available locations.

U.S. Customs and Border Protection 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.

Last published:
November 15, 2017

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Posted in Scott Railton |

Don’t be Caught in the Backlog – Renew Your U.S. Passport Early!

Thursday, January 28th, 2016 by Heather Fathali

Have a U.S. passport expiring in 2016 or 2017? The State Department advises you start the renewal process ASAP to avoid backlogs in processing times. 2016-2017 marks the 10-year anniversary of WHTI, the Western Hemisphere Travel Initiative, which among other things required (for the first time) that U.S. citizens present a U.S. passport when departing or entering the U.S. for air travel within the Western Hemisphere. It also imposed restrictions on the acceptable documents for presentation at U.S. land and sea borders. WHTI resulted in a mad rush of U.S. passport applications, and, because U.S. passports are valid for 10 years, the Department of State now foresees a surge in upcoming renewals.

Depending on your circumstances, U.S. passports may be renewed by mail, in person, and from abroad. The Department of State offers a user-friendly website to assist in the process: https://travel.state.gov/content/passports/en/passports/renew.html.

The New York Times offers a great report on the matter here: http://www.nytimes.com/2016/01/31/travel/passport-renewal.html?smid=fb-share&_r=0

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Posted in General |

Asia-Pacific Economic Cooperation Business Travel Cards Act of 2011

Tuesday, November 15th, 2011 by W. Scott Railton

The Asia-Pacific Economic Cooperation (APEC) Business Travel Cards Act of 2011 was signed into law by the President this past weekend. Sponsored by Representative Larsen and Senator Cantwell, the law allows business persons and certain government personnel to expedite their visa processing and travel processing and access to designated airport travel lanes, to facilitate their travels.

“The president’s signature on this bill means American business men and women will be able to travel more freely to the Asia-Pacific region, expanding opportunities to export American goods to these important markets,” Rep. Larsen is quoted as saying on his website. “This travel card will level the playing field for American business people traveling overseas, giving them the same expedited travel benefits that foreign travel card holders enjoy when they come to the United States.”

The Travel Cards Act authorizes the Department of Homeland Security to work in coordination with the Department of State to develop cards for qualified travelers to use, to expedite their travel. Qualified persons will be able to have their visa applications reviewed faster, take multiple trips to the 21 APEC countries for three years without obtaining new visas, and use the same customs and immigration lanes at airports that air crews use. The Department of Homeland Security already has multiple trusted traveler programs, such as NEXUS, and so presumably these programs will be the model for processing APEC card applicants.

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Posted in General |