US-VISIT Frequently Asked Questions

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BACKGROUND INFORMATION

Introduction

The Department of Homeland Security's US-VISIT program, which will serve to protect the United States and its territories from threats to national security, is one of the Agency's top priorities. The program will initially provide the capability to record the entry and exit of non-US citizens into and out of the United States, and provide officials with information about persons who are in the United States in violation of the terms of their admission to the United States. The US-VISIT Program will initially apply to non-immigrants (with limited exceptions) holding non-immigrant visas.

The goals of US-VISIT are to:

• Enhance the security of our citizens and visitors
• Facilitate legitimate travel and trade
• Ensure the integrity of the immigration system
• Safeguard the personal privacy of our visitors

What are the laws authorizing the US-VISIT Program?

The principal law that mandates the creation of an automated entry exit system that integrates electronic alien arrival and departure information is the Immigration and Naturalization Service Data Management Improvement Act of 2000 (DMIA). DMIA amended previous legislative requirements for an entry exit system that would record the arrival and departure of every alien who crosses the US borders.

DMIA requires that the entry exit system consist of the integration of all authorized or required alien arrival and departure data that is maintained in electronic format in Department of Justice (now Department of Homeland Security) and Department of State databases. This integrated entry exit system must be implemented at all air and sea ports of entry by December 31, 2003 using available air and sea alien arrival and departure data as described in the statute.

How did the terrorist attacks of September 11, 2001, affect the implementation of the system?

The tragic acts of September 11, 2001 increased the urgency to create a comprehensive entry/exit system, and the Congress passed two important acts that have a significant impact on the US-VISIT Program:

• In the USA PATRIOT Act, Congress expressed a requirement for "speed" in the implementation and included the requirement that the White House Office of Homeland Security (OHS) be consulted with respect to the establishment of the Entry and Exit Program. The PATRIOT Act also introduced the concept of biometrics to establish a technology standard that would be used in the development of the US-VISIT System.

• The Enhanced Border Security and Visa Entry Reform Act expanded on the USA PATRIOT Act and the Data Management Improvement Act by directing increased requirements for US-VISIT System integration, interoperability with other law enforcement and intelligence systems, biometrics, and accessibility.

What agencies under the Department of Homeland Security are working together to create the US-VISIT Program? What other Departments or agencies are working with DHS?

The US-VISIT Program team consists of representatives from the various components of DHS responsible for border security, including the US Immigration and Customs Enforcement, US Customs and Border Protection, and the Transportation Security Administration. US Citizenship and Immigration Services is also represented. Other DHS components that assist the US-VISIT team include the Directorate for Management and the Science and Technology Division. In addition, outside the DHS, the team consists of representatives from the Department of Transportation, the Department of State, The Department of Commerce, the Department of Justice and the General Services Administration.

Who is responsible for enforcing the program?

The Secretary of Homeland Security is responsible for enforcing the provisions which are the basis for establishing a comprehensive entry/exit system. Within the Department of Homeland Security, the Under Secretary for Border and Transportation Security is responsible for implementing US-VISIT.

How will the US-VISIT entry procedures work?

Many of the procedures in place today will remain unchanged and are familiar to international travelers. A US Customs and Border Protection Officer will review each visitor's travel documents, such as a visa and passport, and ask questions about the visitor's stay in the US In addition, the US Customs and Border Protection Officer will use an inkless digital "fingerscanner" to electronically capture two "fingerscans" of arriving visitors holding visas. The visitor will be asked to put the left index finger and then the right index finger on the scanner. The Customs and Border Protection Officer will also take a digital photograph of the visitor.

The biographic and "fingerscan" data will be used to verify the identity of the visitor and will be compared against watch lists. At that point, the US Customs and Border Protection Officer will either admit the visitor or conduct additional inquiries based on the verification results. These procedures should reduce fraud, identity theft, and the risk that terrorists and criminals will enter the United States undetected.

How does a US Customs and Border Protection Officer determine that a person requires additional or secondary screening?

If the data provided indicates possible national security concerns, other law enforcement concerns, improper documentation, or any other ground of inadmissibility to the United States then the officer will refer the visitor for additional screening or assistance.

What is the process for visitors with visas exiting the US?

On January 5, 2004, the US-VISIT program office began a pilot test of departure confirmation systems, beginning with an automated exit kiosk. When leaving the country from certain ports, visitors with visas will 'check out' at an automated self-service kiosk, located within the secure area of major international airports or seaports, where visitors with visas will scan their travel documents and repeat the digital "fingerscanning" process on the inkless device. If additional assistance is needed, a US-VISIT attendant will be available to assist with the "fingerscanning" and document scanning process. In 2004, US-VISIT will pilot several alternatives for exit and after an evaluation, select the most effective process.

What happens after a person ‘checks out’? How quickly will you know if they have overstayed their visit?

The arrival and departure records will be stored in the Arrival/Departure Information System (ADIS). This information will verify if an individual has complied with the admission terms of his or her visa. It is important that those required to go through departure control comply, so that they may be re-admitted to the United States on future visits.

ADIS data is constantly updated, and if a visitor overstays his or her allotted time, US-VISIT will record the failure to depart.

How will you check to identify if a visitor has overstayed his or her visit?

Arrival and departure records are reconciled, and any inconsistency allows US-VISIT to determine when a visitor has overstayed.

What are the consequences for an individual who overstays his or her visa?

Depending upon the individual circumstances, an individual who violates immigration laws by overstaying his or her period of admission may be subject to removal from the United States and may be barred from future entry, or from receiving a new visa.

Will US-VISIT apply to people of all ages (babies, the elderly, disabled, etc)?

Specific classes of diplomats and some other officials are exempt from biometric enrollment under US-VISIT. There are also other exemptions, such as visitors under age 14 and over age 79 will also be exempt from US-VISIT procedures.

The US VISIT Program will initially apply only to foreign visitors seeking admission on non-immigrant visas and will not include visitors seeking admission under the Visa Waiver Program or lawful permanent residents (green card holders).

At this time, the US VISIT Program will not apply to foreign visitors seeking entry at land border ports of entry.

The Department of Homeland Security will publish a federal register notice on January 5, 2004 that will indicate the classes of foreign nationals that will be initially required to comply with the US VISIT biometric requirements and will also list the air and sea ports where the entry and exit components of the US-VISIT system will initially be operational.