Latest news with #I-94
Hindustan Times
3 days ago
- Politics
- Hindustan Times
A CBP Mystery Points to Lawfare
Something seems to be rotten at the U.S. Customs and Border Protection office in Orlando, Fla., where a fake U.S. entry document for an adviser to former Brazilian President Jair Bolsonaro has been posted on its official website not once but twice since 2024. Cellphone data, credit card receipts and the passenger manifest for a commercial flight that Filipe Martins took in Brazil on Dec. 31, 2022, prove that he couldn't have entered the U.S. late on the night of Dec. 30, 2022, as CBP Orlando first alleged in March 2024. When these facts were brought to the attention of the Homeland Security Department, it agreed that Mr. Martins couldn't be in two places at one time. In June 2024 it took down a bad entry log. This month it suddenly reappeared on CBP Orlando's website. The truth matters to Mr. Martins because he's being investigated in Brazil by Supreme Court justice Alexandre de Moraes for playing a role in an alleged Bolsonaro conspiracy to overthrow President Luiz Inácio 'Lula' da Silva. Since there is no Brazilian record of Mr. Martins exiting Brazil, as required by law, Mr. de Moraes says Mr. Martins's entry into the U.S., as alleged by CBP Orlando, shows he sneaked out of the country and could do it again. Mr. Martins was arrested in February 2024. Since March 2024 Mr. de Moraes has been using false CBP claims to brand Mr. Martins a flight risk. Naturally Mr. Martins's lawyers want the record corrected. They also want to know who created the phantom entries and when. CBP refuses to share that information. For U.S. national security reasons, the Homeland Security Department should also want to know. There is no obvious American motivation for inventing a Martins trip when it didn't happen. But someone working inside CBP on behalf of Brazilian political interests opposed to Mr. Bolsonaro would have a motivation. With scant evidence to support his theory that Mr. Bolsonaro was plotting a coup d'état against Lula, Mr. de Moraes is relying on plea deals to build his case. Things aren't going well. In audio, leaked in March, the prosecution's star witness can be heard blaming coercion for the testimony he gave against Mr. Bolsonaro. At a pretrial hearing on Thursday, Mr. Martins told the court he believes his detention, at times under inhumane circumstances, is aimed at achieving similar results. When accused by critics of heavy-handed actions, Mr. de Moraes says he's defending Brazilian democracy. The legal record at a U.S. port of entry for every traveler is an electronic I-94. Mr. Martins's lawyer, Ana Bárbara Schaffert, told me last week that when she was working to get her client released in April 2024, she emailed CBP Orlando to request the Martins I-94 for the alleged trip. Orlando replied that it had no Martins I-94 for that date and that his latest entry into the U.S. had been at New York's Kennedy Airport in September 2022. Since Mr. Martins had properly informed Brazilian authorities of that trip, she was satisfied that the matter had been resolved. Two weeks later, Mr. Martins hadn't been released. So Ms. Schaffert called the CBP office at Kennedy to get a copy of the aforementioned September 2022 I-94. An official there surprised her by telling her that the computer was now showing a Martins I-94 for Dec. 30, 2022, in Orlando. Mr. Martins's name was misspelled on the I-94 and the document number was from a passport reported lost in 2021. Mr. Martins was imprisoned for 183 days, long after the fraudulent I-94 was deleted from the CBP webpage and the Brazilian court had been provided the correction. In August 2024 he was released from prison but is under domiciliary arrest in Ponta Grossa, Paraná state. Mr. de Moraes hasn't acknowledged the false travel narrative. He continues to rely on the CBP's never-corrected 'travel history' webpage—which is not a legal record—to justify Mr. Martins's detention. He may not leave his city of residence. He wears an ankle monitor and is banned from speaking to the press or using social media. Mr. Martins's lawyer received no response from a complaint she filed with the Homeland Security inspector general. She also filed two Freedom of Information Act requests asking for the logs that would show who created the entry records and when. She says a 'generic answer' came back claiming they 'didn't have the information to respond.' In January she filed a lawsuit in Florida against Homeland Security and CBP to secure the I-94 document logs. In an effort to settle, officials produced them but redacted the name of the person who created them and the dates they were created. DHS told me last week it couldn't comment due to 'pending litigation.' This month CBP gave Brazilian prosecutors another assist by reposting the fake Martins I-94 on its website, complete with the misspelling of Mr. Martin's first name and the lost passport number. What's worse? The crime or the coverup? Write to O'Grady@
Time of India
24-07-2025
- Business
- Time of India
Planning a US trip? Donald Trump's new policy may add extra Rs 20,000 to your visa cost - Here's all you need to know
Planning a trip to the United States? Get ready to pay a new Rs 22,000 ($250) visa fee under a new policy introduced by the Trump administration. The fee, part of a broader domestic policy law aimed at tightening immigration controls, has triggered alarm within the global travel and tourism industry. What is the fee and who will have to pay it? The new charge, called a 'visa integrity fee,' applies to anyone applying for a non-immigrant visa to the US, The New York Times reported. This includes tourists, students, business travelers, temporary workers, and medical visitors. The $250 fee is in addition to the existing $185 non-immigrant visa application cost, bringing the total to $435 for affected applicants. In 2024 alone, more than 11 million people were issued non-immigrant visas, according to US State Department data. Who will have to pay the fee? The new fee will affect travellers from countries such as India, Mexico, Brazil, and China, all of which are outside the US visa waiver program. Anyone applying for a non-immigrant visa, such as for tourism, business, work, or study, will be required to pay the fee. However, not all travellers will be impacted. Who won't have to pay the fee? Travelers from visa waiver countries, which include most of Europe, as well as Australia, the UK, Japan, South Korea, Israel, Chile, and Qatar are exempted from the new charge. Most Canadian visitors are also not affected by the fee. Will the travellers get a refund? Possibly—but there is still confusion around whether the new fee can be refunded. Officials say it may be refundable, but the process remains unclear. Travelers may be eligible for reimbursement after their trip, provided they comply fully with the terms of their visa. However, the law does not currently spell out how such refunds would be processed or when travelers can expect to receive them. How will it affect tourism? The tourism industry is voicing concern that the new fee could discourage international visitors. While the broader law includes provisions to improve immigration systems and travel infrastructure, many industry leaders believe the added costs will act as a barrier. Geoff Freeman, president and CEO of the US Travel Association, welcomed the law's aims to improve security and infrastructure but called the new visa fees 'foolish,' warning they could hurt international tourism to the US. Parisa Karaahmet, a partner at immigration law firm Fragomen, said the lack of clear information on how the refund system will work may deter travelers. 'This may be especially true given the limited information currently available on how and when these funds might be refunded upon departure from the US,' she said in an email to the New York Times. Are there other fee increases? Yes, several other travel-related fees are also going up: The I-94 form fee, which is used to record arrivals and departures will rise from $6 to $24. The Electronic Visa Update System (EVUS) fee, required for some Chinese nationals—will jump from $8 to at least $30. The Electronic System for Travel Authorization (ESTA) fee—used by travelers from visa-waiver countries, will increase from $21 to $40. The new law also allows these fees to rise annually with inflation, further increasing the financial burden on international travelers in the future. With the 2026 FIFA World Cup co-hosted by the US , Canada, and Mexico on the horizon, the timing of these changes is causing added concern, especially among global football fans and tour operators. Stay informed with the latest business news, updates on bank holidays and public holidays . AI Masterclass for Students. Upskill Young Ones Today!– Join Now
Miami Herald
23-07-2025
- Business
- Miami Herald
Traveling to the U.S.? Two key entry documents will soon cost you more
Planning to visit the U.S.? Get ready to pay more for two key travel documents. Starting in fiscal year 2025, international travelers heading to the United States — even for a short stopover — will face new higher fees for two essential documents: the I-94 form and the Electronic System for Travel Authorization (ESTA) permit. The price increases come under the new immigration package introduced by the Trump administration and passed by Congress. The goal is to fund expanded border security operations, but the changes will impact millions of people who visit the U.S. temporarily or travel under the Visa Waiver Program. New mandatory fee for the I-94: From $6 to $24 minimum For the first time, the Department of Homeland Security (DHS) will charge a mandatory base fee of at least $24 for each I-94 application. This is a steep increase from the current $6 fee charged for many land-border travelers or those who completed the form online before entering by air. The new amount may increase through future regulations and will be automatically adjusted for inflation starting in 2026. Previously, some travelers received the I-94 as part of other immigration or travel-related payments. Under the new law, it must now be charged separately — with no exemptions, not even for financial hardship. Part of the revenue will be used for border enforcement, while the remainder will go to the general fund of the U.S. Treasury. Read more: USCIS just raised immigration fees. See what work permits and asylum now cost What is the I-94, and who needs it? The I-94 is an official record that the U.S. government uses to document when nonresident foreign nationals enter and exit the country. It's essential for proving legal entry and tracking how long someone is permitted to stay. Who needs to apply for an I-94? ▪ Foreign nationals entering the U.S. on a temporary visa (such as students, workers, or tourists) ▪ Individuals applying for a change or extension of immigration from within the U.S. ▪ Some travelers entering through land borders, unless they are explicitly exempt. ESTA visa waiver fee increase: from $21 to at least $30 per application The HR-1 law also sets a new minimum fee of $30 per ESTA application. This represents an increase from the current $21 fee, which previously included both a processing charge and an authorization fee. That amount was often bundled into other travel costs or covered by third parties, making it less visible to many travelers. The fee may increase through future rule changes and will also be adjusted annually for inflation. Of the total collected, $5 will go directly to the U.S. Treasury, with the rest used to maintain the ESTA system. As with the I-94, the law bars any exemptions: every traveler must pay, regardless of age, nationality or financial need. What is ESTA and when do you need it? ESTA is an online system used by travelers from Visa Waiver Program countries who plan to visit the U.S. without a visa. It's mandatory even for short stays for tourism, business or connecting flights. Who needs to apply for ESTA? ▪ Citizens of countries participating in the Visa Waiver Program ▪ Travelers from these countries who don't hold a U.S. visa and plan to stay for less than 90 days ▪ Citizens of Visa Waiver Program countries must have a valid ESTA, even if they are only transiting through the U.S. without leaving the airport.
Miami Herald
18-07-2025
- Miami Herald
Got a U.S. visa? This is the date that really matters for your legal stay
The U.S. Department of State issued an important reminder Thursday for foreign travelers entering the country with a valid visa: the date printed on your visa does not determine how long you're legally allowed to stay in the United States. Instead, it's the Customs and Border Protection (CBP) officer at the port of entry who makes that decision — and the date they assign is what truly matters. The CBP sets your 'Admit Until' date Each U.S. visa has a different period of validity depending on its classification and application conditions, as explained on the U.S. visa information page by the State Department. But under the Trump administration's stricter immigration policies, staying in the country beyond the authorized date — even with a valid visa — can result in serious legal consequences. In a post on X, the State Department issued a clear reminder: 'Reminder! The length of time an international visitor is allowed to stay in United States is determined by the Customs and Border Protection (CBP) officer upon your arrival, NOT your visa expiration date.' To find out how long they can remain in the country, travelers must check their I-94 record — the official admission document issued upon arrival — at Reminder applies to visa and ESTA travelers The CBP's warnings don't only apply to visa holders. Those traveling under the Visa Waiver Program (VWP), using the online ESTA (Electronic System for Travel Authorization) system for tourism or business stays of up to 90 days, are also subject to increased scrutiny. During the Trump administration, authorities tightened enforcement at all U.S. ports of entry under the banner of 'national security.' That included limiting reentry for certain permanent residents and applying stricter controls for anyone with a criminal record — even if they hold a green card.
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Business Standard
16-07-2025
- Business Standard
US visa rules: Even a 3-day overstay can lead to arrest, 10-year ban
Even a short overstay in the US could get you detained and even face a 10-year ban. That's what happened to Thomas, a 35-year-old Irish tech worker and father of three, who was detained by US immigration officials after overstaying by three days due to a medical issue, The Guardian reported. According to the daily, Thomas had travelled to West Virginia under the visa waiver programme in autumn 2024 to visit his girlfriend. He had used the waiver many times before, which permits citizens of certain countries to stay in the US for up to 90 days without a visa. He had planned to return to Ireland in early December, but a torn calf muscle delayed his travel. A doctor advised him against flying for at least eight weeks to avoid blood clots, and Thomas said he tried to notify US authorities and seek an extension, but did not receive a response in time. Three days after his authorisation expired, a police encounter in Georgia landed him in Immigration and Customs Enforcement (ICE) custody. 100 days in ICE detention What followed was unexpected. Despite agreeing to deportation from the outset, Thomas was held for roughly 100 days in three separate ICE facilities, including time in a federal prison for criminal defendants, though his only violation was overstaying his tourist authorisation. 'Nobody is safe from the system if they get pulled into it,' said Thomas, speaking to The Guardian from his home in Ireland. He requested a pseudonym due to fear of further repercussions. Thomas was deported in March 2025 and banned from re-entering the US for 10 years. His experience comes as more travellers, including those from countries such as Australia, Canada, Germany, India, and the UK, have reported detentions by ICE, even when they hold valid visas or green cards. In April, an Irish green card holder was held for 17 days over a decades-old conviction. What Indian nationals should know Unlike Irish or British citizens, Indians are not eligible for the US visa waiver programme. Most Indian tourists travel on a B-1/B-2 visa, which comes with stricter conditions. If you're visiting the US and need to stay beyond your authorised date, it's important to understand the process and timelines for extensions. Adesh Nandal, advocate at Jotwani Associates, said that under US immigration law, even a short overstay, such as three days, can count as a violation. 'However, context and intent matter significantly, particularly in cases involving humanitarian factors like medical emergencies,' Nandal told Business Standard. Steps to apply for a tourist visa extension Indian nationals on B-1/B-2 visas who need to stay longer must apply for an extension before their authorised stay expires. This date is recorded on the I-94 form, not the visa sticker in the passport. Here's what to do: Check the I-94 expiry date on the official CBP website File Form I-539 with USCIS (online or by post) • Application fee: $370 • Biometric fee: $85 Provide documents such as: • A letter explaining the reason for extension • Medical records (if applicable) • Copy of passport and visa • Proof of financial support • Evidence of ties to India (job, family, assets) Once the application is submitted, the applicant may stay in the US legally while it is under review—even if the I-94 expires in the meantime. If denied, they must leave immediately. What if you're detained after an overstay? Thomas's experience underlines the risks. He was visiting Savannah, Georgia, when a hotel guest overheard a personal dispute between him and his girlfriend and called the police. That incident, combined with his expired travel authorisation, triggered ICE action. According to Nandal, ICE has discretion over detention. 'Detention is not mandatory, especially for first-time, short-term overstays where the individual poses no flight risk or security threat,' he said. Even when the overstay is due to documented medical issues, detention can still happen. 'In such cases, access to legal counsel and consular assistance becomes critical in protecting the individual's rights and ensuring due process,' Nandal added. Legal options if detained An individual detained under these circumstances may: • Request a bond hearing to argue for release • Seek humanitarian parole or deferred action from ICE • File for relief from removal, presenting medical records and proof of good character • Apply for a waiver of inadmissibility under INA § 212(d)(3) • Contact the Indian Embassy for assistance under the Vienna Convention on Consular Relations 'Legal representation is a right, although not publicly funded. An experienced immigration attorney can significantly improve the outcome,' said Nandal.
