News Excerpts From the June 1, 2014, Bender’s Immigration Bulletin

CBP Launches Website for I-94 and Travel History Retrieval

On May 1, 2014, U.S. Customs and Border Protection (CBP) introduced a new website that will allow nonimmigrants in the United States to obtain their I-94 arrival/departure records for any point within the past five years without filing a request under the Freedom of Information Act (FOIA).

To access their I-94 and travel history, visitors must enter their given and family names, dates of birth, and passport numbers and countries of issuance. The website is available at https://i94.cbp.dhs.gov/ I94/request.html.

CBP encourages persons who are able to retrieve the desired information through the website to cancel any pending FOIA requests seeking such information.

Virginia Extends In-State Tuition to DACA Recipients

On April 29, 2014, Virginia Attorney General Mark Herring notified the heads of the state’s public university and college systems that noncitizens granted relief under the Deferred Action for Childhood Arrivals program are potentially eligible for in-state tuition. (The letter is at 19 Bender’s Immigr. Bull. 525, 534 (App. E) (May 15, 2014).)

Under existing state law, foreign nationals with student or temporary visas are not eligible for in-state tuition because they cannot establish “domicile,” or an intent to indefinitely remain, in Virginia. Herring noted that holders of nonimmigrant visas are not eligible for DACA, and that DACA recipients are considered “lawfully present” under the immigration laws.

Herring also stated that to qualify for in-state tuition, DACA grantees must maintain domicile in Virginia for at least one year after DACA approval.

Treasury Department Regulations Exempt Certain Nonimmigrants from Syria Sanctions

On May 2, 2014, the Office of Foreign Assets Control in the Department of Treasury published a final rule that amended and reissued a broad set of regulations imposing sanctions on Syria.

As part of the rule, OFAC created a new general license for transactions in the United States with Syrian nationals granted certain types of nonimmigrant visas, for services in connection with seeking such visas, and for services provided by institutions of higher education in connection with enrollment applications and acceptance of tuition payments.

Syrian nationals covered by the regulation include those in A-3, D, E-2, F, G-5, H, I, J, L, M, O, P, Q, R, and S nonimmigrant status.

The regulation discussing the general license is codified at 31 C.F.R. §542.521. The Federal Register notice is printed at 79 Fed. Reg. 25414 (May 2, 2014).

Bender's Immigration Bulletin

[This is an excerpt from the June 1, 2014, issue of Bender's Immigration Bulletin.]

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