Phone searches when entering the U.S.

On December 3, 2018 the Office of the Inspector General (OIG) published the findings of its audit of U.S. Customs and Border Protections’ searches of electronic devices at U.S. ports of entry. The OIG found that officers were inadequately supervised to ensure that searches were properly documented. As a result, the OIG further found that… Read More

COMMENTS ON PROPOSED PUBLIC CHARGE RULE – 83 FR 51114

USCIS’s proposed public charge rule violates the Due Process and Equal Protection clauses of the Fourteenth Amendment as applied to spouses of U.S. citizens. Additionally, the proposed rule exceeds USCIS’s statutory authority when applied outside the context of applications for visas, admission, or adjustment of status. Lastly USCIS has made analytical errors in studying this… Read More

Put this in your pipe and smoke it – U.S. Customs and Border Protection answers questions about Canadian cannabis users and investors seeking entry

U.S. Customs and Border Protection held a press conference today to explain its position on the admissibility of Canadians who use cannabis after it becomes legal for recreational use in Canada. According to CBP, its enforcement policies will not change in response to this change in Canadian law. As to investments in Canadian marijuana enterprises,… Read More

SEC files complaint against Joel Burstein for conduct related to the Jay Peak EB-5 Fraud

On September 6, 2018 the SEC filed a complaint against Joel Burstein for conduct related to a fraudulent scheme connected to an EB-5 regional center. The SEC alleges that Mr. Burstein aided and abetted fraud “in connection with the purchase or sale” of securities, and aided and abetted fraud in the offer or sale of… Read More

Background on SEC v. South Atlantic Regional Center, et. al

This suit has been a long time coming. Both the SEC and the Department of Homeland Security have been aware of the issues with this project since at least as early as March 31, 2015. Investors in this project filed suit against the regional center, the promoters, and others in March 2015. The hotel at… Read More

Simple Planning for Canadians seeking admission to the US as visitors

Unlike citizens of most other countries, Canadians are not required to obtain a visa before applying for admission to the U.S. as visitors (8 CFR 212.1(a)). Instead, Canadians may apply for admission to the US as a visitor by proceeding to a US port of entry and presenting themselves for inspection. To be classified as… Read More

Overlooked details in the story of the Canadian yarn merchant at the U.S. border

A week or two ago CBC ran this story about a Canadian vendor who landed a vendor’s booth at a trade show in Maryland. She loaded approximately “11 grand” worth of product into her car, along with an employee, her parents, and paperwork apparently in order, then proceeded to a U.S. port of entry. Ultimately,… Read More