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Attorneys-at-law Wayne Golding and Kevon Miller
Two US-based immigration attorneys are urging the Jamaican government to engage in diplomatic talks with Washington as the Trump administration ramps up pressure on countries with high visa overstay rates.
Under a new visa bond policy, some travellers entering the US on business or tourist visas may be required to post a bond of up to $15,000.
The 12-month pilot programme, set to begin on August 20, will apply to select countries with a history of overstays, weeks screening systems or citizenship by investment programmes that do not require residency.
Attorney-at-law Wayne Golding notes that Jamaica is not currently on the list, but he warns that it is not final and the situation remains fluid.
Mr. Golding says the bond policy is being used as a national security tool, as well as a diplomatic tool to pressure governments into reducing visa overstays by their citizens.
He is calling for Jamaica's Foreign Affairs Ministry to open talks with US officials to strengthen the country's long-term immigration standing.
"It's something that we have to look at both from the legal side here in the United States and actually make sure people have good information once they're intending to travel to the US. And also from Jamaica's side, it's also establishing guardrails. One of the concerns they have is documents that people will present. I think Jamaica's far ahead in terms of proper documentation, things that used to happen in the past, you know, fake birth certificates, fake marriage certificates, fake divorce decrees, all of these things have been addressed and are being addressed. And these are some of the concerns that this visa fee is meant to control," he outlined.
Citing data from the US Congressional Research Service for 2016-2022, Mr. Golding said only one to two per cent of non-immigrant visitors overstay their visas each year.
Meanwhile, attorney Kevon Miller wants the Jamaican government to work on reducing overstay rates through public education campaigns.
"So it's an educational process to where we have to ensure that our folks in Jamaica are on top of what it is that they are supposed to do from a systems perspective. In regards to the United States, it's about maintaining that relationship. Again, it's fluid. It's a situation where it's a test, it's a pilot. So the United States is saying look, if it is that you are a part of this, we're going to see how it is that you have operated during this one year to see whether or not you should be or shouldn't be on that list. So it's a collective effort by not only the country, Jamaica itself, but our folks within Jamaica, to ensure that we're doing the right thing," Mr. Miller urged.
Both men were guests Tuesday on the Morning Agenda on Power 106 FM.
According to the US government, the funds will be returned to travellers if they depart in accordance with the terms of their visas.
A similar pilot programme was launched in November 2020 during the last months of US President Donald Trump's first term in office, but it was not fully implemented due to the drop in global travel associated with the COVID-19 pandemic.
The pilot will inform future use of visa bonds if it is deemed operationally feasible.
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