Category Archives: nonimmigrant visa

Why hire an immigration lawyer?

Posted on November 21, 2016 | Comments Off on Why hire an immigration lawyer?

Why hire a lawyer when there is lower-cost help available through immigration consultants and online immigration services?  Do you really need a lawyer when you could fill out the forms and follow the instructions yourself?

The reasons are many, from ensuring you fully understand the process to avoiding unnecessary delays.

The main advantages of hiring a trusted immigration lawyer, instead of depending on an immigration consultant or online immigration service or working on the case yourself are:

1. You receive guidance on which forms and documents to submit

A lawyer is not required to fill out application forms for immigration benefits. Anyone can complete the forms, which are, along with the instructions, available for free on U.S. Citizenship & Immigration Services and the U.S. Department of State’s websites.

But U.S. government agencies are not your advocates and do not consider your individual situation when providing resources and information to you. Only an immigration lawyer, who truly understands the eligibility requirements, can give you the most reliable advice on which forms and documents to submit to receive immigration benefits.

Legitimate immigration consultants and online immigration processors can certainly help you complete forms and submit the paperwork to USCIS and DOS at a much lower cost than what lawyers charge.

Nevertheless, your knowing which forms and documents to submit is not always clear by just reading instructions or doing your own research. Immigration consultants and online immigration services are prohibited from giving any legal advice concerning your immigration case, including which forms and documents to submit. Rather, you yourself have to make this determination before they then fill out the forms with your answers and prepare the documents you have given them for filing with the appropriate U.S. government agency.

Even qualified immigration consultants and highly-rated online immigration services are just document preparers. While they are distinguishable from shady Notarios who prey on vulnerable immigrant groups and engage in immigration scams, they provide limited service that does not always meet your immigration needs.

Questions on applications forms and questions from immigration or consular officers might seem simple, but often relate to legal issues that can result in denials and setbacks in your case. Immigration consultants and online immigration processors cannot counsel you on how to best answer a question or cross-check or verify your answers on the forms. All they can do is replicate and type out your responses to the questions asked on the forms.

When non-lawyer immigration consultants or online immigration processors advise you on which immigration benefit to apply for and how to prove you qualify for it, they essentially engage in unauthorized practice of law.

In contrast, immigration lawyers advise you on which exact forms and documents to submit for a particular immigration benefit. They will cross check your answers on application forms with your biographic and immigration records to help ensure accuracy and completeness. They will also counsel you on the implications of your answers to questions, as well as the effects of providing or not providing certain documents.

2. You get legal advice on how to best present your case

A good lawyer will counsel you on eligibility standards and evidentiary requirements, including those that are not spelled out in the instructions for forms or are otherwise readily known.

For instance, while an immigration consultant or online immigration service will accept your marriage certificate and divorce decrees for prior marriages as sufficient in an I-130 spousal immigrant petition, a lawyer will counsel you on additional documents to submit to prove your marriage is valid and bona fide.

A lawyer might be unnecessary in very simple cases, where the bare minimum is all that’s required to get the case approved. But in many cases, a high volume of documentary evidence, as well as credible testimony, are needed to achieve a favorable outcome.

One of the fastest growing online immigration processors, RapidVisa, states specifically that it does not give legal advice or representation, but offers a service similar to TurboTax for visa applications. At a low price, they provide online processing of K-1 fiancée visas, spousal visas, parent visas, green cards (adjustment of status), removal of conditions, citizenship (naturalization), joint sponsorship, and deferred action (Deferred Action for Childhood Arrival, under President Obama).

RapidVisa boasts an approval rate of 99.7% and 4-hour turnaround time. But it’s fair to say that these cases most likely had no complications to require the work of a lawyer, and could have been handled just as well by an applicant who was willing and able to deal with the paperwork alone.

Reputable immigration lawyers, who have the expertise to deal with the worst types of cases, are best equipped to help you present the strongest case possible. They can steer you away from pitfalls that lead to complications in your case, such as USCIS issuing a Request for Evidence or a Notice of Intent to Deny Petition. They are trained to spot issues and weaknesses that can tank your case. Unlike immigration consultants and online immigration processors, they do not merely rely on generic templates and checklists that do not account for unique situations.

3. You obtain verification on whether you actually qualify for the benefit sought

An immigration lawyer will gather facts and review your record to confirm whether you are eligible for the immigration benefit you seek. For example, under current law, you cannot apply for a marriage-based green card within the U.S. if you were not lawfully admitted to the U.S. with inspection, and you do not qualify for 245(i) benefits. If your immigrant petition is not in the immediate relative category, you may not file for adjustment to permanent residence unless you are maintaining lawful nonimmigrant status after entry as an F-1 student, H-1B worker, etc. or certain narrow exceptions apply.

Immigration consultants and online immigration processors are not equipped or authorized to verify your eligibility for a benefit sought. They cannot give advice as to which immigration status you should seek. These are legal issues that requires a lawyer’s guidance, especially when there are complications in your case.

Complications include previous marriage(s)/divorce(s), a history of visa denials, visa overstays, unlawful presence, prior removal orders, illegal entries and re-entries to the U.S., immigration fraud or willful misrepresentation, false claims to U.S. citizenship, a criminal record, and being from a high-fraud country.

In June 2016, the State of Colorado passed a law that forced RapidVisa to relocate out of Colorado Springs, Colorado to Las Vegas, Nevada, where regulations related to the document-preparation industry are favorable. Known as Immigration Consultants Deceptive Trade Practice, the Colorado law targets deceptive “notarios”, which are small operations common in Hispanic communities, but it further forbids any person from offering any immigration service, regardless of whether it involves practicing law, unless that person is a lawyer.

In a press release, Ben Ives, President of RapidVisa, stated “this was simply a case of lawyers protecting their income.” He noted, “Petitioning for a family visa is a benefit request, not a legal issue. Do you hire a lawyer to apply for your driver’s license?”

Contrary to Mr. Ives’ claim, applying for an immigration benefit involves many legal issues that determine whether a person can live, study or work in the U.S., and even visit the country. Filing for an immigration benefit has a much more serious and broader impact than applying for a driver’s license.

A U.S. citizen’s decision to bring a fiancée, spouse,  or parent to the U.S. , for example, affects the fate of the family and their reunification.  An applicant’s mistake in filing for an immigration benefit, such as a green card or citizenship, for which he does not qualify can sometimes lead him into removal proceedings and get him deported from the United States.

4. You have comprehensive counseling from start to finish

In the initial evaluation of your case, and during the course of representation, an immigration lawyer can identify your priorities and pinpoint issues to help you achieve your objectives. They can lay out your various options and describe the pros and cons of pursuing each path.

An immigration lawyer can guide you on how to avoid complications or address them as they arise, such as responding to a Request for Evidence, a Notice of Intent to Deny, a Notice of Intent to Revoke, an inadmissibility finding, or a denial decision. He or she can intervene on your behalf to resolve problems.

An immigration lawyer can also prepare you for interviews before USCIS and the U.S. Consulates by describing what questions to expect and which issues are likely to arise. Although they should not “coach” you on what to say, they may advise you on how to best present both positive and negative information.

A lawyer may appear with you at green card interviews and naturalization interviews to help protect your rights, present documentary information, and ask clarifying questions. They can further prepare and submit a legal brief to stave off concerns and persuade the officer to approve your case.

Lawyers must keep up with changes in the law, the risks (not just the benefits) of applying for immigration relief, and the nuances in the immigration process, and advise you accordingly.

A non-lawyer immigration consultant or online immigration processor cannot perform these vital services.

5. You get legal help from a licensed professional who is held to the highest ethical standards

When an immigration consultant or online immigration processor overlooks critical pieces of information or documents — which results in an avoidable revocation process, denial or delay — there is generally no recourse. You typically have to rectify the harm through their channels or file a consumer complaint with the state attorney general.

Lawyers, on the other hand, are held to ethical standards in their state rules of professional conduct. They can face disciplinary action, such as a suspension or disbarment, for failing to perform duties owed to clients. As a licensed professional, a lawyer has obligations and responsibilities that go above and beyond those of a non-lawyer immigration service.

Consult an immigration attorney at the very least 

Some states, such as California, Minnesota, and New York regulate the conduct of immigration consultants, instead of forbid them from performing any immigration service. While they may provide document preparation, they cannot offer legal advice in any situation.

Legitimate immigration consultants and online immigration processors can ease the stress that comes with handling the immigration paperwork yourself. But realize they do nothing more than document preparation. A complete reliance on non-lawyer immigration services gives you a false sense of security and could open you up to making mistakes and bungling your immigration matter.

Reliable legal representation may be more affordable than you assume. There are solo practitioners and small firm lawyers who charge reasonable fees for high-quality, comprehensive service. There are also non-profit legal service providers and pro-bono attorneys who will accept your case for sliding scale or reduced fees or no fees.

Almost everyone can gather funds to consult an experienced immigration lawyer at least once, or retain unbundled legal service to address the complicated parts of the case. Before you file for an immigration benefit, talk to a reputable immigration lawyer about the eligibility standards, documentary requirements and filing process. Relying on immigration consultants and online immigration processors can save you money upfront, but cost you a lot more in the long run.

This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each legal case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

SUBSCRIBE           CONTACT

Photo by: malik

Comments Off on Why hire an immigration lawyer?

Posted in adjustment of status, citizenship, competence, deferred action, diligence, expedited removal, green card, H-1B, immigrant petition, immigrant visa, immigration consequences of criminal convictions, K-1 visa, nonimmigrant visa, The Legal Immigrant - Immigration Blog, The Productive Lawyer - Productivity + Lawyer Wellbeing Blog, waiver

Tagged , , , , ,

Expedited Removal: How Do You Avoid, Challenge or Overcome It?

Posted on November 7, 2016 | Comments Off on Expedited Removal: How Do You Avoid, Challenge or Overcome It?

At U.S. ports of entries (e.g airports, seaports and land border crossings), the U.S. Customs & Border Protection (CBP) has broad discretionary power to issue you an expedited removal order (Form I-860) when it denies your admission on certain grounds.

Avoiding, challenging or overcoming an expedited removal order is necessary if you want to return to the U.S. as a nonimmigrant or immigrant within 5 years in all cases, and within your lifetime, in some cases.

Consequences of an Expedited Removal Order

CBP officers are instructed to exercise restraint and consider, on a case-by-case basis, whether you qualify for any waivers, withdrawal of application for admission, or deferred inspection, instead of issue an expedited removal order.

Nevertheless, expedited removal orders are commonly issued at U.S. ports of entries when the CBP finds you inadmissible under INA section 212(a)(6)(C)(i)(fraud or willful misrepresentation of material fact to gain immigration benefits), section 212(a)(6)(C)(ii)(false claim to U.S. citizenship), and/or section 212(a)(7)(lack of proper visa or other travel documents).

An expedited removal order, in and of itself, carries a 5-year bar to reentering the U.S. This means you may not obtain an immigrant visa or nonimmigrant visa, or otherwise enter the U.S. for a minimum of 5 years from the date of expedited removal.

In addition, if you are found inadmissible under section 212(a)(6)(C)(i) (fraud or willful misrepresentation of material fact to gain immigration benefit), you are barred from the U.S. for a lifetime.

An inadmissibility finding under section 212(a)(6)(C)(ii)(false claim to U.S. citizenship) also triggers a lifetime ban.

How to Avoid an Expedited Removal Order 

You have very limited due process rights in an expedited removal proceeding before the CBP, unlike in a regular removal proceeding before the Immigration Court. You have no right to counsel during primary inspection, secondary inspection, or at any other time you request admission to the U.S.

After traveling on a long flight, waiting for hours to be interviewed in secondary inspection, or enduring intense interrogation with the same questions asked repeatedly, you could be tempted to do whatever it takes to just get out and go home. You might think the simplest thing to do is admit to the officer’s allegations, accept the expedited removal order, and perhaps challenge it later after you are sent back to your country or last destination.

But your best strategy is to avoid an expedited removal order to the fullest extent possible. Stay calm and respectful, but don’t make harmful, untrue admissions to leading questions just to please the officer.

Be prepared to present supporting documents, such as a return airline ticket, bank account statement, and property ownership if you seek entry as a visitor.

If you provided false documents or presented false testimony to the CBP to gain entry into the U.S., you may timely recant the misrepresentation during the interrogation – at the first opportunity – to avoid a section 212(a)(6)(C) finding.

Silence, non-cooperation or refusal to answer the CBP officer’s questions will not get you admitted to the U.S. But you also do not want to babble, lie, or volunteer negative information that makes you inadmissible to the U.S.

You may ask to withdraw your application for admission, especially if there is no obvious fraud, you have favorable factors, and the CBP officer gives you this option. A withdrawal allows you to return to your country to obtain the proper entry document, without having an expedited removal order in your record and a 5-year bar.

Be mindful about what you bring on your trip. The CBP has authority to search you, your luggage, and your electronic devices (e.g. cell phone, laptop and tablet). For example, job applications in your bag and text messages or emails on your phone related to seeking employment in the U.S. will raise red flags concerning the true purpose of your trip if you seek entry as a visitor. Birth certificates, identity documents and other immigration-related paperwork that are not necessary for temporary travel may cause the CBP to doubt whether you will timely depart the U.S.

At the very least, you should work to develop a strong factual record to later challenge or overcome the expedited removal order, if one is issued. You will be handed a Form I-867A & B, Record of Sworn Statement in Proceedings under Section 235(b)(1) of the Act.

Do not sign your sworn statement or initial the pages unless you have full opportunity to read it or have it read to you. Ask for an interpreter if necessary. Ask for corrections to be made. By signing the Form I-867A & B and Form I-831 (Continuation Page), you affirm that you have read your statement, your answers are true and correct, and the statement is a complete, true and correct record of your interrogation.

How to Challenge or Overcome an Expedited Removal Order

When you are unable to avoid an expedited removal order, you have two main options to challenge or overcome it:

1. Request Permission to Reapply for Readmission and,When Necessary, a Waiver of Inadmissibility

To overcome an expedited removal order and be eligible for a visa or admission to the U.S. before the 5-year bar expires, you must file a request for Consent to Reapply or a Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal, and get it approved.

If the expedited removal order further states you are inadmissible under section 212(a)(6)(C)(i) (fraud or willful misrepresentation of material fact to gain immigration benefit), you must obtain an I-601 immigrant waiver under section 212(i), when seeking reentry as an immigrant, or a nonimmigrant waiver under section 212(d)(3), when seeking reentry as a nonimmigrant.

The lifetime ban under section 212(a)(6)(C)(ii)(false claim to U.S. citizenship) may be excused with a 212(d)(3) nonimmigrant waiver, but there is no immigrant waiver for it. There are, however, several exceptions and defenses. For example, if you reasonably believed, at the time of making such a representation, that you were a citizen because each of your natural parent is or was a citizen and you permanently resided in the U.S. prior to turning age 16.

If you receive a Form I-212 grant as well as any required waivers, you may then reenter the U.S., despite your inadmissibility, as long as you have the proper travel documents (e.g. valid passport and appropriate visa).

2. Request Reconsideration and Rescission of the Expedited Removal Order

An Immigration Judge may not review an expedited removal order. The federal appellate courts have also found an expedited removal order is not subject to judicial review, except to determine (1) whether the person is a U.S. citizen; (2) whether the person is a permanent resident or a refugee; and (3) whether the person was ordered removed under the expedited removal statute.

You may submit a written request for review to the CBP Field Office that issued the expedited removal order. You must include supporting documentary evidence showing why the expedited removal order was improper. The federal regulations state that motions to reopen and motions to reconsider must be filed with the Service within 30 days of the decision. Failure to file on time may be excused in the Service’s discretion where you demonstrate the delay was reasonable and beyond your control.

The CBP has discretionary authority to vacate the expedited removal order in its entirety or withdraw certain charges in the removal order, based on your documentary evidence and legal argument.  These type of motions are very rarely filed because it is very difficult to get CBP to lift an already issued removal order. In rare cases – when such a motion is granted – it spares the applicant from needing a waiver of inadmissibility.

DHS Traveler Redress Inquiry Program (DHS TRIP) Is Not a Good Option to Overcome an Expedited Removal Order

You may use the Department of Homeland Security Traveler Redress Inquiry Program (DHS TRIP) to submit inquiries or seek resolution regarding difficulties you experience during your  travel screening at airports or border crossings.

You  file a complaint or apply for redress through the DHS TRIP program, which routes your request to the appropriate office for review and adjudication. You will be assigned a record identifier or Redress Control Number.

The DHS TRIP program is for limited purposes, and challenging an expedited removal order is not one of them. Normally, the most you will get is a response stating you need to file a Form I-212 or Consent to Reapply request to be readmitted to the U.S. before the 5-year bar expires.

Consult an Experienced Immigration Attorney Soon After You are Issued an Expedited Removal Order

Generally, you have only 30 days from the date of the expedited removal order to request further review by the CBP. Otherwise, to be excused from the 5-year bar, you may file the request for Consent to Reapply or Form I-212 application at any time, in connection with your visa application. The same goes for I-601 immigrant waiver or 212(d)(3) nonimmigrant waiver requests to overcome a fraud or willful misrepresentation finding under section 212(a)(6)(C)(i).

If you are issued an expedited removal order, you should timely consult an experienced immigration attorney to discuss your options. You will also likely need an attorney to help you pursue a rescission of the expedited removal order or obtain the necessary waivers.

To learn more, read our other articles:

Expedited Removal: When Does It Apply and What Are the Consequences?

Expedited Removal: How Does the Process Work at the U.S. Port of Entry and What Are the Main Concerns? 

This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each legal case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

SUBSCRIBE           CONTACT

Photo by: Dan4th Nicholas

Comments Off on Expedited Removal: How Do You Avoid, Challenge or Overcome It?

Posted in expedited removal, immigrant visa, nonimmigrant visa, The Legal Immigrant - Immigration Blog, waiver

Tagged , , , , ,

Expedited Removal: When Does it Apply and What Are the Consequences?

Posted on November 7, 2016 | Comments Off on Expedited Removal: When Does it Apply and What Are the Consequences?

You may face expedited removal from the U.S. if the Customs & Border Protection (CBP) finds you inadmissible and denies your entry, usually at an airport, seaport, or land border checkpoint. The Form I-860, Notice and Order of Expedited Removal, requires you leave the U.S. immediately and brings serious consequences, such as a visa cancellation with prejudice and minimum 5-year bar to reentry.

On What Grounds May Expedited Removal Be Ordered?

CBP officers must verify whether you are admissible to the U.S. before they let you into the U.S. The CBP not only checks your travel documents, but may also interview you extensively to confirm the true purpose of your trip. The CBP may also check its records to determine whether you have a criminal history, immigration violation or other grounds that make you inadmissible.

Your mere possession of a travel document that is valid on its face does not guarantee your entry into the U.S. Section 235(b)(1) of the Immigration & Nationality Act (INA) permits the CBP to issue an expedited removal order if it finds you are inadmissible under section 212(a)(6)(C) or 212(a)(7). The inadmissibility grounds for an expedited removal order are:

1. Section 212(a)(6)(C)(i) (Misrepresentation), i.e. by fraud or wilful misrepresentation of a material fact, you seek to procure (or have sought to procure or have procured) a visa, other documentation,  admission into the U.S. or other immigration benefit.

2. Section 212(a)(6)(C)(ii) (False Claim to U.S. Citizenship), i.e. you falsely represent or have falsely represented yourself to be a U.S. citizen for any purpose or benefit under immigration law or federal or state law.

3. Section 212(a)(7)(A)(i)(I), (Immigrant Without Proper Visa or Travel Document), i.e. you are an immigrant who, at the time of application for admission, is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by immigration law, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required by the regulations.

4. Section 212(a)(7)(A)(i)(II) (Immigrant With Improperly Issued Visa), i.e. you are an immigrant who, at the time of application for admission, has a visa that was not issued in compliance with immigration law.

5. Section 212(a)(7)(B)(i)(I) (Nonimmigrant Without Valid Passport), i.e. you are a nonimmigrant who, at the time of application for admission, is not in possession of a passport valid for a minimum of six months from the date of the expiration of your period of admission or period of authorized stay.

6. Section 212(a)(7)(B)(i)(II)(Nonimmigrant Without Proper Visa or Travel Document), i.e. you are a nonimmigrant, who at the time of application for admission, does not have a valid nonimmigrant visa or border crossing identification card.

Who is Subject to Expedited Removal? 

Expedited removal applies to certain groups or classes, including:

1. Arriving aliens at designated port of entry (e.g. airport, seaport, or land border crossing)

As of April 1, 1997, all “arriving aliens” who seek admission to the U.S. or transit through the U.S. at a designated port of entry may be issued an expedited removal order upon inspection, if CBP finds they are inadmissible under sections 212(a)(6)(C) and/or 212(a)(7).

Currently, expedited removal does not apply to Cuban nationals who arrive at a U.S. port of entry by aircraft.

The expedited removal process may not be used at pre-clearance or pre-inspection units. If the CBP wishes to proceed with expedited removal, it must defer action until the vessel (e.g. aircraft) has arrived in the U.S.

2. Certain other aliens who are already in the U.S. 

Under the April 1, 1997 law, expedited removal also applies to noncitizens who have not been admitted or paroled into the U.S. following inspection by an immigration officer at a designated port of entry, and who have not been physically present in the U.S. continuously for the 2-year period prior to the date of determination of inadmissibility.

3. Foreign nationals arriving by sea, but not at designated port of entry

As of November 2002, foreign nationals who arrive in the U.S. by sea, and not at a designated port of entry, or who are intercepted at sea and brought to the U.S., may be subject to expedited removal if they were not admitted or paroled into the U.S. and have not been continuously present in the U.S. for at least two years.

Currently, expedited removal does not apply to Cuban nationals, crewmen or stowaways. [UPDATE: On January 12, 2017, the Obama Administration announced the U.S. is eliminating this exemption. Expedited removal proceedings may now be initiated against Cubans.]

4. Undocumented immigrants within 100 miles of a U.S. border 

As of August 2004, expedited removal may apply to noncitizens who are encountered within 100 miles of any U.S. land or sea border and who entered the U.S. without inspection less than 14 days before the time they are encountered.

As a matter of discretion, CBP generally applies such expedited removals against third-country nationals not from Mexico or Canada, or Mexican or Canadian nationals with criminal histories or immigration violations.

What are the Consequences of an Expedited Removal Order?

By itself, an expedited removal order carries a 5-year to reentering the U.S. This means you may not obtain an immigrant visa or nonimmigrant visa, or otherwise enter the U.S. for a minimum of 5 years from the date of expedited removal.

In addition, if you are found inadmissible under section 212(a)(6)(C)(i) (fraud or willful misrepresentation of material fact to gain immigration benefit), you are barred from the U.S. for a lifetime.

An inadmissibility finding under section 212(a)(6)(C)(ii)(false claim to U.S. citizenship) also triggers a lifetime ban.

Avoid an Expedited Removal Order or Develop a Strong Basis to Challenge or Overcome It

You have very limited due process rights in an expedited removal proceeding before the CBP, unlike in a regular removal proceeding before the Immigration Court. You have no right to counsel during primary inspection, secondary inspection, or at any other time you request admission to the U.S.

Your best strategy is to avoid an expedited removal order whenever possible. At the very least, work to develop a strong factual record to later challenge it through a request for review with the CBP or to support a Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal,  I-601 immigrant waiver under section 212(i), when seeking reentry as an immigrant, or a nonimmigrant waiver under section 212(d)(3), when seeking reentry as a nonimmigrant.

Generally, you have only 30 days from the date of the expedited removal order to request further review by the CBP. Otherwise, to be excused from the 5-year bar, you may file the Form I-212 application at any time, in connection with an immigrant visa or nonimmigrant visa application. The same goes for I-601 immigrant waiver or 212(d)(3) nonimmigrant waiver requests to overcome a fraud or willful misrepresentation finding under section 212(a)(6)(C)(i).

If you are issued an expedited removal order, you should timely consult an experienced immigration attorney to discuss your options. You will also likely need an attorney to help you pursue a rescission of the expedited removal order or obtain the necessary waivers.

To learn more, read our other articles:

Expedited Removal: How Does the Process Work at the U.S. Port of Entry and What Are the Main Concerns? 

Expedited Removal: How Do You Avoid, Challenge or Overcome It? 

This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each legal case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

SUBSCRIBE           CONTACT

Photo by: friend JAD

Comments Off on Expedited Removal: When Does it Apply and What Are the Consequences?

Posted in expedited removal, immigration consequences of criminal convictions, nonimmigrant visa, The Legal Immigrant - Immigration Blog, waiver

Tagged , , , , , , ,

Expedited Removal: How Does the Process Work at the U.S. Port of Entry and What Are the Main Concerns?

Posted on October 31, 2016 | Comments Off on Expedited Removal: How Does the Process Work at the U.S. Port of Entry and What Are the Main Concerns?

When you present yourself for admission into the U.S. at a designated port of entry (e.g. international airport), you may be denied entry and issued an expedited removal order if the U.S. Customs & Border Protection (CBP) finds you inadmissible on certain grounds.

The CBP must complete several steps before it issues an expedited removal order (Form I-860).

What Are the Steps in the Expedited Removal Order Process? 

The expedited removal process is governed by federal statute and regulations, plus the CBP’s policy outlined in the Inspector’s Field Manual (IFM). The CBP has broad authority to expeditiously remove you if it finds you inadmissible under sections 212(a)(6)(C)(i) (fraud or willful misrepresentation of material fact to gain immigration benefit, section 212(a)(6)(C)(ii)(false claim to U.S. citizenship), and/or section 212(a)(7)(lack of proper travel documents).

Before issuing an expedited removal order, the CBP must perform several procedural steps:

1. CBP Conducts Primary Inspection Upon Your Arrival at the Port of Entry

When you arrive at a designated port of entry, you will join the appropriate customs line for a CBP officer to review your passport and travel documents. U.S. citizens, permanent residents and visitors typically have different waiting lines.

You may be at your final destination or transiting to another U.S. destination or non-U.S. destination. Either way, you will have to request admission to the U.S. at primary inspection. The CBP officer will scan your passport or enter the number into the computer. The officer will also examine your visa(s) and may review the pages in your passport reflecting your travel history. If you are not a U.S. citizen, you will also have your photograph and fingerprints taken.

You can further expect the CBP officer to ask for details about your trip, including its purpose, where you will stay, with whom you will stay, how long you will stay, and whether you have any immediate relatives in the U.S. and their immigration status (if any).

If the CBP officer finds you are absolutely admissible to the U.S., your passport will be stamped for lawful entry. But if you are not clearly admissible, you will be referred to Secondary Inspection.

2. CBP Conducts Secondary Inspection (One) if You Do Not Clear Primary Inspection

The primary CBP officer will note in the system why he or she believes you are inadmissible and you will be escorted to Secondary Inspection. You may have to wait a long time (several hours) to be called for questioning by another CBP officer, usually at an open counter. The CBP officer might also check your personal belongings, including review your messages and communications on electronic devices (cell phones, laptops and tablets).

[UPDATE: On November 12, 2019, in Alasaad v. McAleenan, the U.S. District Court, District of Massachusetts, ruled the CBP and ICE policies for ‘basic’ and ‘advanced’ searches, as presently defined, are unconstitutional because they do not require reasonable suspicion that the devices contain contraband for non-cursory searches and/or seizure of electronic devices. The Court, however, denied the request for injunctive relief to prevent the agencies from “searching electronic devices absent a warrant supported by probable cause that the devices contain contraband or evidence of a violation of immigration or customs laws,” and “from confiscating electronic devices, with the intent to search the devices after the travelers leave the border, without probable cause and without promptly seeking a warrant for the search.” The ruling does not outright prohibit CBP from checking electronic devices. Furthermore, Plaintiffs in this case included 10 U.S. citizens and one permanent resident.]

If you are admitted at Secondary Inspection — after CBP confirms you have no grounds of inadmissibility and you have the proper travel documents — you may then claim your luggage and clear customs.

If you are found to be inadmissible at Secondary Inspection due to lack of proper travel documents, immigration fraud or misrepresentation, prior U.S. immigration violations, criminal history, or other grounds, you will be referred to Secondary Inspection Two.

3. CBP Conducts Secondary Inspection (Two) if You Do Not Clear Secondary Inspection One

Secondary Inspection Two is the last opportunity for you to be admitted to the U.S. or be denied entry, detained, and sent back to your country – with or without an expedited removal order.

During Secondary Inspection Two, a CBP officer may search and inspect your personal belongings and luggage, and ask you questions about your trip and travel history. Another, more experienced CBP officer will usually conduct the formal interview and interrogation.

4. CBP Determines Whether Other Options, Besides Expedited Removal, are Available if You Are Not Admitted

If you are not admitted at Secondary Inspection Two, the CBP has several options besides issuing an expedited removal order.

Deferred Inspection

You may be granted Deferred Inspection if the CBP believes you are probably admissible, but lack complete documentation to be admitted at the port of entry. The CBP may schedule you to report to a Deferred Inspection Site at a future date in order to present the necessary documentation and/or information. You will be given a Form I-546, Order to Appear-Deferred Inspection, explaining what information and/or documentation you must present to resolve the discrepancy.

In deciding whether to grant Deferred Inspection, the CBP will consider several factors, such as the likelihood of your establishing admissibility; the type of documents needed and your ability to obtain them; your identity, nationality, age, health, and family ties; the likelihood you would appear at deferred inspection; the nature of the ground of inadmissibility; and the danger you will pose to society.

Being paroled into the U.S for Deferred Inspection is not the same as a formal admission. If you fail to appear for Deferred Inspection, you will be issued a Notice to Appear in Removal Proceedings before an Immigration Judge and your name will be added to the National Automated Immigration Lookout System.

At Deferred Inspection, the CBP officer will review the Form I-546, review your documents, and decide whether to formally admit you, continue your parole, permit you to withdraw your application for admission, or issue you a Notice to Appear in Removal Proceedings before an Immigration Judge.

Permission to Withdraw Application for Admission

You may be given the opportunity to withdraw your application for admission and leave the U.S. immediately (e.g. on the next available flight). The withdrawal spares you from being issued an expedited removal order. But the withdrawal is noted in your record and your visa may still be cancelled, which could affect future visa applications.

The regulations allow CBP in its discretion to permit you to withdraw your application if you intend to and are able to depart the U.S. immediately. CBP officers are instructed to balance the favorable factors and unfavorable factors to reach a fair decision.  Factors to consider are (1) the seriousness of the immigration violation; (2) previous findings of inadmissibility; (3) intent to violate the law; (4) ability to easily overcome the grounds of inadmissibility; (5) age and poor health of the applicant; and (6) other humanitarian or public interest considerations.

5. CBP Completes Expedited Removal Process if it Determines No Other Option is Available to You

If the  CBP does not grant Deferred Inspection or Withdrawal of Application for Admission, it must create a record of the facts of the case and statements made by you. The CBP officer will take your sworn statement, in a question and answer format, using Form I-867A & B, Record of Sworn Statement in Proceedings under Section 235(b)(1) of the Act.

The CBP officer shall read (or have read) to you all information contained on Form I-867A, including a warning that expedited removal carries a 5-year bar to reentry.

You will be asked questions regarding your identity (name, aliases and other biographical data), alienage (citizenship, nationality, and residence), and inadmissibility (reasons for coming to the U.S., information on facts of the case and information on suspected grounds of inadmissibility). The officer will also ask if you have any fears about returning to your home country.

Your responses to questions will be recorded on the Form I-867B and Form I-831, Continuation Page. You shall have the opportunity to read (or have read to you) the sworn statement. You may ask for corrections to be made. The CBP officer will then instruct you to sign and initial each page of the statement and each correction.  By signing the Form I-867B and Form I-831, you affirm that you have read your statement, your answers are true and correct, and the statement is a complete, true and correct record of your interrogation.

The CBP officer must advise you of the charges against you on Form I-860, Notice and Order of Expedited Removal, and you shall be given an opportunity to respond to the charges in your sworn statement.

After obtaining supervisory concurrence, the CBP officer shall serve you with Form I-860 and you sign the reverse of the form acknowledging receipt. The CBP officer must use an interpreter, if necessary, to communicate with you.

What Are the Main Concerns with Expedited Removal? 

There are several concerns with the expedited removal order process, including:

1. You Have No Right to Representation by Counsel

At the port of entry, you have no right to counsel. You have very limited due process rights in an expedited removal proceeding before the CBP, unlike in a regular removal proceeding before the Immigration Court.

You may not ask the CBP to allow you to have representation during the inspection or expedited removal process. The CBP may allow you to speak with a family member or friend by telephone call, but this is completely within their discretion.

During the interrogation and the taking of your sworn statement, you are alone with the CBP officer. The Form I-867A & B, Record of Sworn Statement in Proceedings under Section 235(b)(1) of the Act, serves as official documentation of the questions and answers during  the process. It is critical that you read (or have read to you) the sworn statement and that you fully understand the contents before you sign it.

2. You Will Normally Be Detained Until You Are Removed From the U.S. 

An expedited removal order subjects you to detention and to be held in custody by CBP until you are able to leave the U.S.  In the meantime, you are not eligible to be released on bond unless you have a medical emergency or you are needed for law enforcement purposes.

If you are unable to depart in the near future, you will be handed over to the Detention & Removal Operations (DRO) unit of Immigration & Customs Enforcement (ICE). You will be held at a detention facility and returned to the airport for the next available flight.

Otherwise, you will have to wait at the airport in the Secondary Inspection office until your next available flight, which could be 24 to 36 hours later. CBP will fine any airline that is unwilling to transport you back to your country or departing city.

3. You Have No Right to Further Review, Except in Limited Circumstances

Once an expedited removal order is issued, there is no further hearing before an Immigration Court or review before a higher agency or appellate court. There are two main exceptions.

Seek Asylum. If you state an intention to apply for asylum under section 208 or a fear of persecution in your country, you will be referred for a “credible fear interview” before an asylum officer.

If you establish a credible fear of persecution, you will be allowed to apply for asylum before an Immigration Judge, either while in ICE custody or after you are released on a bond. If you are unable to establish a credible fear, you may request a review of this decision in a hearing before an Immigration Judge, while in ICE custody.

Generally, there is no review of the Immigration Judge’s determination that you do not have a credible fear of persecution or torture. You will be removed from the U.S. if you are denied asylum (or withholding of removal).

Claim Lawful Status. When you claim lawful status in the U.S. such as U.S. citizenship, lawful permanent residence or refugee or asylee status, the CBP will review its records to verify your claim.

If the CBP finds such proof, it may then admit you to the U.S. or place you in regular removal proceedings before an Immigration Judge. If the CBP finds no such proof, it will allow you to make a statement under oath regarding your claim of lawful status, issue an expedited removal order, and give you the opportunity to have your case reviewed by an Immigration Judge. You will be removed from the U.S. with no opportunity for further review if the Immigration Judge affirms the expedited removal order.

4. You Will Be Subject to a Minimum Five-Year Bar to Re-entry, as Well as a Lifetime Bar in Certain Circumstances

An expedited removal order automatically carries a 5-year to reentry under INA 212(a)(9)(A)(i). You may not receive an immigrant visa or nonimmigrant visa, or otherwise enter the U.S. for a minimum of 5 years from the date of expedited removal.

In addition, if you are found inadmissible under section 212(a)(6)(C)(i) (fraud or willful misrepresentation of material fact to gain immigration benefit), you are barred from the U.S. for a lifetime.

An inadmissibility finding under section 212(a)(6)(C)(ii)(false claim to U.S. citizenship) also triggers a lifetime ban.

Avoid an Expedited Removal Order or Develop a Strong Basis to Challenge or Overcome It

Because an expedited removal order carries serious consequences, you should do your best to avoid it. At a minimum, you need to develop a strong factual record to later challenge it through a motion to the CBP or to support a Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal, an I-601 immigrant waiver under section 212(i), or a nonimmigrant waiver under section 212(d)(3).

Generally, you have only 30 days from the date of the expedited removal order to request further review by the CBP Field Office that issued the order. The CBP has authority to reopen, reconsider, and rescind the expedited removal order based on new documentary evidence. Such motions, however, are rarely filed and rarely granted.

Otherwise, to be excused from the 5-year bar, you may file the request for Consent to Reapply or Form I-212 application at any time, in connection with an immigrant visa or nonimmigrant visa application. The same goes for I-601 immigrant waiver or 212(d)(3) nonimmigrant waiver requests to overcome a fraud or willful misrepresentation finding under section 212(a)(6)(C)(i).

If you are issued an expedited removal order, you should timely consult an experienced immigration attorney to discuss your options. You will also likely need an attorney to help you pursue a rescission of the expedited removal order or obtain the necessary waivers.

To learn more, read our other articles:

Expedited Removal: When Does it Apply and What Are the Consequences?

Expedited Removal: How Do You Avoid, Challenge or Overcome It? 

This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each legal case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

SUBSCRIBE           CONTACT

Photo by: Russ Thompson

Comments Off on Expedited Removal: How Does the Process Work at the U.S. Port of Entry and What Are the Main Concerns?

Posted in deferred action, expedited removal, immigrant visa, nonimmigrant visa, The Legal Immigrant - Immigration Blog, waiver

Tagged , , , , , , , ,

212(d)(3)(A) Nonimmigrant Waiver: Advantages and Disadvantages

Posted on March 28, 2016 | Comments Off on 212(d)(3)(A) Nonimmigrant Waiver: Advantages and Disadvantages

Section 212(a) of the Immigration & Nationality Act lists the grounds on which a foreign national is barred from entering the United States. Inadmissible persons may not obtain a nonimmigrant visa (e.g. B-1/B-2 visitor, F-1 student, H-1B worker) or enter the U.S. as a nonimmigrant without a section 212(d)(3) waiver. Visa-exempt persons (e.g. most Canadian citizens) and persons who already have travel documents also need the waiver if they are inadmissible to the U.S.

Although the 212(d)(3) nonimmigrant waiver provides several advantages, it also has disadvantages.

What are the Advantages of the Section 212(d)(3) Nonimmigrant Waiver?

1.  The waiver is broad

For non-immigrants, the 212(d)(3) waiver overcomes almost every ground of inadmissibility listed in section 212(a). This includes health-related grounds, criminal offenses, prostitution, smuggling, fraud or willful misrepresentation of material fact to gain immigration benefits, false claims to U.S. citizenship to gain benefits under federal, state or immigration law, and unlawful presence in the U.S.

2. The waiver is available to almost all non-immigrants

Inadmissible persons who do not qualify for an immigrant waiver often still qualify for a 212(d)(3) waiver.

For example, a foreign national who is inadmissible due to a crime involving moral turpitude within the last 15 years and who has no U.S. citizen or permanent resident spouse, parent, son or daughter for the 212(h) immigrant waiver may enter the U.S. as a nonimmigrant with a 212(d)(3) waiver.

212(d)(3) waiver applicants do not need to show family ties in the U.S. or prove hardships will result if they are not admitted to the U.S. The standards are much higher for 212(a)(9)(B)(v) (unlawful presence) waiver applicants, for example, who must demonstrate a U.S. citizen or permanent resident spouse or parent will suffer extreme hardship if they are not admitted as an immigrant.

A person has a permanent bar under INA 212(a)(9)(C)(i)(I) [9C1] if he reentered or attempted to reenter the U.S. illegally (without inspection or lawful admission) after he accrued more than one year (in the aggregate) of unlawful presence in the U.S. and left. An immigrant visa applicant must wait outside the U.S. for 10 years before he may file for a Consent to Reapply for Admission (permanent relief) to be excused from the 9C1 bar. In contrast, a nonimmigrant visa applicant may seek a 212(d)(3) waiver (temporary relief) through the U.S. Consulate, at any time, to be excused from the same 9C1 bar.

3. The waiver has flexible eligibility standards

The criteria that applicants must meet to get the 212(d)(3) waiver is not defined by statute. In Matter of Hranka, however, the Board of Immigration Appeals listed three factors that must be considered in deciding whether to grant or deny the waiver. They are:

  • The risk of harm to society if the applicant is admitted to the U.S.
  • The seriousness of the applicant’s prior immigration law or criminal law violations, which caused the inadmissibility.
  • The importance of the applicant’s reasons for seeking to enter the U.S.

When reviewing a 212(d)(3) waiver application, the decision-maker applies a balancing test involving these three factors.

The Board stated there is no requirement the applicant’s reasons for wishing to enter the U.S. be “compelling.” The 212(d)(3) waiver is not only for exceptional, humanitarian or national interest cases. It may be granted for any legitimate purpose such as medical treatment (even if available abroad), family visits, school attendance, and tourism. Even applicants with serious criminal convictions, including aggravated felonies, may file for the waiver.

What are the Disadvantages of the Section 212(d)(3) Nonimmigrant Waiver?

1.  The waiver does not overcome every ground of inadmissibility and is not available to all non-immigrants

The 212(d)(3) waiver does not overcome inadmissibility grounds related to:

  • Security-related grounds (e.g. espionage, sabotage) [INA section 212(a)(3)(A)(i)(I) & (II), (3)(A)(ii), (3)(A)(iii)];
  • Foreign policy considerations [INA section (3)(C)];
  • Participation in Nazi persecutions [INA section 3(E)(i)]; or
  • Participation in genocide [INA section 3(E)(ii)]

Persons who are inadmissible under any of these grounds do not qualify for the 212(d)(3) waiver.

In addition, the 212(d)(3) waiver will not be given to K nonimmigrant visa applicants who are inadmissible under INA 212(a) grounds for which there is no immigrant waiver when they file for permanent residence. And if the INA 212(a) ineligibility ground may be waived after (or as a result of the) marriage to the petitioner, the K visa applicant must file a Form I-601, Application for Waiver of Ground of Inadmissibility, not a 212(d)(3) waiver request.

2. The waiver does not cover inadmissibility grounds that must be excused by a Form I-212 approval or grant of Consent to Reapply

Persons who have been previously removed from the U.S.  and are subject to a 5, 10 or 20 year-bar to re-entry [under INA section 212(a)(9)(A)(i) and (ii)] must file a Consent to Reapply or Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal. 

Furthermore, persons who face the lifetime bar under INA 212(a)(9)(C)(i)(II), i.e. illegal re-entry or attempted illegal re-entry, on or after April 1, 1997, following a removal order, may not use the 212(d)(3) waiver to be excused from this inadmissibility ground. Just like immigrant visa applicants, nonimmigrant visa applicants who are subject to the section 212(a)(9)(C)(i)(II) [9C2] bar must wait outside the U.S. for 10 years before they may file for the Consent to Reapply/Form I-212 waiver.

The Consent to Reapply or “I-212 waiver” must not be confused with the 212(d)(3) waiver. Compared to 212(d)(3) waiver applicants, CTR or Form I-212 applicants must meet higher eligibility standards and evidentiary requirements. For example, close family ties in the U.S. and unusual hardship to U.S. citizen or permanent resident relatives are strong favorable factors in an I-212 application, especially when it is connected to an Immigrant Visa request. These factors are not so important in a 212(d)(3) waiver application and might even work against a person seeking to visit the U.S. temporarily.

3. The grant of the waiver is completely discretionary

It is within the complete discretion of the Admissibility Review Office (ARO), which is part of the U.S. Customs & Border Protection (CBP), to grant the waiver. When you need to receive a visa from the U.S. Consulate, you also first need to convince this agency or the U.S. Department of State to recommend the waiver for the request to be forwarded to CBP.

Qualifying for the waiver doesn’t necessarily mean you will get it. The adjudications officer who weighs the 3 Hranka factors may find the negative factors outweigh the positive factors and deny the waiver request.

There is no formal appeal process. Typically, the only recourse it to file for the waiver again when circumstances change or when more supporting evidence is gathered.

Although the eligibility standards are flexible, the 212(d)(3) waiver is still hard to get, especially when the person is inadmissible due to serious criminal convictions and/or egregious immigration violations. The more recent the violation(s), the higher the obstacles in receiving the waiver.

In addition, to receive most nonimmigrant visas (such as B1/B2 visitor and F-1 student visa), you must overcome the presumption of immigrant intent under INA 214(b). In particular, you need strong ties to a residence abroad that will compel a timely departure from the United States and deter a violation of the terms of the visa. If the U.S. Consulate finds the INA 214(b) requirement is not met, it will not accept or review a 212(d)(3) waiver application.

Validity of the Waiver

The 212(d)(3) waiver may be issued for a maximum period of 5 years or up to the expiration of the visa, whichever is earlier. Normally, the waiver is valid for 1 year, especially for first-time applicants.

[UPDATE: In April 2016, the ARO announced it will generally approve 212(d)(3) waivers for a 5-year period, in both initial and renewal applications filed at the border entry points and at the U.S. Consulate, as of January 2017.  The one exception is for crewmembers whose granted waivers will be valid for two-year periods.]

In all cases, a waiver grant is not transferable to a new visa or to an extension or change of status. The waiver is valid for up 5 years or up to the visa expiration date, whichever is earlier. Once the visa expires, the person normally has to file for a waiver renewal (along with appropriate visa) to re-enter the U.S. as a nonimmigrant.

The authorized period of stay as a nonimmigrant — not the validity period of the waiver — determines when the person must leave the U.S. without violating immigration law.

Filing the 212(d)(3) Nonimmigrant Waiver  

The 212(d)(3) waiver application is filed either with the U.S. Consulate or with the CBP.

Waiver application at the U.S. Consulate

Applicants who need a nonimmigrant visa must file the 212(d)(3)(A)(i) waiver with the U.S. Consulate. When the 212(d)(3) waiver request is filed with the U.S. Consulate, no filing fee and no Form I-92 are required.

After the consular officer reviews your nonimmigrant visa application and makes an initial finding of inadmissibility, you may submit your waiver application on the day of the interview or days after the interview.

Assuming you are otherwise eligible for the visa, but for the inadmissibility bar, the consular officer ought to at least consider your waiver request. If the officer believes the waiver should be granted, he or she will make a favorable recommendation and forward the case to the CBP’s Admissibility Review Office for a final decision. If the officer does not recommend the waiver, the applicant may request review by the Department of State. (NOTE: The waiver application is not forwarded to the CBP’s ARO if the consular officer or Department of State determines the waiver request should be denied.)

If the ARO grants the waiver, the U.S. Consulate then decides whether to actually issue the nonimmigrant visa. Even when the 212(d)(3) waiver is granted, the U.S. Consulate may deny the visa for other reasons, e.g. the B-1/B-2 applicant failed to overcome the presumption of immigrant intent under INA 214(b). A waiver grant facilitates but does not guarantee the issuance of the visa.

Waiver application at the U.S. Port of Entry

Certain nonimmigrants do not require a visa to enter the United States for temporary visits. They include visa-exempt citizens of Canada, Palau, Federated States of Micronesia, and the Republic of the Marshall Islands.  [NOTE: Being visa-exempt is not the same as being a citizen of a Visa Waiver Program (VWP) country, where the applicant still has to receive authorization under ESTA. ESTA will not be granted to an inadmissible person.]

When a visa-exempt person files the 212(d)(3) waiver request with the CBP, a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant , plus the filing fee,  are required. The Form I-192 and accompanying documents should be filed in person with the CBP, months in advance of travel.

[UPDATE: Starting in mid-2019, eligible citizens of visa-exempt countries file the Form I-192 application through the online system, e-SAFE. Electronic filers need to go to the following ports of entry to complete the biometrics portion (fingerprints and photograph) of the waiver process: Blaine, Washington; Buffalo, New York; and Toronto Pearson International Airport. ] 

The CBP will forward the I-192 application and supporting documents to the ARO for further processing.

Exception

Inadmissible persons who are applying for T nonimmigrant status or U nonimmigrant status file the Form I-192 (waiver request) with U.S. Citizenship & Immigration Services (USCIS).

Processing Times

When the 212(d)(3) waiver request is filed with the U.S. Consulate, you can expect a normal processing time of 150 to 180 days before the ARO issues a final determination. The minimum processing time of 60 to 120 days is very rare.

When the 212(d)(3) waiver request is submitted directly to the CBP, you can expect a minimum processing time of 90 to 120 days, but it could be up to 150 to 180 days before the ARO issues a final determination.

Processing times are merely estimates and there can be long delays.

Work with an Immigration Attorney

The 212(d)(3) waiver, by itself, does not allow you to enter the United States. You still need the proper travel documents, including appropriate visa, to seek admission to the United States.

A 212(d)(3) nonimmigrant waiver request should include a cover letter/legal brief, affidavits and supporting evidence demonstrating why you are eligible for the waiver and deserve it as a matter of discretion. Having an experienced immigration attorney guide you through this process will make a positive difference.

For more information, watch the video:

###

This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each legal case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

SUBSCRIBE           CONTACT

Photo by: Hernán Piñera

Comments Off on 212(d)(3)(A) Nonimmigrant Waiver: Advantages and Disadvantages

Posted in H-1B, immigrant visa, nonimmigrant visa, The Legal Immigrant - Immigration Blog, waiver

Tagged , , , , ,