Saturday, 22 December 2012
Car Rental In Rome - A Trend Toward Expedited Removal For Loved Ones of US Citizens Using US Tourist Visas
The following article is a brief overview of the situation. There seems to be a recent trend of expedited removals of aliens attempting to enter the US on tourist visas.
It does provide this author an opportunity to discuss expedited removal and how it can affect a loved one's chances of subsequently entering the United States of America, however. This might not be the general policy of the Customs and Border Protection Service or the Department of Homeland Security. It seems that non-immigrant aliens are being turned away at US ports of entry on the basis that they are undisclosed intending immigrants, more and more. Have noticed an increasing number of expedited removals at US ports of entry, along with other Immigration attorneys in Bangkok, this author, in recent months.
This usually results in the foreign significant other being banned from the USA for a minimum of 5 years. But uses expedite removal to send them back to their country of origin, there seems to be a number of instances where a Customs and Border Protection official finds the entrant not only inadmissible, at the present time. And go back to their home country (the home country was usually Thailand in this author's experience), board a plane, in many cases in the past the prospective entrant was accorded an opportunity to voluntarily withdraw their application for entrance. And detainment while officers made a decision as to the disposition of the case, body searches, some travelers were made the subject of baggage searches, after questioning. Or loved one of a US Citizen, fiancee, wife, the foreign national was a girlfriend, in these cases. The foreign national entrant was detained at the border while attempting to enter the USA on a tourist visa, in the cases we have recently seen.
" [212(a)(7)(i)(1)] Or document of identity and nationality if such document is required under the regulations, or other suitable travel document, and a valid unexpired passport, or other valid entry document required by [The Immigration and Nationality Act], border crossing identification card, reentry permit, the most often cited reason for expedited removal of foreign loved ones attempting to enter the US on tourist visas occurs in a case where the Customs and Border Protection official deems an alien with a tourist visa to be an "immigrant who is not in possession of a valid unexpired immigrant visa, for the purposes of this article. The Customs and Border Protection service was given the authority to impose expedited removal upon aliens attempting to enter the USA, amending Section 235(b) of the INA, which became effective April 1st 1997, pursuant to Section 302 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). How can it be that a CBP officer has the ability to remove an alien attempting to enter the US on a valid visa?
A K3 visa or an Immigrant visa could be used to forestall expedited removal on the aforementioned grounds, in cases involving a foreign spouse. A similar situation could be avoided should a foreign fiancee use a K1 visa to enter the USA. CBP seems to be using expedited removal when they believe an alien is secretly an intending immigrant using a tourist visa to quickly enter the United States and adjust status to permanent residence, essentially.
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