News Update - January 14, 2012

Some Points Brought Up by Customs and Border Protection

In a meeting of the American Immigration Lawyers Association and CBP officials from New York City and New Jersey CBP on October 18, 2011, some interesting points were brought up which might be helpful to some of our readers.

 1.   Aliens are not entitled to counsel when admissibility being determined although CBP as a courtesy will sometimes allow attorneys to be involved and accompany their clients but they are not technically able to represent until the notice to appear in the immigration court (NTA) has been issued. 

2.   Where the green card is expired, the bigger problem for the LPR is getting on the airplane because airlines are wary of the fines that can be issued for not having correct documentation although fines are unusual for lack of a valid green card.

3.   For persons outside the United States who hold H or L or advance parole status when the I-485 adjustment of status application to permanent residence is approved, he/she will be admitted as an LPR if the individual has evidence of the approval (I-797 approval).  CBP prefers to see the original, but can take a copy.

4.   Trade NAFTA (TN) applicants at Newark or JFK Airports should provide TN applications at primary inspection and they will then be directed to secondary inspection where the TN application will be processed.  Photocopies are accepted at both JFK and Newark. 

5.   Where an individual is admitted for a shorter validity period than the visa validity date, CBP will issue a corrected I-94 if the request is made within 30 days of the entry.  It is advisable to contact the Deferred Inspection Unit ahead of time.  After 30 days, the extension will have to be done through a formal extension with USCIS. 



The author is a 30+ year practitioner of immigration law based in New York City holding an AV preeminent rating in the Martindale-Hubbell Law Directory and registered in the Bar Register of Preeminent Lawyers. He was also recently named to the New York Super Lawyers list. He was awarded the Sidney A. Levine prize for best legal writing at the Cleveland-Marshall College of Law in 1977 and has written extensively on immigration over the past years for Interpreter Releases, Immigration Daily, and the ethnic newspapers, World Journal, Sing Tao, Pakistan Calling, Muhasha and OCS. He has testified as an expert on immigration in civil court proceedings and was recognized by the Taiwan government in 1985 for his work protecting human rights. His article, "The Bush Temporary Worker Proposal and Comparative Pending Legislation: an Analysis" was Interpreter Releases' cover display article at the American Immigration Lawyers Association annual conference in 2004, and his victory in the Second Circuit Court of Appeals in a case of first impression nationwide, Firstland International v. INS, successfully challenged INS' policy of over 40 years of revoking approved immigrant visa petitions under a nebulous standard of proof. Its value as precedent, however, was short-lived as it was specifically targeted by the Bush Administration in the Intelligence Reform Act of 2004.

This article © 2012 Alan Lee, Esq.

 

Copyright © 2003-2012 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.