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.
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