Deferred Inspection
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Deferred Inspection
Deferred inspection is a procedure in immigration enforcement in the United States for Arriving Aliens. Here, the final decision on whether to admit the Arriving Alien, instead of being conducted at the port of entry where the alien arrived, is deferred to be carried out later at a deferred inspection site, while the alien is paroled into the United States. The guidelines followed at the deferred inspection site are largely the same as those followed by the officers at the port of entry, and are described in the U.S. Customs and Border Protection's Inspector's Field Manual. Aliens do not accrue unlawful presence between the time of arrival and the date of deferred inspection, but they do begin to accrue unlawful presence after their parole ends, if they are not successfully admitted at the deferred inspection site by then. The officers at both the port of entry and the deferred inspection site are part of the CBP Office of Field Operations. Decision at the port of entry to use defer ...
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United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ...
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Port Of Entry
In general, a port of entry (POE) is a place where one may lawfully enter a country. It typically has border security staff and facilities to check passports and visas and to inspect luggage to assure that contraband is not imported. International airports are usually ports of entry, as are road and rail crossings on a land border. Seaports can be used as ports of entry only if a dedicated customs presence is posted there. The choice of whether to become a port of entry is up to the civil authority controlling the port. Airport of entry An airport of entry (AOE) is an airport that provides customs and immigration services for incoming flights. These services allow the airport to serve as an initial port of entry for foreign visitors arriving in a country. Terminology The word "international" in an airport's name usually means that it is an airport of entry, but many airports of entry do not use it. Airports of entry can range from large urban airports with heavy scheduled pas ...
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CBP Office Of Field Operations
The Office of Field Operations (OFO) is a federal law enforcement agency within the U.S. Customs and Border Protection (CBP) responsible for managing United States customs operations at 20 Field Operations offices, 328 ports of entry, and 16 pre-clearance stations in Canada, Ireland, the UAE, and the Caribbean. Headed by an Executive Assistant Commissioner, OFO directs the activities of more than 27,000 employees, including more than 22,000 CBP Officers and Agriculture Specialists. CBP Office of Field Operations is the largest component in CBP. Overview CBP OFO has full Border Search Authority granted by the U.S. Congress which allows officers to stop, question, inspect and examine any person or conveyance entering or exiting the United States and place those individuals violating federal law under arrest. Ports of entry are responsible for daily port specific operations. Port personnel are the face at the border for most visitors and cargo entering the United States. Here, CBP en ...
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Lawful Permanent Resident
A green card, known officially as a permanent resident card, is an identity document which shows that a person has permanent residency in the United States. ("The term 'lawfully admitted for permanent residence' means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed."). Green card holders are formally known as lawful permanent residents (LPRs). , there are an estimated 13.9 million green card holders, of whom 9.1 million are eligible to become United States citizens. Approximately 65,000 of them serve in the U.S. Armed Forces. Green card holders are statutorily entitled to apply for U.S. citizenship after showing by a preponderance of the evidence that they, among other things, have continuously resided in the United States for one to five years and are persons of good moral character.''Al-Sharif v. United States Citizenship and Immigra ...
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Form I-94
Form I-94, the Arrival-Departure Record Card, is a form used by U.S. Customs and Border Protection (CBP) intended to keep track of the arrival and departure to/from the United States of people who are not United States citizens or lawful permanent residents (with the exception of those who are entering using the Visa Waiver Program or Compact of Free Association, using Border Crossing Cards, re-entering via automatic visa revalidation, or entering temporarily as crew members). While the form is usually issued by CBP at ports of entry or deferred inspection sites, USCIS can issue an equivalent as part of the Form I-797A approval notice for a Form I-129 petition for an alien worker or a Form I-539 application for extension of stay or change of status (in the case that the alien is already in the United States). Issuance for arriving aliens The responsibility of issuing Form I-94 is with the CBP Office of Field Operations (OFO), a subdivision of U.S. Customs and Border Protecti ...
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Expedited Removal
Expedited removal is a process related to immigration enforcement in the United States where an alien is denied entry to and/or physically removed from the country, without going through the normal removal proceedings (which involve hearings before an immigration judge). The legal authority for expedited removal (in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)) allows for its use against most unauthorized entrants who have been in the United States for less than two years. Its rollout so far has been restricted to people seeking admission and those who have been in the United States for 14 days or less, and excludes first-time violators from Mexico and Canada. History Legal authority given by IIRIRA (passed 1996, effective 1997) Expedited removal was first introduced in United States immigration law as part of the IIRIRA, passed by the 104th U.S. Congress and signed into law by then U.S. President Bill Clinton. The IIRIRA gave the U.S. Immigr ...
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Withdrawal Of Application For Admission
Withdrawal of application for admission is an option that U.S. Department of Homeland Security might offer to an Arriving Alien whereby the alien chooses to withdraw his or her application to enter the United States, and immediately departs the United States (or pre-clearance port of entry). Unlike an order of removal (including expedited removal as well as orders obtained as a result of removal proceedings), a withdrawal of application for admission does not create a bar to future entry. Types of withdrawal For people who are not Lawful Permanent Residents For people who are not United States Lawful Permanent Residents, withdrawal of application for admission is officially noted on Form I-275, Withdrawal of Application for Admission/Consular Notification. The Form I-275 has two pages. The first page includes the alien's biographical information and the reasons why the application would have been denied. The second page includes a signed statement by the alien acknowledging re ...
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Removal Proceedings
Removal proceedings are administrative proceedings to determine an individual's removability under United States immigration law. Removal proceedings are typically conducted in Immigration Court (the Executive Office for Immigration Review) by an immigration judge (IJ). History Prior to the passage of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA"), deportation proceedings were used to determine whether a person could be deported from the United States. When IIRIRA took effect in 1997, deportation proceedings were replaced by removal proceedings, though any cases begun before IIRIRA's effective date continue to be processed as deportation proceeding. Procedure Persons in removal proceedings are called "respondents." Cases are decided by immigration judges, who are appointed by the Attorney General and are part of the Department of Justice. Removal proceedings are prosecuted by attorneys from the Department of Homeland Security ("DHS"), or mor ...
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Form I-129
Form I-129, Petition for a Nonimmigrant Worker is a form submitted to the United States Citizenship and Immigration Services used by employers or prospective employers to obtain (or amend the details of) a worker on a nonimmigrant visa status. Form I-129 is used to either file for a new status or a change of status, such as new, continuing or changed employer or title; or an amendment to the original application. Approval of the form makes the worker eligible to start or continue working at the job (on or after the indicated start date) if already in the United States. If the worker is not already in the United States, an approved Form I-129 may be used to submit a visa application associated with that status. The form is 36 pages long (8 pages for the main form, and the remaining pages for various supplements not all of which may be applicable to every petition) and the instructions for the form are 29 pages long. It is one of the many USCIS immigration forms. Visa statuses for whic ...
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Form I-539
Form I-539, Application to Extend/Change Nonimmigrant Status is one of the forms issued by the United States Citizenship and Immigration Services. It is used by people currently in the United States in a non-immigrant status to change the classification for their status and/or extend their stay with their current status. Both the current status and the status to which the transition is being sought ''must'' be non-immigrant visa statuses. The corresponding form used for Adjustment of Status to that of a Lawful Permanent Resident is Form I-485. However, whereas Form I-485 is ''always'' needed when adjusting status within the United States to that of Lawful Permanent Resident from a non-immigrant status, Form I-539 is only needed for some kinds of transitions or extensions of stay. Extension of stay Extendable current statuses For the following current statuses, any extension of stay beyond that specified on the Form I-94 requires the filing of Form I-539: * A visa: ambassadors ...
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Adjustment Of Status
Adjustment may refer to: *Adjustment (law), with several meanings *Adjustment (psychology), the process of balancing conflicting needs *Adjustment of observations, in mathematics, a method of solving an overdetermined system of equations *Calibration, in metrology * Spinal adjustment, in chiropractic practice *In statistics, compensation for confounding variables See also *Setting (other) Setting may refer to: * A location (geography) where something is set * Set construction in theatrical scenery * Setting (narrative), the place and time in a work of narrative, especially fiction * Setting up to fail a manipulative technique to eng ... {{disambiguation ...
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F Visa
In the United States, the F visas are a type of non-immigrant student visa that allows foreigners to pursue education (academic studies and/or language training programs) in the United States. F-1 students must maintain a full course of study. F-1 visas are only issued in U.S. embassies and consulates outside the United States, although extensions of stay and changes of status may be possible within the United States. Prospective F-1 students must apply at the schools and receive a form I-20 in order to apply for an F-1 visa. F-1 students must show that they are able to support themselves during their stay in the U.S., as their opportunities for legal employment are quite limited. F-2 visas are given to dependents of an F-1 student. F-2 visa-holders are prohibited from any form of compensated employment. However, minor children may attend public schools. Finally, the F-3 visa is issued to Canadians and Mexicans who commute across the border to attend American schools. Three types o ...
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