Transcript of our latest video on Youtube.
The consequences of an individual being apprehended trying to enter the US and formally sent back can be devastating with far reaching ramifications. Under Section 235 of the Immigration and Nationality Act, all aliens applying for admission are subject to inspection by an immigration officer. Furthermore, under some circumstances, aliens present in the US who have not been admitted are also treated as applicants for admission, ie., if encountered within 100 miles of either border with Mexico or Canada who cannot prove that they have been continuously in the US for at least 14 days. Section 235 authorizes an officer to summarily exclude an individual who is arriving in the US and is determined to be inadmissible under 212(a)(6)(C) or 212(a)(7). 212(a)(6)(C) refers to fraud or willful misrepresentation of a material fact in connection with entry into the US, and (a)(7) refers to documentary requirements. Unlike the vast majority of individuals who are caught by Immigration and Customs Enforcement (ICE) within the US, aliens caught at the border may be ordered removed by an officer without recourse to a further review or hearing unless the person indicates an intention to apply for asylum or expresses some fear of persecution. An order under these circumstances is termed an "expedited removal." Importantly, it does not need to be issued by a judge, and once excluded, the individual is barred for five years from re-entering the United States.
The following is a transcript of a video we recently put up on Youtube about this topic:
Despite everything a person may have gone through to finally become a permanent resident, an individual may come to the conclusion that the United States is just not where he or she wishes to stay. In some instances, the person may not like living here, for whatever reason, and in others, the pull of his or her native country is just too strong. Regardless of an individual's reasons, the question then becomes how does one relinquish one's green card but leave the door open to one day return to the United States? This is actually a very complex question with significant consequences, depending on which actions the green card holder makes.
USCIS just released a new policy memorandum that may be of interest and help to surviving relatives of US Citizens. PM 602-0126 is entitled "Approval of a Spousal Immediate Relative Visa Petition under Section 204(l) of the Immigration and Nationality Act after the death of a U.S. Citizen Petitioner." The memo is highly technical and intended for USCIS employees, but the main thrust of it is to nationally implement the holding of Williams v. DHS Secretary, 741 F. 3d 1228 (11th Cir. 2014), a court case out of the 11th circuit, and clarify the boundaries of 204(l).