Border Inspections and Related Immigration Issues

In its ongoing efforts to streamline its operations, some 28 million businessmen, students, visitors, and temporary workers, as well as some lawful permanent residents are faced with increasingly stricter scrutiny at all U.S. ports of entry and exit.

Primary inspection entails presenting the proper documentation for admission at the port of entry. Although a visa is usually essential for admission into the US, it is not a guarantee of the right of entry. Inspection is conducted in order to determine whether an alien is categorically admissible. (see listing below)

If verification cannot be made on the documents presented or if certain documents are lacking, foreign nationals will be directed into a “secondary inspection” interviewing area where more vigorous interrogation takes place. The individual may be detained for an extended period and at some stage, cancellation of the entry visa is likely. The alien may elect to withdraw his application for admission and with dispatch, depart on the next available flight.

Deferred inspection arises when the inspecting officer elects to release the alien -- whose identity scores a hit on one of the governmentÂ’s lookout databases for criminal and national security advisories -- on parole pending additional determination of the individualÂ’s right to admission. Thus, an alien entering on parole has not been granted admission. Because the specter of removal exists, the individual has a right to an abbreviated removal hearing.

Under special circumstances and for certain incoming aliens, immigration officers may institute expedited removal if the alien is deemed to be inadmissible. Unless credible fear (of returning to the home country) exists or an intention to apply for asylum is presented, the officer is authorized to remove the individual without benefit of a hearing.



High Fraud Confronting Consular Officers

Regrettably, Manila has been afforded the dubious honor of being a high fraud post. Some of the fraud issues that consular officers often encounter include photo substitution on passports, false passports, and questionable authenticity on issues related to qualifying H1B employment as well as family-based petitions. An example of the latter includes supposedly unmarried sons or daughter obtaining legal permanent resident status and returning to the home country to remarry spouses in order to petition the spouse and children. In other cases, permanent residents undertake petitions for purported children who are actually members of an extended family (eg., nieces, nephews, and grandchildren). The popularity of fiancé(e) relationships borne out of long-distance correspondence may sometimes result in multiple K1 petitions from an American fiancé(e). Additionally, since divorce is not recognized in the Philippines, it takes some unraveling on the part of the consular officer to determine the true nature of family relationships.



Being Mindful of Immigration History and Previous Arrests or Criminal Convictions

During the normal course of the “green card” application process, numerous occasions for further examination of the applicant’s background arise. If it is determined that a previous arrest record exists, which may have gone undetected upon entry, it may float to the surface at this point. If it is a deportable offense, it will result in a denial of the adjustment of status to legal permanent residence (LPR) and ensuing removal.

Even an LPR is not immune to removal. The effects of the crime could lead to deportation if characterized as a crime involving moral turpitude and aggravated felonies. As a further stricture, immigration officials have a more stringent characterization of crimes and generally magnify their severity to an aggravated level. For example some misdemeanors and felonies (eg., domestic battery) may rise to the level of aggravated felony. Certain crimes, such as drug-related offenses and murder, require Immigration to subject a person, even in LPR status, to mandatory detention.

In some situations, there could be relief available to permanent residents if the crimes happened before 1998, when the pertinent provisions of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA 1996) went into effect.

Still, past fraudulent activities and criminal convictions that escape earlier change or adjustment of status processes can come to light in the final review during the naturalization application. As a consequence, one aspiring for US citizenship may be put into removal proceedings instead of becoming naturalized.



Primary Inspections are Critical in Gaining Admission

The mounting shadow of regiment at Immigration calls for prudent pre-departure measures to be undertaken by any nonimmigrant seeking admission into the US:

1) Passports and visas should be valid for entry into the US; validity should be at least 6 months beyond the expiration date of the planned period of stay (for visitors)

2) Visas should accurately reflect the current visa classification; upon receipt of the nonimmigrant visa at the US embassy or consulate, supporting immigration documents should be contained in a sealed envelope, attached to the bearerÂ’s passport, and to be opened only by the Customs and Border protection officer at the US port of entry

3) For students (F1) and those on exchange visitor (J1) status, certain documents such as the passport (including attached envelope of immigration documents) with visa, the SEVIS Form I-20 AB, I-20 MN, or DS 2019, evidence of financial resources, evidence of student/exchange visitor status (recent tuition receipts, transcripts), name and contact information for Designated School Official at the intended school or program, filled up Form CF-6059 Customs Declaration, and Form I-94 Arrival-Departure Record should be conveniently on hand

4) For foreign business visitors (B1), pleasure visitors (B2), marketing, accounting, financial, and health care workers (H1B) and their dependents (H4) petitioned by US employers, treaty traders (E1), investors (E2), and their dependents, a valid passport, valid visa, and valid I-94 are usually required

5) Documents should not be checked in with luggage; on the odds that luggage is lost or delayed, documents will not be presented to the Customs and Border Protection Officer and, as a result, prevent admission of the foreign national into the United States

Failure to exhibit proper and complete documentation and abide by the stipulated entry procedures may be cause for denial of entry.



Experience and Competence Counts

Retaining the services of a licensed immigration attorney that is able to sift through the maze of disclosed information from clients prior to submitting applications and filing for visas is always welcome relief to consular officers. In turn, clients are well-prepared and forthright in their responses to consular officers at the designated interview session. Material misrepresentation on the petitions and consequent investigation by the Fraud Prevention Unit within US Embassies and Consulates is avoided at the outset.

As the immigration process moves forward, numerous occasions arise to further investigate any anomalous actions that may have been missed in the initial visa issuance and status endowment. Criminal action that was not detected prior may crop up only to cause further inspection, mandatory detention, and finally deportation. Consulting with an experienced lawyer may be of valuable help in such cases.