Statutes (The Immigration and Nationality Act) Regulations (8 CFR and also known as administrative law )

Similar documents
GAO ILLEGAL ALIENS. INS' Processes for Denying Aliens Entry Into the United States

Department of Homeland Security Delegation Number: Issue Date: 06/05/2003 DELEGATION TO THE BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES

ICE. I.C.E. Under D.H.S. Customs and INS Investigations DRO

JTIP Handout:Lesson 34 Immigration Consequences

9 FAM 40.6 EXHIBIT I GROUNDS OF INADMISSIBILITY AVAILABLE WAIVERS

AFTER TPS: OPTIONS AND NEXT STEPS

Glossary, Forms, And Abbreviations Abbreviation or Form

Asylum and Refugee Provisions

6 CFR: HOMELAND SECURITY

FIJI ISLANDS IMMIGRATION ACT 2003 ARRANGEMENT OF SECTIONS. Part 1 - PRELIMINARY. Part 2 - DESIGNATION, APPOINTMENTS AND POWERS OF IMMIGRATION OFFICERS

Alien Removals and Returns: Overview and Trends

Back To School: Immigration Issues for Students and Universities,

CODE OF FEDERAL REGULATIONS TITLES 6, 19, 20, 22, 28, 29, 42, 45 LIST OF SECTIONS

Asylum in the Context of Expedited Removal

Delegation ofauthority to the Assistant Secretary for u.s. Immigration and Customs Enforcement

(1) Classification: B-1 Visitor for business.

Immigration Act 2014

TABLE OF CONTENTS. Foreword...v Acknowledgments...ix Table of Decisions Index...367

Privacy Act of 1974; Department of Homeland Security, U.S. Customs and Border

INDEX Abused spouses and children. See Vio- lence Against Women Act (VAWA) Addicts. See Drug abusers Adjustment of status. See also Form I-485

CHAPTER ONE INTRODUCTION. 1.1 What Is Parole?

NAFSA REGION III CONSULAR AFFAIRS UPDATE

INFORMATION FOR INITIAL I-20 APPLICANTS. Requirements

Screening Far and Wide

GAO MARITIME SECURITY. Federal Agencies Have Taken Actions to Address Risks Posed by Seafarers, but Efforts Can Be Strengthened

Screening TPS Beneficiaries for Other Potential Forms of Immigration Relief. By AILA s Vermont Service Center Liaison Committee 1

Policy Memorandum. U.S. Citizenship and Immigration Services. May 10,2018 PM Accrual of Unlawful Presence and F, J, and M Nonimmigrants

A Primer on U.S. Immigration Policy

6 CFR: HOMELAND SECURITY

MEDICAL SERVICES POLICY MANUAL, SECTION D

Background on the Trump Administration Executive Orders on Immigration

IMMIGRATION ORDINANCE

A Primer on U.S. Immigration Policy

Annual Report. Immigration Enforcement Actions: Office of Immigration Statistics POLICY DIRECTORATE

INDEX Alphabetization is word-by-word (e.g., R visas precedes REAL ID Act )

Overview of Immigration and the Law

Status Eligibility Definition SAVE Code Documentation Card Documentation

Executive Actions on Immigration

Copyright American Immigration Council, Reprinted with permission

Executive Actions Relating to Immigration

Tips for Completing the Form DS-156

Law No. 24 of 1973 on Residence and Foreigners' Affairs

PRESIDENT TRUMP S EXECUTIVE ORDERS ON IMMIGRATION

If 2nd Level review Required: List of additional documentation that may be required

Frequently Asked Questions: Electronic System for Travel Authorization (ESTA)

a GAO GAO BORDER SECURITY Additional Actions Needed to Eliminate Weaknesses in the Visa Revocation Process

Adjustment of Status for T Nonimmigrants By Sarah Bronstein

INFORMATION FOR INITIAL I-20 APPLICANTS. Requirements

Immigration Issues in Child Welfare Proceedings

Immigration-Related Document Fraud: Overview of Civil, Criminal, and Immigration Consequences

FEDERATED STATES OF MICRONESIA IMMIGRATION REGULATIONS TABLE OF CONTENTS. Part 1 General Provisions Page 1. Part 2 Entry of Non Citizens Page 2

TABLE OF CONTENTS. Representing Clients in Immigration Court, 5th Ed. Acknowledgments... ix Table of Decisions Index

WikiLeaks Document Release

NAFSA REGIONS III & VII

Lawfully Residing Children and Pregnant Women Eligible for Medicaid and CHIP

THE IMMIGRATION ACT, 1972 TABLE OF CONTENTS PART I PRELIMINARY PART II

Rules and Regulations

GAO. ILLEGAL ALIENS Opportunities Exist to Improve the Expedited Removal Process. Report to Congressional Committees

IMMIGRATION ACT. RL 3/83-17 May 1973 ARRANGEMENT OF SECTIONS

Unaccompanied Alien Children Legal Issues: Answers to Frequently Asked Questions

Trump Executive Order Travel Ban. CUNY Citizenship Now! Graduate Center March 16, 2017

Petition for U Nonimmigrant Status

Lawfully Present Individuals Eligible under the Affordable Care Act

Looking Beyond DACA/DAPA Part 1: Advance Parole June 28, 2016

DEPARTMENT OF HOMELAND SECURITY BUREAU OF CUSTOMS AND BORDER PROTECTION. 8 CFR PARTS 212, 214, 231 and 233 (CBP DEC ) RIN 1515-AD36

United States Court of Appeals

U Visa Interim Regulations Fact Sheet and Guidance

Immigration Law Basics

U Visa Interim Regulations Fact Sheet and Guidance (2007)

CRS Report for Congress Received through the CRS Web

Cultural Perspectives Panel

Lawfully Present Individuals Eligible under the Affordable Care Act

Immigration Law Overview

OFFICE OF BUSINESS LIAISON

Questions and Answers January 14, 2010

1625 K Street NW Suite 750 Washington DC Tel:

CHAPTER 1 INTRODUCTION. 1.1 Introduction to Citizenship

Q&A: DHS Implementation of the Executive Order on Border Security and Immigration Enforcement

ALL THOSE RULES ABOUT CRIMES INVOLVING MORAL TURPITUDE

Immigration Violations

Section 2-Appearance Before Immigration Officer on Entering Ghana. Section 3-Illegal Place of Entry and Border-Resident.

OVERVIEW OF IMMIGRATION CONSEQUENCES ANALYSIS

UNCLASSIFIED (U) U.S. Department of State Foreign Affairs Manual Volume 9 Visas 9 FAM NOTES

Fact Sheet: Electronic System for Travel Authorization (ESTA)

AMERICAN IMMIGRATION LAW FOUNDATION DHS ANNOUNCES UNPRECEDENTED EXPANSION OF EXPEDITED REMOVAL TO THE INTERIOR

DEPARTMENT OF HOMELAND SECURITY CUSTOMS AND BORDER PROTECTION. 8 CFR Part 212 RIN 1651-AA97 USCBP

Introduction to the J-1 Home Residency Requirement

CHAPTER 2 Inadmissibility, Deportability, Waivers, and Relief from Removal

Parole & Asylum Requests at the Border GET IN & GET OUT

U.S. Department of Homeland Security Student and Exchange Visitor Program th Street, SW Washington, DC 20536

FEDERAL LAW OF THE RUSSIAN FEDERATION ON THE PROCEDURE FOR EXIT FROM THE RUSSIAN FEDERATION AND ENTRY INTO THE RUSSIAN FEDERATION

IMMIGRATION UNDER THE NEW ADMINISTRATION WHAT TO EXPECT AND HOW TO PREPARE

Notes from the JFK Port of Entry Tour:

REPUBLIC OF VANUATU IMMIGRATION ACT NO. 17 OF Arrangement of Sections PART 1 PRELIMINARY

CRIMINAL DEFENSE LITIGATION HYPOTHETICAL ANSWER KEY. LABE M. RICHMAN, Esq.

Termination of the Central American Minors Parole Program

Turkey: Constantinople & More

Executive Order: Enhancing Public Safety in the Interior of the United States

CRS Report for Congress

Family member(s) relationship to you (the principal). Information about you. Information about your family member (the derivative).

Transcription:

Who makes the rules? Statutes (The Immigration and Nationality Act) Regulations (8 CFR and also known as administrative law ) Policy (DHS/CBP) Judicial Rulings (Rendered Legal Opinions) Statutes Statutes are made by Congress Second only to tax law in complexity Ever-changing and fluid Subject to interpretation Regulations Regulations are created by the Executive Branch agencies Expands and interprets the statues through regulation Also known as administrative law The CFRs are published in the Federal Registry Policy Policies are made by department agencies (DHS/CBP) Federal agencies work within the statutes and regulations to form an operational framework called policy Policy can be amended or changed by agency as long as it is within regulations

Judicial Review Board of Immigration Appeals General Counsel Rulings reshape policy Rulings can strengthen or weaken authority C-1, C1/D, and B-1 OCS Visas What is the difference? What visa does my crew need? How do I prevent my visa from being cancelled? C-1 Visa The C-1 visa is a transit visa A C-1 cannot adjust status The duration of transit is 29 days The visa holder must conclude transit before the 29 days have lapsed C-1/D Visa A C-1/D allows the visa holder to transit and join a vessel as a crewmember A C-1/D cannot adjust status As a D-1 the visa holder can crew a vessel and be granted a 29 day shore pass As a D-2 the visa holder can sign off the vessel and be given up to 29 days to leave the United States

B-1 OCS Visa B-1/OCS visas are issued to crewmembers of international vessels operating on the Outer Continental Shelf or Gulf of Mexico for more than 29 days. In determining who qualifies for the B-1/OCS visa, Consular Officers take into consideration the individual s responsibilities and activities on the ship, shipyard, or platform. A B-1 OCS visa holder does not need to request landing rights (shore leave). The B-1 OCS crewmember has the same status as any other B-1 visitor for business and is admitted, not landed. Cancellation of a visa What are some of the reasons that a visa is cancelled? The subject has violated the conditions the visa Overstay Incorrect category (working on a B-2 tourist visa) Fraud or misrepresentation Statutory cancellation (intentional or unintentional violation of the visa) Key points to remember Once the status has been violated the visa is no longer valid Cancellation with or without prejudice The following is from the DOS website and pertains to visa overstays Staying unlawfully in the United States beyond the date Customs and Border Protection (CBP) officials have authorized, even by one day, results in your visa being automatically voided, in accordance with INA 222(g). Under this provision of immigration law, if you overstay on your nonimmigrant authorized stay in the U.S., your visa will be automatically voided. In this situation, you are required to reapply for a new nonimmigrant visa, generally in your country of nationality. www.dos.gov Expedited Removal limited to fraud and immigrant not in possession of an immigrant visa charges 5 or 10 year bar, lifetime bar Voluntary withdrawal No specific penalty other than cancellation of visa Voluntary departure Cancellation with or without prejudice

Why are crew detained on board? Lack of a valid visa Out of status Security concerns Improper documentation Parole defined: Per 8 CFR section 253.1, CBP has the option of granting paroles at their discretion. SIGNIFICANT PUBLIC BENEFIT HUMANITARIAN CIRCUMSTANCES OTHER LIMITED CIRCUMSTANCES deemed appropriate by CBP. SIGNIFICANT PUBLIC BENEFIT An alien that is subpoenaed as a witness by a local, state, or federal jurisdiction. A stowaway or other individual found inadmissible and therefore requiring entry for processing for removal from the United States HUMANITARIAN Illness or injury requiring medical attention Shipwrecked or castaway seamen rescued at sea Aliens alleging persecution Voluntary Departure DEFINITION: A voluntary departure permits an individual, who is otherwise removable, to depart from the United States at his/her own expense within a designated amount of time in order to avoid a final order of removal. Is preferable to deportation Is an adverse action

Is not a substitute for improper itinerary planning When a removable alien requests voluntary departure that alien has already violated the terms of his/her visa. In other words, the alien has statutatorily cancelled their visa.