However, circuit courts have found that these issues are do not matter in the reinstatement of removal context.
Kurzban, Ira J. Washington D. Skip to main content. Skip to content. When is the Entry of an Inadmissible Alien an Admission? Administrative and Judicial Precedents The BIA and federal courts have consistently held, with limited exceptions, that so long as the process was procedurally legal, the alien is considered to have been admitted.
Board of Immigration Appeals Precedents The Board of Immigration Appeals has issued several decisions on the status of persons who were inadmissible at the time of admission. Circuit Court Precedents Circuit courts have also weighed in on these issues, generally reaching the same conclusions as the BIA. Mukasey, F. Holder, F. Attorney General of the U. INS, U. Johnson , Fed. Deportation - The formal removal of an alien from the United States when the alien has been found removable for violating the immigration laws.
Immigrant - See Permanent Resident Alien. Legal Residents -- All persons who were granted lawful permanent residence; granted asylee status; admitted as refugees; or admitted as nonimmigrants for a temporary stay in the United States and not required to leave by January 1, Nonimmigrant residents refer to certain aliens who were legally admitted temporarily to the United States for specified time periods such as students and temporary workers.
LPRs may accept an offer of employment without special restrictions, own property, receive financial assistance at public colleges and universities, and join the Armed Forces. They also may apply to become U. See also Permanent Resident Alien below. Naturalization - The conferring, by any means, of citizenship upon a person after birth. Permanent residents are also commonly referred to as immigrants; however, the Immigration and Nationality Act INA broadly defines an immigrant as any alien in the United States, except one legally admitted under specific nonimmigrant categories INA section a An illegal alien who entered the United States without inspection, for example, would be strictly defined as an immigrant under the INA but is not a permanent resident alien.
Lawful permanent residents are legally accorded the privilege of residing permanently in the United States. They may be issued immigrant visas by the Department of State overseas or adjusted to permanent resident status by the Department of Homeland Security in the United States. U You should keep in mind that consular officers do not have the authority to make determinations regarding retention or loss of LPR status and cannot require any individual to relinquish LPR documentation.
On the other hand, there are no regulations that state that a fraudulent document cannot be retained if presented to a consular officer for verification or other action. U In cases where you are able to verify the legitimacy of a DHS document, you should follow these instructions:. If the person is traveling, you should notify the carrier if known that the document may be fraudulent.
The carrier should be informed that if the document is, in fact, counterfeit or altered and the carrier has decided to risk transporting the person , the carrier may be subject to DHS fines. Occasionally, in emergent circumstances, USCIS may authorize consular officers to accept the petition. U There is no legal restriction preventing an LPR from obtaining another immigrant visa in a different preference status to confer derivative status on a spouse or child.
There is also no requirement that the resident abandon LPR status. It has a maximum validity of 2 years but may be assigned a shorter validity period. Post should issue a no-fee ACRS receipt using code 85D for each document received and would then hold the document in a secure location until the LPR makes contact to pick up the reentry permit.
Post may choose to publish lists of receipt numbers for received documents on their website but is not required to contact recipients. Post should determine the best method for scheduling the pick-up based on their specific volume and workload. U Unclaimed Expired Reentry Permits: Unclaimed expired reentry permits are permits that are sent to posts but have never been collected by the intended recipient. Box , Lincoln, NE Unlike boarding foils for those with lost, stolen, or destroyed Form I, Permanent Resident Card green cards , individuals with lost, stolen, or destroyed reentry permits can apply for LPR boarding foils if they are seeking to return from temporary foreign travel during the 2 years between the date the individual left the United States and the date the fee for Form IA was paid.
U See 9 FAM U This guidance establishes standard operating procedures for issuing a boarding foil to an LPR at overseas consular sections when the LPR wishes to return to the United States but is not in possession of valid proof of LPR status. U A boarding foil may be considered by the airline as evidence of the travelers' status as an LPR.
It serves only to give notice to the air carrier that the U. Government does not intend to issue a penalty under INA b. U A boarding foil does not replace expectations for a traveler to present a valid passport or other valid travel document to CBP at the port of entry POE. Government civilian or military showing the time outside the U. U These individuals should be encouraged to consult their air carrier prior to paying for Form IA. U If posts find local carriers that do not accept an expired Form I as a valid travel document to the United States, please encourage the carrier to work with CBP liaisons to clarify the requirements.
The document is not a guarantee of admission or entry into the United States. CBP will carry out all required procedures upon the traveler's arrival. A boarding foil can be issued on or after the one-year mark, if the Form IA fee is paid within the one-year period, i.
Posts should determine how to best schedule these appointments. Instead, you must verify that the Form IA fee has been paid. If the applicant no longer has the receipt email, fee payment can alternatively be confirmed through PCQS. You can review the applicant's information by either entering the name and date of birth of the individual, the USCIS receipt number, or the A-number. Under the "Payment Status" field it should say "Completed":. U Forms: On or before the day of the interview, the applicant must complete, print, and submit Form IA, Application for a Travel Document Carrier Documentation , and all required evidence.
All biodata fields must be completed, as applicable. U Intake: The applicant appears in person for his or her interview bringing one photograph adhering to current visa photo standards see 9 FAM Government-issued photo I. If time outside the United States is longer than permitted, the applicant may be eligible to apply for an SB-1 visa to return to the United States.
If the applicant does not qualify for the boarding foil and decides to apply for a SB-1, a note should be added to the LPR boarding foil application case file, indicating that the individual will apply for an SB-1 visa. Please be sure to select "Miscellaneous" as the document type from the dropdown list.
U Issuance: If you can determine that the applicant is qualified, you may issue the LPR temporary proof of status in the form of a boarding foil. This annotation may be selected from the dropdown of standard annotations available in NIV, if the A is filled in as well :.
You should be aware, however, that you may encounter passports with counterfeit ADIT stamps. You may also consider other evidence, such as airplane tickets; and. An unexpired immigrant visa IV , Reentry Permit, or other valid entry document is required of an immigrant under INA a 7 except as indicated below.
The bearer may use this card, in conjunction with his or her national passport, and any other necessary documentation, to board a U.
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