Criminal Defense of Immigrants



 
 

§ 15.3 (B)

 
Skip to § 15.

For more text, click "Next Page>"

(B)  Coming to the United States:  There are various terms (in addition to those above) used in discussing noncitizens coming to the United States:

 

Admission:  Any noncitizen coming to the United States must be lawfully “admitted” into the United States after inspection by an immigration official at a port of entry.[31]

Deferred Inspection:  Paroling an arriving alien into the United States temporarily in order to give the noncitizen a chance to prove that s/he is admissible to the United States.[32]

Entry:  Although no longer defined for immigration purposes,[33] entry can be taken to mean physically crossing the border into the United States.

Immigrant Visa:  A travel document issued by the Department of State that allows a noncitizen intending to permanently reside in the United States to be admitted into the United States.

Non-Immigrant Visa:  A travel document issued by the Department of State that allows a noncitizen intending to temporarily reside in the United States to be admitted into the United States.

Returning Lawful Permanent Resident:  An LPR returning to the United States from a trip abroad is not generally considered a applicant for admission (or an arriving alien).  A returning LPR only becomes an applicant for admission if one or more of certain conditions is met (including being inadmissible due to criminal offenses).[34]

Visa Waiver Program:  A program that allows noncitizens from certain designated countries[35] to enter the United States temporarily without a visa.[36]  Noncitizens who enter via this program are severely restricted in what they can do while in the United States, and automatically waive a number of rights, including the right to a removal hearing before an immigration judge and the right to apply for relief from removal.[37]


[31] See § § 17.5-17.8, infra.

[32] See § 15.15, infra.

[33] “Entry” was previously defined at INA § 101(a)(13), 8 U.S.C. § 1101(a)(13) (1995).

[34] INA § 101(a)(13)(C), 8 U.S.C. § 1101(a)(13)(C).  See § 17.6, infra.

[35] 8 C.F.R. § 217.2.

[36] INA § 217, 8 U.S.C. § 1187; 8 C.F.R. § § 217.1-217.6.

[37] See, e.g., Schmitt v. Maurer, 451 F.3d 1092 (10th Cir. Jun. 20, 2006) (noncitizens who enter on the visa waiver program waive all rights to contest removal or appear before an immigration judge, except to apply for asylum; VAWA applicant who entered through Visa Waiver Program and overstayed therefore cannot adjust); Handa v. Clark, 401 F.3d 1129 (9th Cir. 2005).  But see Freeman v. Gonzales, 444 F.3d 1031 (9th Cir. Apr. 21, 2006) (bar to review of denial of benefits for those who entered United States via Visa Waiver Program does not apply to noncitizen who has filed an adjustment of status application as an immediate relative).  Asylum seekers are excepted.  8 C.F.R. § § 217.4(b), (c).

 

TRANSLATE