Arriving Alien: Assessing the Impact on Global Policy

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Navigating Through Alien Arriving In the U.S.

In the complex sphere of immigration law, one critical concept that often surfaces is that of an “arriving alien.” According to Title 8 of the Code of Federal Regulations (CFR), Section 1.2, an “arriving alien” refers to an individual seeking admission into the United States at a port of entry or who is seeking transit through the United States. 

This designation remains even if the individual is paroled under Section 212(d)(5) of the Immigration and Nationality Act (INA). The nuances of this status can greatly influence an individual’s immigration journey, affecting their eligibility for adjustment of status or other immigration benefits.

We at Andrew T. Thomas, Attorneys at Law, possess a deep understanding of the intricacies of the immigration system, and the term “arriving alien” carries significant weight in the cases we handle. 

The focus on family-based immigration means ensuring a smooth legal process for arriving aliens, fortifying the family unit, and bolstering its significance within the scope of U.S. immigration law. 

We shoulder the responsibility of guiding our clients confidently through each step of their immigration journey, standing by their side with the utmost integrity.  

Understanding the ‘Arriving Alien’ Status

An arriving alien refers to an individual attempting to enter the United States but who has not yet been admitted. Under the Immigration and Nationality Act (INA), such individuals are deemed applicants for admission. This status applies regardless of whether arrival is at a designated port or if one has been brought to the U.S. after being interdicted in international waters.

Rights of Arriving Aliens: Arriving aliens are subject to inspection by immigration officers. During this time, they hold certain rights, such as applying for asylum or claiming fear of persecution. If found to meet entry criteria, they may be paroled into the U.S. while their case is processed. This parole does not equate to a formal admission but allows temporary presence in the country.

Eligibility and Processes: Arriving aliens, once paroled, may have various pathways to adjust their status, particularly if they are eligible for certain immigration benefits, such as family-based petitions. These processes are governed by both the U.S. Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR). The latter involves hearings before the Board of Immigration Appeals if necessary.

Jurisdictional Nuances: Understanding the complex jurisdiction between USCIS and EOIR is essential. While the USCIS handles most affirmative applications, the EOIR adjudicates removal proceedings. Whether an arriving alien can adjust their status before USCIS or must present their case to an immigration judge depends on specific criteria outlined in U.S.C. Title 8 and regulatory definitions found in 8 CFR 1.2.

Our firm, Andrew T. Thomas, Attorneys at Law, has extensive experience navigating these nuanced legal landscapes. With a customized and efficient approach, we aim to uphold the integrity of the immigration process while fostering the reunification of families.

The Legal Process for Arriving Aliens

When individuals arrive at U.S. ports of entry, our primary responsibility is to ensure they receive a fair and thorough inspection. The Department of Homeland Security (DHS), with U.S. Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE), plays a crucial role in this process. Our firm, Andrew T. Thomas, Attorneys at Law, has extensive experience guiding clients through these procedures.

During the admission phase, arriving aliens may be detained and undergo removal proceedings if they are found inadmissible under immigration law. Common grounds for inadmissibility include: 

  • Health-related issues

  • Criminal history 

  • Security reasons 

  • Prior immigration violations. 

If an alien expresses fear of persecution or intent to apply for asylum, USCIS officers conduct a credible fear interview. Should individuals fail to convince officers of their credible fear of persecution, they may face expedited removal unless a review by an immigration judge is requested. 

We provide confidential assistance to prepare thoroughly for such interviews and, if needed, guide them through the subsequent appeal process, which involves the Board of Immigration Appeals (BIA) and potentially federal courts.

For those eligible to adjust status, such as paroled individuals in removal proceedings, our firm assists with filing the necessary petition. We understand that practicing within this aspect of the law is about keeping families together and ensuring that noncitizens receive a fair chance to present their cases.

Moreover, we practice in cases involving the Convention Against Torture, where deportability might harm the individual if returned to their home country. Our approach blends legal skill with compassion, ensuring no stone is left unturned in protecting our client’s rights. 

In our commitment to helping noncitizens adjust their status, we pay close attention to changes in laws and policy, such as guidance on arriving aliens and the legality of their status. 

How Our Law Firm Can Help

Let’s take a closer look at how our law firm can assist you in this context.

Appeals and Bonds

An alien seeking transit into the U.S. may find themselves facing various legal hurdles, including the need for appeals or bonds. At Andrew T. Thomas, Attorneys at Law, we understand the complexities of these processes and provide comprehensive assistance to navigate them effectively.

Our experienced team is well-versed in handling appeals for arriving aliens who have been deemed inadmissible or are facing removal proceedings. We meticulously review each case, identify grounds for appeal, and craft persuasive arguments to present before immigration judges or appellate boards.

Additionally, we recognize the importance of securing bonds for detained arriving aliens to expedite their release and ensure due process. Our firm advocates tirelessly to secure reasonable bond amounts, leveraging our knowledge of immigration law and procedural requirements.

Learn more about our appeals and bond services.

Preparing for Immigration Interviews

Immigration interviews can be daunting for arriving aliens seeking admission or adjustment of status. Preparation is key to presenting a strong case and articulating one’s circumstances effectively.

At Andrew T. Thomas, Attorneys at Law, we provide comprehensive guidance and support to help clients prepare for immigration interviews with confidence. Our team offers tips for immigration interviews tailored to each individual’s situation, covering topics such as presenting relevant documentation, understanding interview protocols, and articulating responses clearly and persuasively.

By equipping clients with the necessary tools and insights, we empower them to navigate the interview process successfully and increase their chances of a favorable outcome.

Locating Relatives or Friends

The apprehension of a loved one by Immigration and Customs Enforcement (ICE) can be distressing and overwhelming. At Andrew T. Thomas, Attorneys at Law, we recognize the urgency of reuniting families and offer assistance in locating relatives or friends who have been picked up by ICE.

Our firm employs a proactive approach, leveraging our resources and network to expedite the search process. We work diligently to gather relevant information and liaise with the relevant immigration officer and other authorities to provide ongoing support and updates to concerned family members.

In times of uncertainty, our compassionate team stands ready to offer guidance and assistance, ensuring that families are reunited swiftly and efficiently.

Case Studies and Testimonials

In our tenure at Andrew T. Thomas, Attorneys at Law, we’ve guided numerous clients through complex immigration processes, particularly those considered arriving aliens. Here, we share a snapshot of cases where our experience positively impacted lives:

Case Study: Lawfully Admitted for Permanent Residence

We advocated for an individual who had been lawfully admitted for permanent residence but faced complications due to an aggravated felony charge. Our meticulous defense led to a successful appeal, leveraging humanitarian reasons, which resulted in the client retaining their status and reuniting with their family.

Client Success: Humanitarian Reasons

 Maria G.

 “I was at risk of losing my permanent residence due to an unfortunate situation. The team at Andrew T. Thomas didn’t just see me as a case; they recognized my distress and fought for my stay in the U.S. for humanitarian reasons.”

Testimonial: Significant Public Benefit

 John S.

 “The attorneys here are remarkable! They saw the potential for a ‘significant public benefit’ in my unique skills and helped navigate the complex web of immigration laws to secure my status.”

   Case Highlight Outcome 

  • A public Benefit Waiver Granted, allowing the client to stay  

  • U-visa for Victim of Crime Applicant U-visa obtained, on the path to a green card possession.  

Let Us Work With You on Your Arriving Alien Process 

In the intricate landscape of immigration law, the classification of an individual as an “arriving noncitizen” carries precise legal implications. It is crucial to recognize the rights and processes applicable to individuals seeking to adjust their status or those facing proceedings upon arrival in the U.S.

We at Andrew T. Thomas, Attorneys at Law, have the experience to navigate through the complexities of these legal proceedings. Our experience encompasses a broad array of immigration matters, ensuring that our clients are provided with professional, confidential legal advice and assistance. Our continued dedication helps safeguard noncitizens’ rights and guide them through each step of their legal journey.

In every case, we tailor our strategy to meet the unique needs of our clients. With thousands of families assisted in acquiring legal immigration status, our tenacity and commitment to keeping families united stand at the forefront of our efforts.