Asian Journal- The Filipino-American Community Newspaper

For many immigration attorneys, an emergency is when she gets a phone call from a potential client who is being detained at the airport. This call is usually from someone who just landed and is now prevented from entering the US due to some admission issue. This is when the lawyer has to make hard decisions on the client’s immigrant status. It is at this critical moment when inspectors at the airport will decide whether the immigrant gets in or ordered back to the plane.

The US Customs and Border Protection (CBP) is charged with the inspection of visitors to the US Each year thousands arrive at airports throughout the US and they are met by men and women in dark uniforms. CBP officers usually ask probing questions to determine the admissibility of a US visitor. If you are a US citizen, CBP should not bother you too much. However if you are a permanent resident or a non-immigrant, some preparation is needed as you enter the US

Generally in US airports, there are two points of CBP inspection—"primary" and "secondary" inspection at each port of entry. The "primary" is usually a booth where the officer interviews the arriving immigrant concerning nationality and purpose for entering the US Sometimes foreign nationals are photographed and fingerprinted as required by the US Visit Program. If the primary officer needs to elicit more information, you may be referred to the "secondary" inspection site. This is where another CBP officer may ask more detailed questions and review your immigration documents. At this point, CBP can review the databases concerning the history of the US visitor. Some clients report waiting as long as three hours before being let out from this inspection point. If there are "skeletons in the closet," this is when they are going to be revealed.

The "secondary" interview is usually when a visitor is placed in the "hot seat." Immigration lawyers get calls during this "emergency" period. This is when immigration attorneys are usually called to intervene. During this inspection, the officer may ask piercing questions about previous trips, contacts, prior employment, prior entries, relatives, and/or plans for the US trip. If there are prior violations, the officer will require the visitor to explain or justify these violations. Although our office gets many calls from relatives of people in "secondary" inspection, attorneys are generally not permitted to participate in this inspection process. This is the kind of emergency that the visitor must anticipate and plan for with legal counsel.

The best way to deal with this kind of emergency is to devise a strategy in advance. The immigration attorney can discuss with the visitor issues concerning admissibility. Advance planning is often taken for granted by many immigrants who prefer to take a chance. Some fail to do the proper research or they consult with the wrong person and get in trouble at inspection. Inspectors are charged with catching those who evade or violate immigration laws and if you don’t prepare you may get turned around.

If there are serious allegations against a US visitor, the visitor may be allowed to withdraw his or her application for entry. This means that although the visitor may have to go return to his homeland, there may not be a negative mark on her immigration record. The alternative is getting an expedited removal. This will prevent the visitor from being admitted into the US for many years to come.

It is important that if expedited removal can’t be avoided, the foreign national must obtain Form I-831, the "Q&A." The CBP officer is required to make a record of a negative determination and all the facts leading to a decision. The Q&A will contain the important details of the discussion between the officer and the visitor. It will also contain the specific grounds of inadmissibility as stated by the CBP. This is the very first thing that we look for when we review an expedited removal case. In our investigation of such a case, we will search for the name of the CBP officer who made the negative determination and this will be the start of an inquiry whether the immigration was justified in its actions.

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Lazaro Law Group, Professional Corporation represents immigrants all over the United States and US Embassy in Manila. The firm’s offices are located in San Francisco, Makati City (Philippines), and Fremont, Union City California. Telephone (415)278-9577. E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it ; Website: www.LazaroLaw.com.

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This article should not be taken as legal advice for any individual case or situation. The information is intended to be general and should not be relied upon for any specific situation. This is not meant to create a lawyer-client relationship.