Almost all immigrants without citizenship, but residing in the US legally, have heard or faced a problem of entry into the United States after a short absence, for example, after urgent travel, urgent leaving for personal reasons, the decision to relax a bit in another country, etc.
In what cases this can happen, why, and how to protect yourself?
One solution on all occasions, of course not. It is very important to understand the situation and know precisely your legal/immigration status before you leave the country.
It is also important to remember that the border authorities — Immigration and Custom Enforcement (ICE), responsible for a pass and permission to enter the U.S., have the right to refuse entry to country to anyone without American citizenship, even if he has a visa, Green Card, etc.
Naturally, most of the failures happen for a specific reason. But very often people do not even know of its existence until, as if nothing had happened, do not arrive (or not arrive) at the border (airport, port, pass, point, etc.).
Not always have a valid visa or green card is the key to a smooth entry into the country. I will enumerate only the principal categories of immigrants who enter the country may be prohibited or detained after a brief travel outside the United States.
1
Immigrants who arrived on a tourist visa and change of status to student or worker. In this case, if the change of status was made in America, a person has valid legal status, but no visa. In other words, such a person can legally stay in the country, but it doesn’t give him the right to enter, that is, the document about the change of status is not a visa on which you can enter the United States. Therefore, having a document’s status changes, after leaving the country to go to the American Embassy and get the visa on which you can freely enter the United States.
2
Another category of immigrants who are faced with the problem of entry into the United States, are permanent residents of America, the owners of the Green Card, which ever it was opened a criminal case. Many people know that even minor criminal offenses can be an obstacle to obtaining a green card, but it is still very important to know that those who already have it, may be in the process of deportation. Very often this occurs when an immigrant residing (or previously residing) under investigation, leaves the country, and then intends to move back in.
The immigration authorities at the border, learning about the presence of an open criminal case, a final which could be deportation, begin the process to deprive a man of a green card.
3
Immigrants in the process of obtaining permanent resident status, but not having it can be «refuseniks», if you will leave America to get a green card.
Consider the following scenario: an immigrant who was in the country illegally, getting married (or getting married) and on the basis of marriage to a citizen (or a citizen) submits an application for a green card. While the case is pending, such an immigrant has the right to be in America and get a work permit.
But if he leaves the country, then it is very likely that when you try to move back he (or she) will be denied entry as a formal process of obtaining a green card is not yet over.
In conclusion, we can say that people who do not have a green card or citizenship, you should consult an attorney before you go abroad. And even those who have a green card, but there are any «aggravating» factors (e.g. a criminal case, past or present, etc.), should also be very careful when it comes to leaving the country.
Alexander Ziring
lawyer
tel: (718) 332-5600
The main thing that everyone should know, — there are no hopeless situations.
Article entry into the United States, or who may not be allowed was first published 03/09/2017
