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SEQ CHAPTER \h \r 1AMERICAN IMMIGRATION LAWYERS ASSOCIATION (AILA) OF THE WASHINGTON, D.C. AND PHILADELPHIA CHAPTERS LIAISON MEETING WITH UNITED STATES CUSTOMS AND BORDER PROTECTION (CBP) (WASHINGTON DULLES, BALTIMORE & PHILADELPHIA)tc \f 1 "AMERICANIMMIGRATIONLAWYERSASSOCIATION(AILA)OFTHEWASHINGTON,D.C.ANDPHILADELPHIACHAPTERSLIAISONMEETINGWITHUNITEDSTATESCUSTOMSANDBORDERPROTECTION(CBP)(WASHINGTONDULLES,BALTIMORE&PHILADELPHIA)"Meeting: Wednesday, January 21, 2015 @ 11:00amLocation:CBP, Baltimore, MarylandLIAISON AGENDA:Attendees:From CBP:-Paul Gooch: Program Manager-Diana Bowman: Baltimore Port Director -Melissa Raftis Brown: Baltimore - Supervisory CBPO-Annette Coppola: Baltimore Asst. Port Director-Jerry Ficklin: Dulles Passenger Operations-Frank McCarthy: Philadelphia - Acting Chief CBPOFrom AILA:-Michelle Lazerow, Chair, CBP-AILA D.C. Liaison Committee-Robert Degen, member of AILA Philadelphia Chapter-Elise Fialkowski, Execomm, AILA Philadelphia Chapter-Rebecca Schechter, Member, CBP-AILA D.C. Liaison -Aetna Thompson, Member, CBP-AILA D.C. Liaison-Dinesh Verma, AILA D.C. ExecommGENERAL QUESTIONS:I. As there have been a number of changes since our last meeting, can you please provide the names of the Port Director, Assistant Port Director at:WASH DULLESPort Director: Wayne Biondi Asst. Port Director:Jerry Ficklin (Passenger Operations)BALTIMOREPort Director: Diana BowmanAsst. Port Director:Annette CoppolaPHILADELPHIA Port Director: Susan StranieriAsst. Port Director: Ed Moriarty ii. Can you kindly provide us with the number of annual international travelers being admitted into the U.S. at:WASH DULLES:3.5 million BALTIMORE:643,244PHILADELPHIA:1.8 millioniii. Contact information: Thank you for providing us with contact information when our members, on behalf of their clients, have important, sometimes urgent, matters and/or issues that need to be dealt with immediately. Please confirm that we may continue to use the numbers provided and that the information below is still correct and current:WASH DULLESTel #: 703/661-7100 and ask for the Duty Supervisor This is the command center & open 24/7Supervisor, Chief & Watch CommanderBALTIMORETel #:410-865-2100 (Option #1) ask for SupervisorNote: Ms. Melissa Raftis Brown is on duty Tuesday– Saturday (but Saturdays are very busy: best to call Tuesday-Friday)PHILADELPHIATel #:215-863-4272 (will reach a live person: Duty Officer)Tel #: 215-594-4141 (leave message: Secondary)Following this, would CBP please let us know that they welcome AILA members who contact a Duty Supervisor or Duty Officer to try and sort out matters or to discuss a potential problem of an arriving alien or to sort out an issue that occurred when an alien arrived or to rectify a problem or other important issues that may be of interest to CBP?Do NOT call ahead about an arriving FN. Better to speak to the Duty Officer afterwards. Each admission is newAll facts are considered at time of application for entry for admission into the U.S., inspections are not attempted beforehand or by phone.Members have reported that most of the time this method of communication is very useful and although they may not always receive the response they desire, it is still an excellent way of being able to talk to CBP for which we are all most grateful. However, unfortunately, there are also few occasions when the AILA member deals with an officer who is unhelpful and does not deal with the AILA member in a professional manner Should the AILA member call back on another day and try and get a different officer or at that time ask for someone more senior?If your interaction is unprofessional, get the name of the officer & contact Officer Ficklin (WASH Dulles); Melissa Raftis Brown (BWI)If not those Officers, please ask for the Duty SupervisorGENERAL QUESTIONS:Automated Passport Control (APC):Recently the APC booths were opened at Dulles in order to expedite shorter wait times and faster processing for U.S., Canadian and eligible Visa Waiver Program international travelers at primary inspection. How are travelers responding to this exciting new technology for admission into the U.S.?Travelers are responding very positively to APC Has CBP found that the lines and wait time for those eligible travelers is much shorter and does it help them in their primary inspection?Lines move quickly and lines are much shorterAPC gives CBP more control. Officers can focus on formal inspection rather than on administrative dutiesAt this time, how many airports have the APC and is the goal to have them in all or most airports in the U.S. and at pre-clearance airports? There are currently 31 APC’s nationally, but none at BWI Additional information on APC’s:It is incumbent on individual airports to purchase APC equipment – generally only large airports have APCPreclearance locations are getting APC’s (Canada & the Caribbean)People who are not technologically savvy have problems with APC (but there are staff there to help)Philadelphia: APC’s open only to USC’s and only during peak hours (noon – 6:00pm)Wash Dulles: APC’s open to USC’s, LPR’s and Canadians ANDAPC also available to ESTA travelers ONLY if on their second or subsequent trip to the U.S.APC helps greatly with inspection, but still long lines at egress – Wash Dulles is working to remedy problemBWI: At this time the cost of the APC equipment is too much to justify but saved time is a motivating factorbecause it moves quickly, lines are shorterAUTOMATION OF FORM I-94It seems that there are still some issues with the automation of Form I-94 for nonimmigrant aliens being the inability to find the electronic admissions record on the I94 website, but vastly improved from our last liaison meeting. Still a large number of arriving aliens do not know that they should download the I-94.Could CBP please confirm the following:CBP officers at POE will continue to issue notices to arriving nonimmigrant aliens with instructions on where to find and print their record of admission;Dulles, BWI & Philly give both verbal and paper explanationsb. CBP Deferred Inspection offices will accept telephone calls from nonimmigrant aliens, or their designated representatives, to assist in locating their missing electronic records;*Yes c.Nonimmigrant aliens requesting a paper Form I-94 at POE will be referred to secondary inspection where a copy will be printed for them from the I94 website. What is the estimated time frame for this? Cannot predict: depends on time of day and what else is going onSee recommended hours belowd. We understand that CBP – by June 2014 – had hoped to have available on its I-94 portal historical admission data for the most recent five (5) years. Was this goal achieved and can the most recent 5 years of admissions into the U.S. now be downloaded?* CBP les, BWI & Philly give both verbal and paper explanationsQUESTIONS FROM MEMBERS:I-94 and corrected PED:We continue to receive reports that sometimes POE’s are less willing to help with correcting incorrect I-94’s, sometimes after very long waits. Experiences obviously vary with reports at both Dulles and BWI being good or bad. When a member or their client is not able to sort the matter out at let us say, Dulles, they then go to BWI and vice versa, when the issue is positively resolved.Question: How do we get CBP to stand behind its promise that clients can go to any airport to correct Form I-94?CBP confirms that clients can go to any airport to correct I-94’sIt is CBP’s policy to assist all passengers with I-94 or other entry issues regardless of the port they entered the U.S. Many members report several hours of waiting(sometimes 4-6 hours)Do you recommend that the AILA member call in advance to schedule an appointment for his/her client? No appointmentsAre there certain times of day when CBP recommends that this be done?BWI: has the staff to address these issues. Client can call to learn if there is a wait but not guarantee as wait time can change when they arriveNo appointmentsCBP hours in Balto are: 8:00-4:00 Mon-Fri (except public holidays) If a person goes to the airport outside these hours there will be a long wait;WASH DULLES: Has staff available from 10:00–2:00 Mon-Thurs with I-94 corrections addressed between Noon-2:00pmNo appointmentsPHILLY:Will address I-94 question from 9:00-Noon, Mon-FriNo appointmentsCan call ahead: they may have a challenging flight to deal with during correction hoursQuestion:At our CBP liaison meetings we are always told that we should have our clients be well-prepared and carry with them important documents that will be of assistance to CBP, for example, original approval notices, disposition of a crime for which the alien was charged, a letter from counsel explaining a certain situation which the alien is questioned on every entry into the U.S. etc., but we are frequently told by our clients that CBP does not bother to look at the documents provided. How do you recommend we handle situations like this?Well-prepared clients are always very helpful to CBP at entryAlthough having the documents is helpful some still need to be verified or are required to be verified and some are required to be sent to Secondary by policyHow do we advise our clients to handle this?It is very good for clients to bring important documents eg: original I-797 approval notice, F-1’s: SEVIS documentsBWI: FN should hand the visa and I-797 to the officer together. Officers are trained to look at both documents. Officer will not check petition in the system 2 primary. If he different dates confuse the CBP officer at entry, do not leave, ask for a supervisor;Sometimes officer at primary will not look at FN’s documents due to time constraints, but will send the FN to secondaryWASH DULLES: H-1B’s & L-‘s should bring petition and approval because petition dates and visa dates are often differentPHILLY:Mentioned that there are a lot of fraud issues with documents and FN will be sent to secondary to prove his/her admissibilityIt is FN’s responsibility to prove admissibilityQuestion:Many AILA members represent nonimmigrants who have been charged with certain crimes while in the U.S. and need to travel for both business and personal reasons while their cases are pending. The charges themselves do not make them inadmissible. However, if convicted, they may face inadmissibility or removal if the convictions constitute a ground under INA 212 or INA 237. During return trips to the U.S. while the charges remain pending, they are generally paroled into the United States for a short period of 30 days. While the charges are pending, they report to CBP and are generally re-paroled for another 30 days. Most criminal courts do not resolve cases for several months. We also understand that the alien needs to provide documentation to CBP to assist in the determination of their entry.At our meeting last year we confirm that CBP advised us that CBP has discretion to authorize longer periods, on a case-by-case basis after review, but generally issue 30-day extensions. Dulles has authorized longer periods of parole 45-60 daysAt the AILA/CBP-HQ Liaison meeting in April 2014, CBP HQ indicated that the parole period may be up to one year – this is discretionary (and may be renewed upon application to CBP)Are Dulles, BWI and Philadelphia authorizing periods of up to one year? Generally, CBP will not extend beyond the ordinary time allowed for each particular visa BWI: There is no blanket parole and decisions are made on a case-by-case basis. BWI will not extend more than 6 months. BWI will look at the original length of admission and type of criminal case. CBP may want to keep checking on the FN more regularly and so will grant a shorter admission. Again, decision is made on a case-by-case WASH DULLES: Case-by-case basis and will exercise discretion. CBP needs to conduct due diligenceRE-ENTRY PERMITS NEEDED or NOT?AILA members and their clients continue to report that CBP is telling LPR’s who have been out of the U.S. for less than or in excess of 6 months, but always less than a year that he/she must obtain a Re-Entry permit. While IIRAIRA holds that LPRs who are absent for more than six months can be treated as initial entrants to the U.S., there is nothing in the Act or any other legislation that says that an absence of more than six months is evidence of abandonment. LPR’s are being told by CBP Officers that they need to obtain Re-EntryPermit (but this is not correct). LPR’s are not required to carry re-entry documents every time they travel or in the event of one or more trip less than or in excess of 6 months From : “an LPR planning to travel outside of the United States for 1 year or more*, it is important that you apply for a reentry permit before you depart the United States. If you stay outside of the United States for 1 year or more and did not apply for a reentry permit before you left, you may be considered to have abandoned your permanent resident status. If this happens, you may be referred to appear before an immigration judge to decide whether ornot you have abandoned your status” (* emphasis added)*Are CBP Officers receiving continuous training on this point? Yes*Are officers instructed to advise immigrants about when re-entry permits are appropriate? One example: LPR who travels to do temporary contract nursing work in Canada, but returns to the U.S. every 6-10 weeks – and put into lengthy secondary each time, has been threatened by CBP that they will take away her green cardBWI: if the officer is concerned about abandonment, the officer will inform the FN of his suspicions and encourage the FN to obtain a Re-Entry permit. Relinquishing permanent residence is voluntary. The process is heavily supervised and regulatedWASH DULLES: CBP officer will let FN know that it is starting to appear that he/she is not living in the U.S. and that it would be advisable to obtain a Re-Entry PermitPHILLY: CBP creates a record of warnings and will explain requirements of permanent resident. FN should give proof of reason he/she was outside the U.S. If the officer is concerned about abandonment, the officer will inform the FN of his suspicions and encourage the FN to obtain a Re-Entry permit HOLDING OF FOREIGN PASSPORTS OF LPR’s:IN GENERAL:What are the standards under which a CBP officer may hold a foreign national’s (FN) passport and not return it to the FN or to a representative of the government that issued it, given the fact that the passport is the property of the foreign government issuing it and that the passport may be crucial to the FN for identification purposes while in the U.S.?* CBP will hold passports and permanent resident cards as evidence, when necessary *Policy for the Baltimore Field Office for subjects that will not be held in custody is to return the passport, retain the I-551 and Issue a temp I-551). *For Documents that are retained for proceedings: These documents are sent to ICE for the temporary A-file for individuals who are placed in proceedings. Individuals who are placed in proceedings should ask the DHS attorney for the passport at the final court hearing. CBP only holds documents for Deferred Inspection (in most cases). Documents are forwarded to the Port that will complete their inspection for entry to the U.S.LPR's have a right to travel during proceedings and they need their passportsAre CBP officers returning passports to LPR’s if they are in proceedings?Returning passports to these individuals would allow them to proceed abroad and execute form I-407 at the consulate and forward this to their U.S. attorney to terminate proceedings. Otherwise they have to spend months here just in order to relinquish LPR statusThe §407 process is voluntary. CBP cannot take away LPR status unless client is inadmissible. When a LPR is found to be inadmissible CBP cannot take away LPR status, they are issued a NTA where an IJ will decide if they are still entitled to their status.MORE SPECIFICALLY:Foreign passports belong primarily to foreign governments, and secondarily to passport holders.? What is CBP’s authority for seizing a passport?If CBP confiscates a passport pending deferred inspection, and the Foreign National later decides to withdraw his or her application for admission, what is the procedure for getting the passport back?If a foreign national is given a deferred inspection appointment, but wishes to depart the U.S. before the appointment date, what is the procedure?If a foreign national enters the U.S. under pending criminal charges without final disposition, what documentation should he or she bring to explain the lack of a disqualifying conviction?BWI: Passports are held by CBP if there is evidence that a case is before an immigration judge. CBP will hand over the passport to ICEWASH DULLES: Case-by-case basis but usually the passport is returnedPHILLY: if the FN is given an appointment for deferred inspection CBP will keep passport. Will give FN copy of the passport and the reason why the passport is being kept. If passport is not sought by owner, CBP contacts the Embassy and returns passport to themIn general: (the below applies for Deferred Inspections) CBP holds the passport until the issue is resolved. If there is an emergency and passport needed, CBP tries to accommodateCBP defers inspection only if they think a case will be resolved in favor of FN. If the case is resolved, passport will be returnedFN who is given deferred inspection who wishes to depart the U.S. before the appointment date should contact deferred inspection office and work it outFN who enters the U.S. under pending criminal charges without final disposition should bring any official documents from the court and police department –this would be helpful and bringing such documents would be better than having noneCBP enforcement officer will consider detailed letters or briefs from counsel on a case-by-case basisUnderstanding CBP’s position that there is no right to counsel during inspection, will CBP nonetheless consider detailed letters or briefs from counsel in lieu of physical appearance?? Given the complexity of many criminal and other admissibility issues, these documents may greatly help the officersIf these documents from counsel are presented to CBP, how can we ensure that will CBP read them?PHILLY: Will let counsel in if there is an NTABWI: Will not let counsel in but will look at all the documents – “totality of the circumstances”All factors and documents relevant to the inspection will be considered at that time in order to make the best decision LPR DATE OF APPROVAL:Alien was admitted as refugee but only adjusted to LPR December 2013, however his green card states: “resident since 08/23/2001” (we often see, in certain situations, that when USCIS issues the green cards, they are back-dated); CBP was concerned about an incidence that took place in 2010. This incidence was disclosed on the Adjustment Application, but because of the date on the green card, CBP advised that they plan to issue an NTAAttorney wishes to resolve this before resident is put into removal proceedingsCan attorney make appointment w/CBP to discuss and bring documentation to demonstrate the facts?Or, how would CBP recommend dealing with this situation? CBP states that the date of entry as a refugee is the date of immigrant status. If adjustment date is difference CBP will:Defer inspectionRequest and obtain the A fileTry and work out what happenedCBP can request excerpts from A files which are digitizedMay be possible for attorney to make appointment with CBP to discuss issue and bring with documentation to demonstrate the factsPeriod of Admission for H1B1(Chile & Singapore): Alien(s) have H1B1 and (fortunately) travel frequently, however attorney reports that every entry alien is admitted incorrectly. we understand that this is very confusing as alien(s) have a 3-year LCA, and an 18 month visa, but is supposed to be admitted for 12 months on each entry as long as his/her visa is validAILA member provides alien(s) with package of legal authority but that has not helped the incorrect admission each entryAILA member would advise alien(s) to have this corrected but because of the delays at deferred inspection, they no longer do this as alien(s) travel frequently enough for there to be no problem as a new (incorrect) I-94 is issuedH1B1 visas are only valid in one-year increments, as opposed to 3 year validity periods in H-1B visa statusQUESTION:Can CBP please confirm that H1B1 workers should be admitted for a one year period?What can H1B1worker(s) do to ensure that this actually happens (ie: correct admission period vs. visa validity periodIn general, CPAC should give officers answers on questions of class of admissionBWI: any problem should be directed to Melissa R. BrownBWI, WASH DULLES & PHILLY: To ensure that the correct admission period is given, client should print out regulation and carry it w/him/herself and can show CBP officerAlso: DOS should print on the visa: “12 month visa”This topic is one that is mustered by the ports routinely DEFERRED INSPECTION:When an FN is scheduled to appear at Deferred Inspection, is it possible for the attorney to learn from CBP – before the scheduled appointment - about whether CBP intends to detain the FN?BWI, WASH DULLES & PHILLY: CBP does not know whether or not there will be a detention. It is not always “cut & dry”. Client should come prepared to go into custody. CBP will try to minimize the impact, if possible GLOBAL ENTRY:We understand that an FN with a Global Entry card will be admitted in the status listed in the FN’s Global Entry profile regardless of what type of visa the FN presents to CBP. Is this correct? YesAnd if so, if an FN is admitted incorrectly because he/she failed to update Global Entry, what should the FN do to correct the record?BWI, WASH DULLES & PHILLY: This involves 2 steps: i. I-94 correction; and ii. Go to Global Entry and have it corrected. Unfortunately this involves seeing different CBP officers and would involve being seen at possibly different hours per each correction;H-1B VISAS:Two Questions:What would CBP prefer that an FN present when the FN is entering on an H-1B visa stamp issued for a previous employer? Should the FN carry an employment letter and pay stubs in addition to the approval notice of the new H-1B? YesWhat should an FN say to CBP to ensure that the FN’s extension/new visa petition expiration date is recorded correctly upon admission? Bring the I-797 approval notice – and check the date before you leave Alien in H-1B status was returning from abroad and was held for 4 hours in secondary with CBP insisting that he needed advance parole because of a pending I-485(AOS). Although this specific incident did not occur in Dulles/BWI/Philli and was sorted out, Do officers receive training that an alien for admission in the circumstances described above can enter the U.S. on either his/her H-1B visa OR Advance Parole (until such time, of course, when 485 is approved)?If an H-1B visa holder is also an applicant for Adjustment of Status and the CBP officer is confused, asked to speak to a Supervisor. Be sure your client can articulate that s/he can enter on either his/her H-1B visa OR Advance Parole, The “Dual Intent Memo” was just reissued as a muster to officersESTA/Visa Waiver Applicant What documentation would CBP like an ESTA visitor/applicant to present in support of his/her application for admission?By way of example: a member reported that an ESTA applicant was allegedly turned around and sent back to Europe after his arrival in the US because he could not show a big bank balance?BWI, WASH DULLES & PHILLY :The ESTA program is to reduce the number of visa waiver refusals. Client should answer all the questions on the form before getting on the plane. There is still an inspection. Client needs to be able to show that s/he can afford to stay in the U.S. for an extended period of time without working in the U.S. CBP has to make the decision if a FN can afford to stay in the U.S. for a long period of time: FN must show roundtrip ticket and sufficient resourcesIf the individual has ties to his/her home country, sufficient funds for the intended length of stay for the period of admission, round trip tickets, and is otherwise admissible, that should be sufficient to apply for admission.B-1 OCS VISA:B-1/OCS visas are issued to crewmembers of international vessels operating on the Outer Continental Shelf or Gulf of Mexico for more than 29 days.?We are not sure if this is a question for this liaison meeting and if CBP determines that it is not, we will be happy to take this up with our AILA CBP-HQ Liaison Committee, but in any event, a question of interest:For FNs who enter the US on B-1 OCS and then leave from an airport by helicopter to work offshore, it appears because the FNs are listed on the helicopter manifest, these FNs are recorded as departing the U.S. even though they are going to work offshore in an area that is considered part of the U.S. Is CBP aware of this issue? If so, is anything being done to resolve it?BWI, WASH DULLES & PHILLY: As this is something rare, CBP could not answer whether a FN who enters to the U.S. on B-1OCS and then leaves from an airport by helicopter to work offshore and is listed on the helicopter manifesto is also recorded as departing the U.S. even though s/he is going to work offshore in an area that is considered part of the U.S. Please direct this question for HQSimilar issue occurs w/H-1B visa holder going on a cruise As stated these are rare situations: outside stakeholders remove documents and report as departures when FN has not. As these situations are made known outreach and training will make slow but change.RENEWAL OF WAIVERWhat is the process, for a Canadian, to renew a waiver (for crime of moral turpitude) when changing from one visa status (B-1/B-2) to another (L-1).? He currently has a 5 year waiver, but AILA member believe that he needs to get it updated/renewed to enter in L-1 visa status.? One CBP officer told him to go to the embassy and apply for a visa and the embassy would just “update” the waiver with the new visa status without having to renew it.? Can CBP kindly provide some guidance on how this should be handledA Canadian who wants to renew a waiver for a crime of moral turpitude when changing from one visa status to another, should file with an admissibility review officer. S/he must get a new waiver if s/he changes status because the purpose of the visit is different. USC Arrival:Additional question re a specific incidence that occurred:USC – born in Maryland - lives in Canada entered the U.S. for a 48 hour period to visit family and attend a wedding. USC only had with her a small shoulder bag - referred to secondary. USC was very upset about this incident and complained that she felt when she enters the U.S. she seems to receive additional scrutiny and/or be referred to secondaryAsked to remind our clients about the reasoning behind the CBP inspection process. When a USC travels in/out of the country, CBP has a right to inspect him/her. Inspection is part of the process and everyone – no exception - is subject to inspection to protect the homeland. Your regular travel may mimic certain travel patterns that are not normal. You may be innocent, but think about the way it looks and/or sometimes the person’s behavior. We ask that everyone be cooperative. ................
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