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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: Thursday, February 20, 2014Location:CBP, Baltimore, MarylandLIAISON AGENDA:Introduction:The CBP Liaison Committees of the American Immigration Lawyers Association, Washington, D.C. and Philadelphia Chapters extend our thanks to CBP for the opportunity of meeting with you to discuss issues of mutual concern. We look forward to the continuation of frequent communications with CBP as we use these meetings to provide clarity to our members of current immigration policies. We continue to seek to identify and to address recurrent issues in the interpretation and application of complex immigration rules. This in turn allows CBP to enhance process efficiencies and minimize process inefficiencies while facilitating international travel and commerce, in an environment where officers devote sufficient time to vital protection and law enforcement missions. Thank you for this opportunity of meeting with you.GENERAL QUESTIONS:I. Can you please provide the names (or updated names, as applicable) of the Port Director, Assistant Port Director at WASH DULLESPort Director:Mr. Christopher Hess*Note: Retiring April 2014 - Acting Port Director: Mr. Frances B. Garcia Asst. Port Director:Ms. Sandra RioBALTIMOREPort Director:Ms. Diana Bowman* (no longer)Acting Port Director: Andrii MELNYKAsst. Port Director:Mr. Steven DearbornPHILADELPHIA Port Director:Ms. Susan Stefanallo (as of 03/10/2014)Asst. Port Director: Mr. Paul NardelloCBP LIAISON MINUTESPage TwoPresent obo CBP:Paul E. Gooch, Program Manager CBPMarc J. Weinberger, Assistant Chief Counsel CBPJerry Ficklan, CBP DullesRobert Hunt, CBP public liaisonPaul Mulholland, Philadelphia Melissa Rafts Brown, BWIDiane Bowman, Port Director, BWI CoatesFor AILA:Michelle L. Lazerow, ChairCheryl Geiser, Committee MemberMatthew Hirsch, Philadelphia Chapter Ejaz Sabir, Phildelphia ChapterCynthia Rosenberg, Chair, AILA D.C. ChapterChuck Tievsky, AILA D.C. ExecommNaima Said, AILA D.C. Execommii. Can you kindly provide us with the number of annual international travelers being admitted into the U.S. at:WASH DULLES3,4 million BALTIMORE250K - 350K (includes cruise terminals)PHILADELPHIA500 Kii. Contact information:When attorneys have contacted the Chair of the AILA-DC Liaison Committee with (an) urgent issue(s) that need immediate attention, we have provided the following contact information @ CBP Dulles:* Tel #: 703/661-7100 and to ask for the Duty Supervisor *This has worked out well and members have been very pleased with this contact information. Kindly confirm that we continue to provide this contact information and that there will be a Duty Supervisor to assist and respond to urgent matters Yes, confirmedContact information for:BALTIMORETel #:410-865-7100 (Option #1) ask for SupervisorNote: Ms. Melissa Brown is there Tuesday - FridayCBP LIAISON MINUTESPage ThreePHILADELPHIATel #:215-863-4272 (will reach a live person: Duty Officer)Tel #: 215-594-4141 (leave message: Secondary)GENERAL QUESTION:AUTOMATION OF FORM I-94It seems that one of the most common and continuous challenges pursuant to the automation of Form I-94 for nonimmigrant aliens is the inability to find the electronic admissions record on the I94 website. This is animportant issue for those individuals admitted in a nonimmgrant category that authorizes temporary employment. Those individuals who will commence work immediately following entry need to complete Section 1, Form I-9 (Employment Eligibility Verification) and also provide their employers with their I-94 admission number.Could CBP please confirm the following:a. 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 - verbally* BWI - provide tear sheets and/verbally* PHILI - tear sheets and/or verballyPorts confirmed a shortage of written notices but that they are verbally instructing travelers where to find the information on their website.b.CBP Deferred Inspection offices will accept telephone calls from nonimmigrant aliens, or their designated representatives, to assist in locating their missing electronic records;* Yes. *Ports confirmed receiving a lot of calls and recommend that arriving aliens check their exact name and DOB (often problem is a difference in the name the entered in the system) ie: try variations of their names and date of birthc.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;CBP LIAISON MINUTESPage Four* Yes, they will be referred to secondary for issuance of paper I-94*If manual I-94 is issued, information is forwarded to contractors for data entryQUESTIONS FROM MEMBERS:A number of questions came in from members relating to I-94 issues and they are being presented first:I-94 Retrieval:I.One law firm in VA reported that they have a number of students who are having trouble with I-94 Retrieval. By way of example, CBP Dulles generally insists that they appear at secondary in person (a 4- hr drive). Many other ports that this firm works with are willing to resolve issues via email. Will Dulles consider implementing a similar procedure?*As a General Rule: Individual must come into secondary to resolve I-94 issues. This is necessary for data integrity and identity verification.*However, CBP has, under special circumstances, and on a case-by-case basis worked with schools and employment institutions to resolve these issues via e.mail. I-94 and corrected PED: II.A P-1 non-immigrant received the P-1 visa at the Embassy with anincorrect PED, entered the U.S., and CBP issued the I-94 with a status date thatis the same as the incorrect PED on the visa stamp.In an effort to correct PED and I-94 without an extra trip, an AILA member wrote to the Charge d’Affaires with a copy of the original USCIS Form I-797 approvalnotice with the correct date, and requested a letter acknowledging the Embassy’s error. So we present two scenarios:CBP LIAISON MINUTESPage Five* First Scenario: If the AILA member presents such letter from the Embassy to CBP, how should the AILA member present this info to CPB Dulles to correct or reissue the I-94 with the correct PED date?* Second Scenario: Would CBP consider making the correction to the I-94 bases on presentation of the original USCIS notice? (Assuming that the original USCIS approval notice overrides any error by the Embassy?) YES* P-1 non-immigrant should appear in person with the original Form I-797 approval notice - the Duty Supervisor will correct the errorK-1 Nonimmigrants:III.What effect does the implementation of the automated I-94's have on the discretion of CBP (Washington & Dulles) to issue hard copy “EMPLOYMENT AUTHORIZED” I-94's to K-1 nonimmigrants?* CBP has stopped the practice of stamping “employment authorized” in fiancé visa’s passports. Recommend they file for an EAD upon entry into the U.S.BWI vs. DULLES vs. PHILDELPHIAIV.Attorney reports that she had a recent experience with a nonimmigrant client in Maryland who did not get an I-94 issued upon entry at Dulles. Her office contacted BWI to arrange for a visit to get the number, but the CBP staff were not very helpful and told her/client to go to Dulles instead. At Dulles, she accompanied her client and the I-94 was obtained. *CBP directors expressed their displeasure at this scenario and suggested that a Supervisor be called immediately. BWI Port Director suggested she be notified as soon as possible so that she can address the issue and provide training.Question: How do we get CBP to stand behind its promise that clients can go to any airport to register for the I-94 when one is not issued at entry?*It is CBP’s Policy to assist all passengers with I-94 or other entry issues regardless of the port they entered the U.S. However, recommend calling the POE first before just showing upCBP LIAISON MINUTESPage SixOTHER QUESTIONS:PAROLE:V.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/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. Can CBP re-parole for longer periods of time? *CBP has discretion to authorize longer periods , on a case-by-case basis after review, but generally issue 30-day extensions. Provide documentation - Dulles has authorized longer periods of parole 45-60 daysTPS/ADVANCE PAROLE: (pursuant to Arrabally & Yerrabelly)We have a number of questions relating to TPS/Advance parole from members and have posted two of them below:VI.If a Foreign National (FN) is EWI or otherwise 3/10-year bar would apply, but the FN has TPS and leaves the U.S. under Advance Parole, does CBP parole them in after Arrabally & Yerrabelly?VII.Please confirm that CBP is allowing re-entry for TPS individuals withadvance parole regardless of prior EWI or overstay violations (no criminal issues). Post-Arrabally & Yerrabelly it would seem that individuals would be able to leave with Advance parole and return without incident Also please clarify what kind of parole they receive upon entry.CBP LIAISON MINUTESPage Seven*Generally, for individuals approved for Temporary Protective Status (TPS) and subject to the 3/10 year bar, proceedings are not initiated. Individuals approved for Deferred Action will be treated the same. They should expect that they will be sent to secondary. All individuals traveling on Advance Parole, including applicants for Adjustment of Status, should expect to be sent to secondary.Phone calls by Turnarounds and Form G-28:XI.Would CBP at Dulles and BWI implement a policy permitting persons after secondary inspection to make a phone call to a relative or an attorney? Much good would be engendered if this policy was implemented.DULLES: Third party notification is policy. Timing of the phone call is at the discretion of the office on a case-by-case basis. If it has been a long time, person should ask to speak to supervisor. BWI: If individual is in secondary for an extended period of time (2-3 hrs) CBP will make a phone call to the person of their choice and explain that the person is in secondary and let the third party know that the individual is safe. They will allow individuals to speak to their attorney on a case-by-case basis. The only reason CBP would not permit such a call is that it would slow the process down.X.Would CBP kindly consider accepting Form G-28's by e.mail or fax?* Generally Forms G-28 are not required as there is no right to have an attorney present. However, attorneys may sit in on Deferred Inspection interviews - provided they observe and not interfere.RE-ENTRY PERMITS NEEDED or NOT?XI.It seems that the frequency with which LPRs are being stopped, questioned and cautioned when the LPR has had a single absence of more than six months seems to occur frequently. This particular attorney has brought this matter to the attention of CBP WASH Dulles but claims it continues to happen.CBP LIAISON MINUTESPage EightWhile 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 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 training on this point?* Additional training may be needed in that officers may misunderstand the rule.Are officers instructed to advise immigrants about when re-entry permits are appropriate?* Generally officers should know that re-entry permits are only required when there is an absence of one year or more. It is not uncommon for passengers to be advised or spoken to about maintaining residence. Officers may send persons to secondary to review their periods of absence. It is up to individual officers - in their discretion - to ask questions about period of stay and absenceHOLDING OF FOREIGN PASSPORTS OF LPR’s: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 CBP LIAISON MINUTESPage Nineproperty of the foreign government issuing it and that the passport may be crucial to the FN for identification purposes while in the U.S.?In addition: LPR's have a right to travel during proceedings and they need their passports.Also, returning their passports to these individuals would allow them to proceed abroad and execute form I-407 at the consulate, then forward this to their U.S. attorney to terminate proceedings. Otherwise they have to spend months here just in order to relinquish LPR status.* 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-1551 and issue a temporary I-1551* 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 into the U.S.Returning Asylee:XIII.When a FN seeks admission as a returning asylee and presents a refugee travel document does CBP examine whether there are grounds of inadmissibility? (Assume for the purposes of this question that the FN did NOT travel to the country which was the basis for the asylum claim).a.if so, which grounds of inadmissibility are considered?* All grounds of inadmissibility will be consideredCBP LIAISON MINUTESPage Tenb.if the FN had an immigration violation or a conviction - preceding the grant of asylum - would either situation be considered in determining whether to admit the FN?* CBP will inquire whether the violation or conviction was revealed. All grounds of inadmissibility will be considered OF GENERAL INFORMATION:Washington Dulles and Philadelphia both have Passenger Service Managers* In addition: individuals or attorneys my submit either a compliment or a complaint on the cbp website:: the complaint or the compliment will go to the CBP Public Affaris Program Manger, Mr. Robert HuntIN CLOSING:The AILA CBP Liaison Committees of Washington, D.C. and Philadelphia are truly grateful to CBP for hosting this meeting and for the responses to our questions as presented in this Agenda. We would welcome any additional comments and/or practice pointers from CBP that we, at the immigration bar, can share with each other and with our clients in order to facilitate the smooth admission of our clients and members of the traveling public to the U.S. We look forward to continued dialogue with CBP and to our next Liaison meeting. Thank you. ................
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