American Immigration Lawyers Association



QUESTIONS FOR CBP WORKING COMMITTEE – MAY 2013It appears that CBP’s objective to launch a paperless and an automated inspection & admission system is truly paperless since certain aliens who have been admitted are unable to physically print I-94 on the newly created CBP website. What steps are being taken to remedy this important issue?If your client is having a hard time printing out the I-94 record electronically, they can call the following numbers for help:? CBP Info Center at 877-227-5511 and 703-526-4200.? However, if there was a data entry error, like wrong spelling of name or the machine readable passport had issues in reading data, then this probably won’t be solved by calling this number.? Note that the entry stamp will show the date and expiration date but may not have the type of visa.Recently, we have had repeated problems at George Bush International with clients being sent to secondary inspection and being told incorrect information. They are repeatedly told and admonished that they shouldn’t be traveling on expired visa; that they need to renew the visas; and that next time CBP will deny their applications admission. A CBP Officer stated that to client that he had been given ‘bad advice’ by counsel ?and said “we’ll get you straight”. Obviously, this is a training issue since ALL of the affected individuals come within the purview of the automatic revalidation rule, 22 CFR. 41.112(d) and 8 CFR 214.1. Can CBP confirm that this issue can come up at upcoming training?CBP has addressed this issue with the airport officers and will address it again. ?If we have a problem with one of our clients who was given this wrong information by a CBP officer, please contact Chief Moore at 281-230-4793 or Denise Blackwell at denise.blackwell1@. You need to explain the type of visa, problem at the POE, location, Date, immigration status and name of the CBP Officer. CBP may need to schedule a regular muster on the revalidation issue - perhaps quarterly for refresher and new officers.? If the Liaison identifies other issues CBP can issue musters, or if repeated schedule for regular re-issuance.? If there are individual instances of really wrong interpretations or unprofessionalism, please contact the chiefs ASAP for them to identify and address with individual officers.? Professionalism is also an issue that CBP issues out musters.?An L client and huge family went to the DPS to obtain renewal TDL’s.? Two of them got the licenses but the other 5 the DPS could not find.? They have their I-797’s, passports, visas, and actual I-94 cards.? I was told by CBP that it is a training issue with DPS.? They are supposed to scan in the 3 docs listed above and then get verification from SAVE.? If they get a no matchup notice they are supposed to initiate a 3 – step inquiry process.? Unfortunately, the process can take up to 20 to 30 days and the DPS folks are not following through to Step 3 but just starting repeated inquiries.? Some DPS are telling folks to go to Deferred Inspection or to Infopass at USCIS, but this will not solve the problem.? CBP has requested that the DPS folks get retrained.? But in the meantime, we need to know how to address this no match problem with DPS.?Please help!Once the foreign national enters under the paperless system, the entry info is automatically available in SAVE.? Then DPS or SSA, etc. can access SAVE to check the foreign national’s status.? However, there is a 3-step process through SAVE and a 3rd party organization (like DPS) must following protocol to go thru all 3 steps. ?Many times DPS and SSA don’t follow directions for all 3 steps and then information isn’t confirmed.? If you ask DPS or SSA for the “verification request number,” then you can go to USCIS SAVE website and enter the # in and see which step you are on.? The whole 3-step process should take about 20-30 days total.? If it is taking longer, it is probably DPS or SSAs problem that they aren’t going through 3-step process correction.? Please note that SAVE is not a database, it is a verification program.How would one go about reversing an ER order in Houston??ERs are not reversible.? You can send in a letter to the Director of Field Operations and they may vacate if clear error (only done for the first time relatively recently).? CBP would reply with a letter that could then be presented to other agencies. Review of Requests to Vacate Expedited Removal Orders:? CBP says this program started about 1 year ago.? CBP will review written requests (letter explaining issue, citing section of law, and why ER was made in error and all supporting documentation.? Must be an EGREGIOUS ERROR).? The Deputy Field Officer will review the requests.? A decision should be made within 30 days in the form of a written response.? CBP said they’d look at this even if OLD or if the alien is now subject to reinstatement due to EWI after ER.? ??If they agree that there was egregious error, they will vacate the ER and by the time you get the written decision, all of the databases should already be updated to reflect that it was vacated.Address these requests to:Mr. Murdock2323 South Shepherd Dr.? ?Houston, TX ?77019The Immigration and Nationality Act (“INA”) permits CBP to parole aliens seeking admission into the US based on urgent humanitarian reasons or significant public benefit. Please explain whether the (specifically, public benefit) parole authority of CBP is subject to/interpreted by memos that the public can use as guidance? If so, may we see them? We are specifically concerned about memos that suggest a list of examples, and which are interpreted by CBP to be the exhaustive list. The CBP parole is strictly based on Sec 212(d)(5); not on a list of examples. ?Is it possible to get CBP from the seaport to participate in a CBP Working Committee Meeting? We had a few lightering issues crop up for the membership in May, and would like some interaction with them. Also, could we please have the contact details for the CBP Supervisors and Chiefs at the Port of Houston? The general number (713-454-8002) would be more useful with a list of names from whom AILA can request assistance.Yes.? Done in July meeting. ................
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