United States Immigration from Thailand: Expedited Removal
There appears to be a trend of expedited removal proceedings initiated against aliens attempting to enter the USA on tourist visas. The following post is a brief summary of the situation.
In recent years, this author, and other attorneys, have noticed a major spike in expedited removals at ports of entry in the USA. More and more, it seems that non-immigrant aliens are being turned away at US ports of entry on the basis that they are undisclosed intending immigrants. This might not be connected with an overall policy change at the Department of Homeland Security (the department with jurisdiction over Customs and Border Protection). This being said, the situation does provide this writer with an opportunity to discuss expedited removal and its effect upon US family Immigration cases.
In the cases we have recently seen, the foreign national entrant was detained at the border while attempting to enter the USA on a tourist visa. In cases such as this, the foreign national was the significant other of an American Citizen. Subsequent to questioning regarding travel intentions, some prospective entrants were subjected to body searches and lengthy detainment while CBP decided what ought to be done with them. In past cases, prospective entrants were provided an opportunity to withdraw their request for admission and go home. Currently, there are increasing numbers of cases where CBP officers find an intending entrant inadmissible and uses expedited removal proceedings to deny them access to the USA. This results in the foreign loved one being barred from reentering the USA for at least 5 years.
How is it possible for a Border Protection agent to ban a loved one when they attempted to enter the USA using a validly issued visa? Pursuant to Section 302 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), which became effective April 1st 1997, amending Section 235(b) of the INA, the Customs and Border Protection service was given the authority to impose expedited removal upon aliens attempting to enter the USA. In cases such as this, the most often noted reason for expedited removal of foreign loved ones trying to enter the US on tourist visas occurs in a case where the Customs and Border Protection official determines an alien with a tourist visa to be an "immigrant who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by [The Immigration and Nationality Act], and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations." [212(a)(7)(i)(1)]
Essentially, CBP seems to be using expedited removal when they believe an alien is secretly an intending immigrant using a tourist visa to quickly enter the United States and adjust status to permanent residence. This situation may be bypassed if an alien fiancee uses a K-1 visa to ask for admission to the USA. In cases involving a foreign spouse, a K3 visa or an Immigrant visa could be used to forestall expedited removal on the aforementioned grounds.
Tags: K1 Visa, K1 Visa Thailand, K3 Visa Thailand, US Immigration Thailand, US Tourist Visa, US tourist visa thailand, US Visa, US Visa Thailand