Visainfo.Blogspot.Com

As I understand it, an applicant who is denied entry will be able to either
withdraw their entry request or be deported. However I also understand that
someone attempting to enter with a valid Visa is eligible to have their case
of denial heard by a judge/in court. When does the option to have the case
heard arise and how does that change the consequences if the case fails? Is
the applicant automatically deported thereafter?

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Visit my US Immigration & Visa Blog @ http://visainfo.blogspot.com/

meauxna

Are you collecting content for your own website? Or asking about your own cirucmstances?

scrubbedexpat099

Well if you get as far as an Immigration Judge then you are beyond the case of withdrawing your application. I believe they do not have to allow this option but it is often the easier option.

I am not sure why anybody would want to end locked up for 'x' days if they have the option just to turn around and go.

crg

It depends what grounds they feel they have to deny entry.

If they think:

1) there is or has been fraud such as lying on the visa application or at any other time for an immigration benefit
2) they think you are seeking to work as a tourist,
3) they think you are attempting to immigrate on a nonimmigrant visa,
4) they think the visa you have is the wrong visa for the intended purpose,
5) the passport is expired,
6) the visa is expired,
7) you overstayed a previous visa and are seeking to use that same visa again,
8) the consulate revoked the visa or US CIS revoked the work visa petition,
9) you have previously claimed to be a US citizen

then they can deny entry without a hearing even if you have a visa. That's called an expedited removal order.

The only way to see a judge in that situation is for a review of an asylum claim. The judge won't even consider the merits of the removal order only if the person has a credible fear of torture/death based on age, religion etc etc if returned foreign.

They can decide to allow someone to withdraw if they feel like it, but they don't have to. If they do the expedited removal then the bar is usually 5 years, 20 years, or a lifetime so taking the withdraw is often a good idea.

They can serve the person with a notice to appear before an immigration judge in they think the person is inadmissible due to:

1) criminal or drug convictions or offenses, organized crime, receiving proceeds from unlawful activity, pimping, prositution, money laundering, human trafficking,
2) disease, or mental defect,
3) being a drain on the taxpayer,
4) overstaying by more than 180 days and seeking admission with a new visa or as a Canadian/Bermudian.
5) drug abuser or addict
6) alien smuggling into the US
7) being previously ordered removed (they can often expedite someone, but can detain them to see the judge at their discretion)
8) unlawfully voting in a US election
9) child abducter
10) guardian to a helpless inadmissible alien
etc, etc

However, they can expedite a person in some of these situations if they lied about it on the visa application..

The judge could order the person removed for at least 10 years, or allow them to voluntarily be sent home without the bar.

They are almost always held without bail while awaiting the hearing. The alien would have to pay for their own lawyer or find someone to represent them for free.

Visainfo.Blogspot.Com

    > It depends what grounds they feel they have to deny entry.
    > If they think:
    > 1) there is or has been fraud such as lying on the visa application or
    > at any other time for an immigration benefit
    > 2) they think you are seeking to work as a tourist,
    > 3) they think you are attempting to immigrate on a nonimmigrant visa,
    > 4) they think the visa you have is the wrong visa for the
    > intended purpose,
    > 5) the passport is expired,
    > 6) the visa is expired,
    > 7) you overstayed a previous visa and are seeking to use that same
    > visa again,
    > 8) the consulate revoked the visa or US CIS revoked the work
    > visa petition,
    > 9) you have previously claimed to be a US citizen
    > then they can deny entry without a hearing even if you have a visa.
    > That's called an expedited removal order.
    > The only way to see a judge in that situation is for a review of an
    > asylum claim. The judge won't even consider the merits of the removal
    > order only if the person has a credible fear of torture/death based on
    > age, religion etc etc if returned foreign.
    > They can decide to allow someone to withdraw if they feel like it, but
    > they don't have to. If they do the expedited removal then the bar is
    > usually 5 years, 20 years, or a lifetime so taking the withdraw is often
    > a good idea.
    > They can serve the person with a notice to appear before an immigration
    > judge in they think the person is inadmissible due to:
    > 10) criminal or drug convictions or offenses, organized crime, receiving
    > proceeds from unlawful activity, pimping, prositution, money
    > laundering, human trafficking,
    > 11) disease, or mental defect,
    > 12) being a drain on the taxpayer,
    > 13) overstaying by more than 180 days and seeking admission with a new
    > visa or as a Canadian/Bermudian.
    > 14) drug abuser or addict
    > 15) alien smuggling into the US
    > 7) being previously ordered removed (they can often expedite
    > someone, but can detain them to see the judge at their discretion)
    > 16) unlawfully voting in a US election
    > 17) child abducter
    > 18) guardian to a helpless inadmissible alien
    > etc, etc
    > However, they can expedite a person in some of these situations if they
    > lied about it on the visa application..
    > The judge could order the person removed for at least 10 years, or allow
    > them to voluntarily be sent home without the bar.
    > They are almost always held without bail while awaiting the hearing.
    > The alien would have to pay for their own lawyer or find someone to
    > represent them for free.

That's for the detailed reply. That pretty much answers my question in
detail and clears up any confusion.