Arriving on VWP do you not sign your rights away now? Seeing as how no i94w
Sep 4th 2010, 11:46 pm
#1
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Arriving on VWP do you not sign your rights away now? Seeing as how no i94w
Seeing as how they done away with that form which you have to sign and date were you wave your right to contest being removed apart from applying for asylum if they want to send you home.
Do you not wave those rights anymore do you not sign anything when you land? Apart from the white customs form?
Do you not wave those rights anymore do you not sign anything when you land? Apart from the white customs form?
Sep 4th 2010, 11:53 pm
#2
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Re: Arriving on VWP do you not sign your rights away now? Seeing as how no i94w
ESTA has done it for you
Sep 5th 2010, 12:40 am
#3
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Re: Arriving on VWP do you not sign your rights away now? Seeing as how no i94w
Seeing as how they done away with that form which you have to sign and date were you wave your right to contest being removed apart from applying for asylum if they want to send you home.
Do you not wave those anymore do you not sign anything when you land? Apart from the white customs form?
Do you not wave those anymore do you not sign anything when you land? Apart from the white customs form?
Sep 5th 2010, 3:55 am
#4
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Re: Arriving on VWP do you not sign your rights away now? Seeing as how no i94w
Ian
Sep 5th 2010, 12:12 pm
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Re: Arriving on VWP do you not sign your rights away now? Seeing as how no i94w
Sep 5th 2010, 1:11 pm
#8
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Joined: Jan 2004
Posts: 7,598
Re: Arriving on VWP do you not sign your rights away now? Seeing as how no i94w
They do waive certain rights when using the VWP. Those rights include the right to see an immigration judge for certain things. For example, if someone arrives with an actual visa and the border guard thinks the person has a criminal record that bars them from the US, they may be able to have the matter reviewed by a judge.
The fact is that if the person exercised that right to see the judge they may find themselves detained in a facility for however long it takes to see the judge (several weeks or months for the entire process) with no bail.
The border guard could also determine that the person is a criminal, obtained the visa by fraud, and order the person removed on the spot without sending them to the judge. They would just charge them for immigration fraud instead of the criminal ground.
The VWP waiver of rights can also apply to the right to see an immigration judge after entry. The person in the US under VWP could essentially be scooped off the street, arrested, detained and ordered removed on the spot with a 10 year bar from coming back and never see a judge.
Last edited by crg; Sep 5th 2010 at 2:22 pm.
Sep 5th 2010, 1:13 pm
#9
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Re: Arriving on VWP do you not sign your rights away now? Seeing as how no i94w
If the person refused to sign the form (when there was one), they would be seeking to enter the US without a visa and subject to expedited removal per 212(a)(7)(B)(i)(II). They could expect to be removed immediately with a 5 year from coming back.
They do waive certain rights when using the VWP. Those rights include the right to see an immigration judge for certain things. For example, if someone arrives with an actual visa and the border guard thinks the person has a criminal record that bars them from the US, they may be able to have the matter reviewed by a judge.
The fact is that if the person exercised that right to see the judge they may find themselves detained in a facility for however long it takes to see the judge (several weeks or months for the entire process) with no bail.
The border guard to also determine that the person is a criminal, obtained the visa by fraud, and order the person removed on the spot without sending them to the judge. They would just charge them for immigration fraud instead of the criminal ground.
The VWP waiver of rights can also apply to rights to see an immigration judge after entry. The person in the US under VWP could essentially be scooped off the street, arrested, detained and ordered removed on the spot with a 10 year bar from coming back and never see a judge.
They do waive certain rights when using the VWP. Those rights include the right to see an immigration judge for certain things. For example, if someone arrives with an actual visa and the border guard thinks the person has a criminal record that bars them from the US, they may be able to have the matter reviewed by a judge.
The fact is that if the person exercised that right to see the judge they may find themselves detained in a facility for however long it takes to see the judge (several weeks or months for the entire process) with no bail.
The border guard to also determine that the person is a criminal, obtained the visa by fraud, and order the person removed on the spot without sending them to the judge. They would just charge them for immigration fraud instead of the criminal ground.
The VWP waiver of rights can also apply to rights to see an immigration judge after entry. The person in the US under VWP could essentially be scooped off the street, arrested, detained and ordered removed on the spot with a 10 year bar from coming back and never see a judge.
Sep 5th 2010, 2:11 pm
#10
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Location: Kentucky
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Re: Arriving on VWP do you not sign your rights away now? Seeing as how no i94w
Why? Because people like to believe they have rights - whether they do or not. It's good politics to make people believe they have something! I mean... can you imagine the backlash that would occur if the form just said something like "you have no rights, so don't expect any"! On the other hand, if you indicate that they are waiving their rights (without actually saying that they have none to start with)... well, people feel better about it.
Ian
Ian
Sep 5th 2010, 4:45 pm
#11
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Joined: Sep 2010
Posts: 101
Re: Arriving on VWP do you not sign your rights away now? Seeing as how no i94w
If the person refused to sign the form (when there was one), they would be seeking to enter the US without a visa and subject to expedited removal per 212(a)(7)(B)(i)(II). They could expect to be removed immediately with a 5 year bar from coming back.
They do waive certain rights when using the VWP. Those rights include the right to see an immigration judge for certain things. For example, if someone arrives with an actual visa and the border guard thinks the person has a criminal record that bars them from the US, they may be able to have the matter reviewed by a judge.
The fact is that if the person exercised that right to see the judge they may find themselves detained in a facility for however long it takes to see the judge (several weeks or months for the entire process) with no bail.
The border guard could also determine that the person is a criminal, obtained the visa by fraud, and order the person removed on the spot without sending them to the judge. They would just charge them for immigration fraud instead of the criminal ground.
The VWP waiver of rights can also apply to the right to see an immigration judge after entry. The person in the US under VWP could essentially be scooped off the street, arrested, detained and ordered removed on the spot with a 10 year bar from coming back and never see a judge.
They do waive certain rights when using the VWP. Those rights include the right to see an immigration judge for certain things. For example, if someone arrives with an actual visa and the border guard thinks the person has a criminal record that bars them from the US, they may be able to have the matter reviewed by a judge.
The fact is that if the person exercised that right to see the judge they may find themselves detained in a facility for however long it takes to see the judge (several weeks or months for the entire process) with no bail.
The border guard could also determine that the person is a criminal, obtained the visa by fraud, and order the person removed on the spot without sending them to the judge. They would just charge them for immigration fraud instead of the criminal ground.
The VWP waiver of rights can also apply to the right to see an immigration judge after entry. The person in the US under VWP could essentially be scooped off the street, arrested, detained and ordered removed on the spot with a 10 year bar from coming back and never see a judge.
Sep 5th 2010, 5:02 pm
#12
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Arriving on VWP do you not sign your rights away now? Seeing as how no i94w
They could determine that the person was inadmissible at the time of entry and should not have been admitted to begin with (237(a)(1)(A)), out of status because of some other violation such as working (237(a)(1)(C)), or an overstay (237(a)(1)(B)). They could be summarily removed with a 10-year bar and never see a judge. Of course they may be able to see a judge for other reasons depending on the situation.
