angloam2

Hi,
Further to my earlier questions, can you advise my position regarding
ReEntry Permits. Your board has advised me earlier that even though I
have a valid Re Entry permit to enter the US after a 4 year absence, I
may be turned back at the POE . If this Happens , can I turn around and
enter the tourist line and at least, enjoy my last holiday in the US on
the vwp without further problems ? I know that I can then only stay as
a tourist but I can a least finalise things stateside
Thanks

scrubbedexpat099

Logically yes.

But best to have evidence of your non immigrant intent, which could be a bit of a dichotomy in the circumstances.

Folinskyinla

Hi:

People returning with a CLAIM of LPR are, absent a criminal conviction, or security interest, ALWAYS allowed to physically enter -- they are ENTITLED to a removal proceeding before an Immigration Judge. None of this summary removal from the airport.

Elenfair

Heh. Maybe it's because I'm tired, or because I'm fond of "wording" gags, but this entire statement amuses me greatly in that "frying pan versus fire" sort of way.

::: sits by Mr. F. and offers him a glass of lemonade :::

Back to your scheduled actual answers. Don't mind me, I'm just about to enter Hell Week (Tech) for a show

Seanus

LoL. Riddle me this, riddle me that... got any more of that lemonade?

Folinskyinla

Hi:

I read into the OP that she was concerned about whether or not she would physically allowed out of the airport. Absent some danger or security interest, there is no problem on that line.

Just Jenney

I think what he's saying is that since the OP has a claim to LPR, the POE officials can't put him in removal proceedings, but they can allow the OP to enter so an immigration court can put him in removal proceedings.

Emphasis on the "I think" part!

~ Jenney

Elenfair

Oh, I totally agree with you (I should say I totally defer to your lawyerly knowledge). It was the wording that made me giggle.

Hell Week is kicking my butt, apparently. Have some lemonade!

Folinskyinla

Hi:

To clarify "removal proceedings before an Immigration Judge." What the POE people do is a "summary removal" without any "proceedings." [BTW, refusal of admission on a VW application is NOT a "removal" -- go figure].

Elenfair

I guess it's all in the wording, right? If you come in on the VWP, and you're not admitted, then you can't be "removed" since you were never "admitted" in the first place?

Folinskyinla

Hi:

No. Before 1997, there was "exclusion" and "deportation" which were later replaced by a unified "removal" process.

If a visa holder is summarily refused admission at the POE, then they are considered "removed" unless they are allowed to "voluntarily" withdraw their application for admission and "agree" to immediately leave.

For a visa waiver person, if they are refused entry, it does NOT count as a "removal" simply because the regulations say so.

Once an alien is admitted, a visa entrant gets a removal hearing before an IJ and if departure under an order of removal, they are considered "removed." The VW entrant does NOT get that hearing and is summarily removed and that IS considered a "removal."

Make sense? Don't shoot the messenger, I didn't write the law.