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LPR taking trip from US to UK, re-entering, should I be concerned?

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LPR taking trip from US to UK, re-entering, should I be concerned?

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Old May 6th 2025 | 7:09 am
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Default Re: LPR taking trip from US to UK, re-entering, should I be concerned?

Originally Posted by S Folinsky
<sigh>

My inquiry is directed at the limitation on what US inspections can do at PFI.
Are you asking about the statement of being able to fight for LPR status in immigration court if you are at a port of entry in the US, but not if you are at preclearance?

This is because the avenue to fight for your status is removal proceedings. If you are an LPR and you are at a port of entry in the US (including an airport in the US or at a land port of entry), and you refuse to sign I-407 and refuse to voluntarily withdraw your application for admission and depart, if the officer believes you to be inadmissible, the only thing they can do is initiate removal proceedings in immigration court. In removal proceedings, you get to argue your case in front of the immigration judge. If they agree with you, the immigration judge can admit you, overturning the decision of the immigration officer at entry.

If you are at preclearance at an airport abroad, and the officer believes you to be inadmissible, they simply deny you entry to the area to board your flight. They would not put you in removal proceedings (they don't need to, and can't anyway, because you are not in the US), so you don't have the avenue of removal proceedings to overturn the officer's decision.
 
Old May 6th 2025 | 9:04 am
  #17  
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Default Re: LPR taking trip from US to UK, re-entering, should I be concerned?

Originally Posted by newacct
Are you asking about the statement of being able to fight for LPR status in immigration court if you are at a port of entry in the US, but not if you are at preclearance?

This is because the avenue to fight for your status is removal proceedings. If you are an LPR and you are at a port of entry in the US (including an airport in the US or at a land port of entry), and you refuse to sign I-407 and refuse to voluntarily withdraw your application for admission and depart, if the officer believes you to be inadmissible, the only thing they can do is initiate removal proceedings in immigration court. In removal proceedings, you get to argue your case in front of the immigration judge. If they agree with you, the immigration judge can admit you, overturning the decision of the immigration officer at entry.

If you are at preclearance at an airport abroad, and the officer believes you to be inadmissible, they simply deny you entry to the area to board your flight. They would not put you in removal proceedings (they don't need to, and can't anyway, because you are not in the US), so you don't have the avenue of removal proceedings to overturn the officer's decision.
Your statements are not consistent with my memory of procedures predating my retirement. Out of idle curiosity I just checked the CBP information available on line and the information available today is consistent with my memory. You may want to cite your sources that support your conclusions. I'm curious myself.
 
Old May 6th 2025 | 9:08 am
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Default Re: LPR taking trip from US to UK, re-entering, should I be concerned?

Originally Posted by S Folinsky
Out of idle curiosity I just checked the CBP information available on line and the information available today is consistent with my memory. You may want to cite your sources that support your conclusions.
May I ask which specific part of my conclusions doesn't seem consistent with your memory?
 
Old May 6th 2025 | 10:42 am
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Default Re: LPR taking trip from US to UK, re-entering, should I be concerned?

Originally Posted by newacct
May I ask which specific part of my conclusions doesn't seem consistent with your memory?
Indeed, even perhaps a link to the CBP website page you refer to?
 
Old May 6th 2025 | 11:33 am
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Default Re: LPR taking trip from US to UK, re-entering, should I be concerned?

Originally Posted by postbox134
Indeed, even perhaps a link to the CBP website page you refer to?
CBP.gov
 
Old May 6th 2025 | 11:34 am
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Default Re: LPR taking trip from US to UK, re-entering, should I be concerned?

Originally Posted by S Folinsky
CBP.gov
Funny guy - how about the actual page?
 
Old May 9th 2025 | 4:51 am
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Default Re: LPR taking trip from US to UK, re-entering, should I be concerned?

Originally Posted by postbox134
Funny guy - how about the actual page?
In retirement I volunteer at the Immigration Legal Assistance Project here in Los Angeles. Finding your firm statements suggesting that the CBP Deferred Inspections office has been abolished contrary to experience and the CBP website, I decided to physically check to see if the office was still there. Yesterday, it was there and still in business. They did have a sign posted that as of April 2025, they no longer would correct I-94's on a walk-in basis. Other than that, no changes noted.
 
Old May 9th 2025 | 4:56 am
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Default Re: LPR taking trip from US to UK, re-entering, should I be concerned?

To what were you alluding then, when you brought up the notion of PFI? How is it relevant to the situation? How do you believe if differs from passing on US soil?
 
Old May 9th 2025 | 4:59 am
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Default Re: LPR taking trip from US to UK, re-entering, should I be concerned?

Originally Posted by S Folinsky
In retirement I volunteer at the Immigration Legal Assistance Project here in Los Angeles. Finding your firm statements suggesting that the CBP Deferred Inspections office has been abolished contrary to experience and the CBP website, I decided to physically check to see if the office was still there. Yesterday, it was there and still in business. They did have a sign posted that as of April 2025, they no longer would correct I-94's on a walk-in basis. Other than that, no changes noted.
What are you on about? No one mentioned Deferred Inspections except you? We are talking about Preclearance. i94s aren't even available for LPRs so why did you mention that?

Anyone else as confused as I am?
 
Old May 9th 2025 | 6:11 am
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Default Re: LPR taking trip from US to UK, re-entering, should I be concerned?

go for your trip and enjoy it. Too much scare mongering!!
 
Old May 9th 2025 | 8:55 am
  #26  
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Default Re: LPR taking trip from US to UK, re-entering, should I be concerned?

Originally Posted by postbox134
What are you on about? No one mentioned Deferred Inspections except you? We are talking about Preclearance. i94s aren't even available for LPRs so why did you mention that?

Anyone else as confused as I am?
At least you admit the error of your posts. However, I submit that the tone of this post suggests you are not particularly bothered by your provision of incomplete information. And then you compound things by the absurd statement that LPR’s are not subject to the alien admission procedures.

i believe that participants in this forum should not be subjected to inaccurate information.
 
Old May 9th 2025 | 9:07 am
  #27  
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Default Re: LPR taking trip from US to UK, re-entering, should I be concerned?

Originally Posted by karenkaren1
go for your trip and enjoy it. Too much scare mongering!!
Funny thing is that many of the on-line horror stories often demonstrate to the immigration cognoscenti a problematic immigration history. OP has not been back. I know that in the assistance project I volunteer at we have a brief list of things to check before any encounter with DHS - run A # through EOIR case portal, ask if any criminal history, and how LPR status was obtained. In supermajority, no problem. That said, problems may exist.

Most likely, you are right as to OP, But if she had come into our project, we would have asked a few questions first.
 

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