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What Is An Arriving Alien? [SOLVED]

We discussed Bona v 😎 Gonzales in a previous article and its positive implications for arriving aliens 😎 Bona, a Philippine national married to a U.S. Citizen, was paroled into the U.S. And later placed in removal proceedings. Because she entered the U.S. On a parole visa, the immigration judge determined that she was an “arriving alien,” and therefore, precluded from adjusting status in removal proceedings. A foreign national is also classified as an arriving alien when they are: applying for admission into the U.S. At a port of entry; seeking transit through the U.S. At a port of entry; or interdicted at sea and brought to the U.S. [1]
Within the jurisdiction of the United States Court of Appeals for the Ninth Circuit, a returning lawful permanent resident who has a felony conviction for solicitation to possess marijuana for sale is inadmissible under section 212(a)(2)(A)(I)(I) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(2)(A)(I)(I) (2012), even though that section refers only to attempt and conspiracy to commit a crime involving moral turpitude, and is therefore properly considered to be an arriving alien under section 101(a)(13)(C)(v) of the Act, 8 U.S.C. § 1101(a)(13)(C)(v) (2012). Matter of Vo, 25 I&N Dec. 426 (BIA 2011), clarified. [2]
Pursuant to 8 CFR 1.1 ,the term arriving alien means “an applicant for admission coming or attempting to come into the United States at a port-of-entry, or an alien seeking transit through the United States at a port-of-entry, or an alien interdicted in international or United States waters and brought into the United States by any means, whether or not to a designated port-of-entry. An arriving alien remains an arriving alien even if paroled pursuant to section 212(d)(5) of the Act, and even after any such parole is terminated or revoked. However, an arriving alien who was paroled into the United States before April 1, 1997, or who was paroled into the United States on or after April 1, 1997, pursuant to a grant of advance parole which the alien applied for and obtained in the United States prior to the alien’s departure from and return to the United States, will not be treated, solely by reason of that grant of parole, as an arriving alien.” (many thanks to Trampus Pack for telling us). [3]
Together with the aforementioned, new studies demonstrate (3) Except as otherwise provided in paragraph (h)(1) of this section, an alien subject to section 303(b)(3)(A) of Div. C of Pub. L. 104-208 may apply to the Immigration Court, in a manner consistent with paragraphs (c)(1) through (c)(3) of this section, for a redetermination of custody conditions set by the Service. Such an alien must first demonstrate, by clear and convincing evidence, that release would not pose a danger to other persons or to property. If an alien meets this burden, the alien must further demonstrate, by clear and convincing evidence, that the alien is likely to appear for any scheduled proceeding or interview. (last edited 79 days ago by Corley Vu from Qingdao, China) [4]
As reported by the specialists from govinfo.gov, an arriving alien who is a stowaway is not eligible to apply for admission or to be admitted and shall be ordered removed upon inspection by an immigration officer. Upon such inspection if the alien indicates an intention to apply for asylum under section 1158 of this title or a fear of persecution, the officer shall refer the alien for an interview under subsection (b)(1)(B). A stowaway may apply for asylum only if the stowaway is found to have a credible fear of persecution under subsection (b)(1)(B). In no case may a stowaway be considered an applicant for admission or eligible for a hearing under section 1229a of this title. [5]

Article References

  1. https://rreeves.com/arriving-aliens-in-removal-proceedings-can-adjust-status/
  2. https://www.justice.gov/eoir/bia-precedent-chart-a-ag
  3. https://definitions.uslegal.com/a/arriving-alien/
  4. https://www.govinfo.gov/content/pkg/CFR-2012-title8-vol1/xml/CFR-2012-title8-vol1-sec1003-19.xml
  5. https://www.govinfo.gov/content/pkg/USCODE-2017-title8/html/USCODE-2017-title8-chap12-subchapII-partIV-sec1225.htm
Mehreen Alberts

Written by Mehreen Alberts

I'm a creative writer who has found the love of writing once more. I've been writing since I was five years old and it's what I want to do for the rest of my life. From topics that are close to my heart to everything else imaginable!

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