harrasing some GC holders at POE

[aosing]

What exactly constitutes "admission"?

"Lawful admission" means that you, being outside the United States, present yourself at a port of entry, are inspected by an officer, do not present fraudulent documents or falsely claim to be a citizen, and are permitted entry by an officer. That's really all there is to it. If you sneak in, present fraudulent documents or lie about your citizenship, or are "paroled" into the country on some basis (e.g. humanitarian reasons pending an application), then you are not admitted even though you are present in the United States.

For example if one has admitted to an offense that is not deportable but only renders the person inadmissible, does that mean the person should never leave the country for or does it mean that person should never leave for greater than 6 months? Of course assuming the person wants to continue residence in the US.

That is correct, if you are inadmissible, you should never leave the country if you want to get back in. Depending on the situation, there may be waivers available, but if you leave the country even by stepping over the border line for one second, you have to be admitted back in.

(The other situation is that just as you can be paroled into the country, you can also get advance parole to leave while an application is pending, in which case while you will have to be inspected to return, you are considered for immigration purposes not to have left, for some purposes.)

I have been given to understand that leaving for a day and returning is an "admission" or is it not?

It is!

 

[TheRealCanadian]

if you leave the country even by stepping over the border line for one second, you have to be admitted back in.

This is not true. A Lawful Permanent Resident returning to the US after an absence of less than six months is legally not seeking admission, and because of this the rules of inadmissibility do not apply.

 

[aosing]

This is not true. A Lawful Permanent Resident returning to the US after an absence of less than six months is legally not seeking admission, and because of this the rules of inadmissibility do not apply.

Ok, an LPR can travel freely in and out of the country for less than 6 months but must formally apply for re-admission after six months. Does that mean that a returning resident is not admitted when they are inspected at the border after a shorter absence? That's a legal question I don't know the answer to and shouldn't try to. It could be a terminology issue or I could just be wrong. Is a citizen who moves abroad and then returns home "admitted"? I would think so but again I'm no immigration attorney, so I'll stop posting to this thread, which has gone far afield.

My understanding, for what it is worth (nothing), was that returning residents just get a nice presumption for six months that they are not abandoning residency, not that they don't have to be admitted. If I were inadmissible I would definitely want an experienced attorney to tell me I could leave the country for five months and come back without a problem.

 

[newapplicant]

I am not concluding any thing but LPR seems- faces the similar(but may be little lesser) situations to that a non-immigrant at POE or border crossing!.
-------------------------------------------------------------------------
Note: I am not a lawyer and I am just a lay man without any legal knwledge.!
Read the above STRICTLY at your own risk

 

[khodalmd]

Take it easy. Unfortunately, few bad people of our country put every one in harassing mode. India is not in secondary screening list due to terrorist and other threat but due to illegal immigrants. many people of India enter illegally to the USA from southern border with fake GC and or passport. This could be the reason you face hardship. I would have feel same what you felt.

This happened to me back in March.
Sometimes I feel officers at POE just harass people who dont look like Americans.

So.. I was walking back using the pedestrian entry. There was a female hispanic officer . When my turn came, I gave her my GC. She didn't even look at me as it was a busy day. She asked something to me in Spanish.
I said "Excuse me? I am sorry but I don't speak Spanish".
At that time she - kind of woke up and said "Oh" ..and looked at my GC.. It said I was born in India.

Obviously she had originally assumed I was a Mexican and was probably a daily commuter like ~80% of others.
She then looked around and asked another officer - " This guy is from a country of special interest, correct?"
The other officer said ... "dont know"
She asked me " You are from India, correct".
I said " I was born there".


At that time she doesn't know what to do - she was looking for a way to send me for secondary screening. She then located a circular pasted on the wall just behind her that had a list of "special countries" and India was there.


She immediately gave me a note and tell me to go for secondary screening.

I was shocked . WHY ME?????

Before I left her, I asked her what she told me originally in Spanish. She said - "Oh I was asking you do you have anything to declare!"

OK, then I go to secondary screening checkpoint. I had to give my state drivers licence, my SSN, and whole bunch of details - like how frequently I go to Mexico(ans - maybe 1 or 2 times a yr), how I got my GC, when I first entered US, my previous visas to US etc etc, and the officer entered all my answers into DB.

I was shaken up by this whole affair. Now in future at other times I am travelling, officer at POE will see that I was pulled and asked all those qsns- I will have to answer what had happened etc and will go through even more questioning.

- Can someone verify if there is some issue with India ? Why is it in a list of special countries? Looked like there was a list of blacklisted countries right by the counter...

- Even though I am a PR, the officers still think "I am from India" and not a person who has GC. So they would still treat me as if I am a foreigner trying to immigrate - so they will qsn me in and out.

Sick people!

 

[StonedAnt]

Take it easy. Unfortunately, few bad people of our country put every one in harassing mode. India is not in secondary screening list due to terrorist and other threat but due to illegal immigrants. many people of India enter illegally to the USA from southern border with fake GC and or passport. This could be the reason you face hardship. I would have feel same what you felt.

I think you said it all. I'm hoping that the fingerprinting of LPRs would help in reducing the harassment since the identity of the person coming in would be revealed immediately.


Stoned!

 

[bmx88]

considering economic situation in the US going through all that ordeal on the border is simply not worth - before when money was comming from all sides GC was used to be coveted document but now it really felt at the times like nothing more than tourist visa + you got treated at the border like some kind of terrorist or a common criminal ;also a lots of people lose their GC at POE every year (I think the numbers are higher by each year )and in the immigration courts is very difficult to overturn that (contrary to some comments in this particular treat) -simply because you need a lawyer for that and most of people just dont have the money to fight that battle so they let it pass and they continue living in the US as illegals

 

[sotiredofwaiting]

Hey, has anybody considered applying for the Global Entry thing? The idea is you enter thru an automated gate, so there is no opportunity for stupid officers to harras you (well, unless the computer sends you to secondary inspection)

 

[cafeconleche]

Hey, has anybody considered applying for the Global Entry thing? The idea is you enter thru an automated gate, so there is no opportunity for stupid officers to harras you (well, unless the computer sends you to secondary inspection)

There's a thread detailing someone's experience with that.

 

[StonedAnt]

Hey, has anybody considered applying for the Global Entry thing? The idea is you enter thru an automated gate, so there is no opportunity for stupid officers to harras you (well, unless the computer sends you to secondary inspection)

I wasn't aware that such entry methods were available at US airports. I have heard about UK airports where you can register yourself in a machine that takes a retinal scan the first time. After that, each time you come back, you go for the scan in the machine and it matches your record for identification. The whole process takes only 15 minutes.


Stoned!

 

[Jackolantern]

There's a thread detailing someone's experience with that.

Do you have a link to that thread? Or at least know which section of the forum and an approximate date? I was unable to find it.

 

[hopeofgc]

Do you have a link to that thread? Or at least know which section of the forum and an approximate date? I was unable to find it.

Here you go! This is a good information on Global Entry.

http://forums.immigration.com/showthread.php?t=301430&highlight=Global+Entry+thing


http://www.cbp.gov/xp/cgov/travel/trusted_traveler/global_entry/

 

[USER2345]

Exactly how does an American look like?

like Michael Jackson!

 

[pmpforgc]

Urgent question- Parolled at Entry and got green card in US , Does anything required

"Lawful admission" means that you, being outside the United States, present yourself at a port of entry, are inspected by an officer, do not present fraudulent documents or falsely claim to be a citizen, and are permitted entry by an officer. That's really all there is to it. If you sneak in, present fraudulent documents or lie about your citizenship, or are "paroled" into the country on some basis (e.g. humanitarian reasons pending an application), then you are not admitted even though you are present in the United States.


That is correct, if you are inadmissible, you should never leave the country if you want to get back in. Depending on the situation, there may be waivers available, but if you leave the country even by stepping over the border line for one second, you have to be admitted back in.

(The other situation is that just as you can be paroled into the country, you can also get advance parole to leave while an application is pending, in which case while you will have to be inspected to return, you are considered for immigration purposes not to have left, for some purposes.)


It is!

Based on Above definations of ADMISSION and PAROLED I am highly confused.

When I and My family last time enterd in US, I used H1 B and Family used Advance Parolle, so technically they are Paroled.

After week of Entry we got Green Cards and then we had never had chance to get out of US.

So my Confusion is If as per above defination my Family members are just PAROLED when they last entered. So after getting GREEN CARD do they need to Take any Steps to GET ADMITTED IN US AS LPR?

Or once you get GREEN CARD WITHIN US YOU ARE AUTOMATICALLY CONSIDERD ADMITTED?

Thanks for your help

 

[TheRealCanadian]

So after getting GREEN CARD do they need to Take any Steps to GET ADMITTED IN US AS LPR? Or once you get GREEN CARD WITHIN US YOU ARE AUTOMATICALLY CONSIDERD ADMITTED?

When the I-485 is approved, your status is automatically "adjusted" to that of LPR. It's no different for a parolee than anyone else in non-immigrant status (or out of status) who has an I-485 approved.

 

[Jackolantern]

Or once you get GREEN CARD WITHIN US YOU ARE AUTOMATICALLY CONSIDERD ADMITTED?

Yes.