Admissions Procedures : Immigration Outline

Admissions Procedures

Admissions Procedures

The dual inadmissibility screening – you’re evaluated when the visa is issued in your home country, and then can be deemed inadmissible upon arrival at the U.S.

Border officials are NOT bound by the decisions of the consular offices, including for how long your visa was issued (they can give you an 1-94 that expires sooner)

It’s sort of three – since you are also checked when you try to change your status within the country, and must have been admissible at time of entry.

Nonimmigrant Visas – apply at American consulate and prove you qualify for the visa and have nonimmigrant intent.

Noncitizens coming through inspection will get an 1-94 Arrival-Departure Record with the length of stay, sometimes an Employment Authorization Card

Visa waiver program – Temporary B-1 and B-2 visitors can seek admission for up to 90 days without a visa if they are from selected countries with low visa abuse rates. 

Visa waiver admittees waive rights to extend their stay, to change nonimmigrant status under § 248, to adjust to permanent residency (except as an immediate relative), and to have a removal hearing (except for asylum)

Also, Mexican and Canadian nationals with border-crossing cards can be admitted for up to 72 hours and within 25 miles of the border.

Immigrant Visas – petitioner files visa petition for beneficiary with CIS, priority date becomes current, visa interview, I-551 (green card) issued.

Review of Consular Decisions – there basically is none, except maybe if the consul acted under a constitutional statute.