What is an Arriving Alien?

Title 8 of the Code of Federal Regulations § 1.2 defines “Arriving Alien” as someone who comes to the United States through a port of entry or who is attempting to travel through the country. Under the Immigration and Nationality Act (INA), an “Applicant for Admission” is the term for a person who has not been officially admitted into the United States but is present in the country or who comes to the country at a designated port of entry or after being intercepted in U.S. or international waters. If you are an arriving alien, you are also an applicant for admission. However, not all applicants for admission are arriving aliens. If this is confusing, that is understandable. U.S. immigration laws and policies are constantly changing and highly complicated.

If you would like to learn about your immigration status or need help understanding your options for entering the United States, you can contact an Atlanta family immigration attorney at Shirazi Immigration Law, Inc.

Understanding How to Apply for Admission for Arriving Aliens 

Some specific procedures and requirements exist for arriving aliens who want to apply for admission into the country. You will know that you are an arriving alien if you were handed Form I-862 Notice to Appear. What this form says is either you are an arriving alien, you are an alien in the country who has not been admitted, or you were admitted to the U.S. but are being removed for various stated reasons. Your designation is critical when it comes to achieving a smooth entry into the country. Even if you are paroled under the INA, you will still retain the arriving alien designation.

Arriving aliens can be inspected by U.S. immigration officers, and they may apply for asylum during this time or claim fear of persecution. Should an individual in this situation meet the criteria for asylum or fear of persecution, they will be admitted into the country and be able to stay while their case is being processed. Although a successful admittance into the country under these terms allows an arriving alien to stay in the United States legally, it is only temporary and is not a formal admission.

Depending on their situation, a paroled arriving alien could have several avenues to have their immigration status adjusted.  However, arriving aliens who are inspected by U.S. Citizenship and Immigration Services (USCIS) and Immigrations and Customs Enforcement (ICE) could also be detained. When individuals are found to be inadmissible under the immigration laws they will undergo removal proceedings. Some of the most common reasons why this happens include health issues, criminal history, or security reasons.

Speak with an Atlanta Family Immigration Attorney Today 

Keeping families united is the top priority for the legal team at Shirazi Immigration Law, Inc.  If you have been designated as an arriving alien, you have rights, but there is also a process to secure an adjustment of status. Those facing removal proceedings may be able to appeal.

For a consultation to discuss your needs and case, please call Shirazi Immigration Law, Inc. today at 404-523-3611. One of our Atlanta, GA, immigration lawyers is here for you and ready to help.

Source:

govinfo.gov/content/pkg/CFR-2019-title8-vol1/xml/CFR-2019-title8-vol1-sec1-2.xml