MEMORANDUM
TO: HR Directors/Managers/Personnel
RE: Permanent Residents who Travel with Criminal Convictions -
ALERT
DATE: November 2, 2009
As of October 1st, 2009, we have been informed by the Department of Homeland Security (DHS), there is a possibility that returning Legal Permanent Residents (LPRs) with criminal convictions will be issued a Notice to Appear (NTA) at Ports of Entry instead of a grant of deferred inspection.
A NTA places a person in removal proceedings and notifies the individual that s/he will be notified to appear in Immigration Court at a later date. In the deferred inspection process, a person is allowed in the United States (paroled) for a short period, during which time s/he will be contacted to appear at US Citizenship and Immigration Service (CIS) or the Port of Entry for an additional interview or document review. In addition, depending on the nature of the conviction, Customs and Border Protection (CBP) staffing, and available detention bedspace, among other factors, it is also possible that more returning LPRs with criminal convictions will be detained. CBP has confirmed, however, that deferred inspection for returning LPRs is still an option. CBP explained that it modified the policy based on information reflecting that an appreciable percentage of those granted deferred inspection do not show up for their appointment. More guidance to the field will be forthcoming from CBP, but be aware of the likelihood of an increase in the number of LPRs being detained and/or issued NTAs at ports of entry. CBP confirmed that this policy already had been in place in Georgia and Florida.
We highly recommend that LPR’s who have criminal convictions, even Driving Under the Influence (DUI) convictions, consult with our office prior to making any travel arrangements to leave the country.
This memorandum is for informational purposes only, and should not be considered legal advice. Should you have any questions or concerns, please contact our office for further assistance.
The staff of KRA Immigration Law Group
