Navigating U.S. immigration procedures can be complex, especially when facing inadmissibility at a port of entry. One option to consider is the withdrawal of application for admission, a process that allows certain individuals to voluntarily leave the U.S. without facing removal proceedings or future reentry bans.
What Is Withdrawal of Application for Admission?
The withdrawal of application for admission is a discretionary relief measure offered by the U.S. Department of Homeland Security (DHS). It permits individuals deemed inadmissible at a port of entry to voluntarily withdraw their request to enter the United States and depart immediately. This option helps protect one’s immigration record, avoiding the negative consequences associated with removal orders, such as reentry bars.
When Is Withdrawal a Good Option?
Withdrawal of application for admission may be appropriate in several scenarios:
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Temporary Visa Holders Deemed Inadmissible: If U.S. Customs and Border Protection (CBP) officers determine that a temporary visa holder is inadmissible but the individual wishes to avoid legal penalties, withdrawal can be a viable option.
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Returning Lawful Permanent Residents (LPRs): LPRs accused of abandoning their permanent resident status after an extended absence abroad may opt for withdrawal to prevent formal removal proceedings.
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Individuals Facing Removal Proceedings: Those who prefer to depart the U.S. voluntarily without contesting their case in removal proceedings might consider this option.
How to Proceed with Withdrawal
The process involves several key steps:
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CBP Discretion: CBP officers have the authority to grant or deny a request for withdrawal. Factors influencing their decision include the seriousness of the immigration violation, the individual’s intent, and any prior findings of inadmissibility.
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Form I-275: Individuals permitted to withdraw must complete Form I-275, “Withdrawal of Application for Admission/Consular Notification.” This form documents the withdrawal and outlines the reasons for inadmissibility.
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Immediate Departure: Upon approval, the individual is required to depart the United States promptly, typically under supervision to ensure compliance.
Consequences of Withdrawal
Choosing to withdraw an application for admission has specific implications:
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No Removal Order: Withdrawal allows individuals to leave without a formal removal order, thereby avoiding reentry bars commonly associated with deportation.
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Impact on Immigration Records: While withdrawal does not impose reentry bans, it becomes part of the individual’s immigration record and may influence future visa applications or admission attempts.
Why Choose Dworsky Law Firm?
Navigating the complexities of U.S. immigration law requires experienced legal support. Dworsky Law Firm offers:
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Expertise in Immigration Law: With decades of experience, our attorneys specialize in handling intricate immigration matters, including inadmissibility issues at ports of entry.
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Personalized Legal Strategies: We provide tailored advice to protect your immigration status and future U.S. travel opportunities.
Contact Dworsky Law Firm Today
If you or someone you know is facing inadmissibility at a U.S. port of entry, don’t navigate this challenging situation alone. Reach out to Dworsky Law Firm for expert legal support.
- Phone: +1 (847) 441-4188
- Email: [email protected]
Disclaimer: Immigration policies and procedures are subject to change.