Readmission to the U.S. with a Criminal History
One of the surest ways for a noncitizen with a criminal record to end up in removal proceedings (commonly known as deportation proceedings) is to seek readmission to the United States after traveling abroad. Further, an inadmissible noncitizen with a criminal record who seeks readmission after travel abroad faces several unique disadvantages that would not apply if he or she had stayed in the U.S.:
- Some convictions will make a noncitizen subject to removal only if he or she travels outside the U.S. These convictions would not make the person removable if he or she did not leave the U.S.
- Travel abroad may result in removal for some crimes or suspicion of criminal conduct even if there is no conviction. This includes admissions to crimes of moral turpitude and reasonable suspicion of involvement in drug trafficking. On the other hand, usually an actual conviction is necessary to remove a lawful permanent resident (LPR) who has not left the U.S.
- Persons who are not permanent residents (and permanent residents too in some circumstances) must prove "clearly and beyond doubt" that a criminal matter does not make them inadmissible when returning from abroad. This is a very high burden of proof.
- U.S. Customs and Border Protection (CBP) will not allow a lawyer to be present while CBP officers question a noncitizen during primary or secondary inspection at the port of entry.
Due to these problems, we strongly recommend that a noncitizen consult with an experienced immigration attorney before traveling outside of the United States. Scott Mossman has that experience and can review your criminal record to evaluate whether traveling outside the U.S. would put you at risk of removal proceedings upon return.
Port of Entry Letter
If you have a conviction that does not legally make you removable, Scott can provide you with a letter and supporting documentation to carry and present during inspection at the port of entry. The letter explains and documents why you are not subject to removal. The purpose is to minimize the length of the inspection process and to minimize the risk of you being put in removal proceedings erroneously. In addition to the letter and supporting documentation, Scott will attach a signed Form G-28, Notice of Entry of Appearance as Attorney, which authorizes CBP to discuss your case with him.
Representation During the Inspection Process
Although CBP maintains there is no right to have an attorney present while it questions a noncitizen during primary or secondary inspection at the port of entry, an attorney with a preexisting relationship with the noncitizen (as shown by a Form G-28) may communicate with supervisory officers during the inspection process. It is essential to consult with and retain an attorney before you travel, though, because CBP generally will not discuss a case with an attorney hired by family members after the noncitizen is detained.
If CBP cannot resolve a case at the port of entry, it may parole the noncitizen into the U.S. for "deferred inspection," which generally occurs at a different location within 30 days after arrival. Unlike at the port of entry, CBP typically permits an attorney to appear with the applicant for admission at the deferred inspection office. Scott therefore can attend your deferred inspection interview with you.
Scott Mossman often consults with and assists noncitizens who wish to travel outside the U.S. with a criminal conviction. He also regularly meets with Customs and Border Protection officials at the San Francisco Field Office and San Francisco Deferred Inspection Office to discuss inspection and removal issues. He is one of the two co-liaisons to CBP for the Northern California Chapter of the American Immigration Lawyers Association (AILA).