What is the benefit to filing a Withdrawal for an Application for Admission to the U.S.? When does it come up?

By September 28, 2017December 2nd, 2020Deportation & Humanitarian Immigration, Immigration
Image courtesy of Pixabay, labeled for reuse: https://pixabay.com/p-1266188/?no_redirect

Any foreign nationals who travels to the U.S. on a visa and applies for admission at a designated port of entry may be told by CBP that they are inadmissible (not eligible to enter the U.S.) following an inspection.  Grounds for inadmissibility are varied, but most often are related to previous violations of immigration law or procedure, security and related grounds, and criminal and related grounds.

When CBP determines a foreign national to be inadmissible, they may either (i) issue an order of expedited removal (resulting in a five-year bar on entry to the U.S.), which is conducted by CBP officials at the port of entry and completed in a matter of hours; (ii) refer individuals for removal proceedings before an Immigration Judge for a formal adjudication of the application for admission, whereby the foreign national may enter immigration custody; or (iii) grant individuals permission to withdraw the application for admission completely, which allows the traveler the opportunity to avoid removal proceedings and any potential ban on entry, and depart immediately from the U.S.

This decision as to whether or not to permit a foreign national to withdraw an application is purely at the discretion of the CBP officer at the port of entry or afterwards at a deferred inspection site.  Permission to withdraw may be offered to the foreign national after an interview to determine the seriousness of the previous immigration violation, any previous findings of inadmissibility, the ability of the foreign national to overcome the alleged ground of admissibility, age or health considerations, any criminal or immigrant intent on the part of the individual, and other humanitarian or public interest considerations.

The CBP officer must be made certain of the foreign national’s intent to depart the U.S. immediately, in addition to having the means to do so.  When the foreign national is applying for nonimmigrant admission, a finding of inadmissibility may often be rooted to the belief that the nonimmigrant has the intent to remain permanently despite the stated intent to enter for a temporary stay.  In these situations, we always counsel our clients to request a withdrawal and to re-apply at a later date with greater evidence of strong ties to the country of citizenship (proof of employment, proof of residence or property ownership, family ties etc.).

The great benefit to seeking the CBP’s determination that justice will be ill-served if a removal order is issued is avoiding any potential bans on entry that may attach to the foreign national, or in cases involving questions of immigrant intent, the permanent entry of the denial into the applicant’s immigration history.

You can set up a consultation by clicking the link below.

book-your-consultation-button

To find out more about our services and fees contact Scott Legal, P.C


This website and blog constitutes attorney advertising.  Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed.  Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results.  Each case is different and must be judged on its own merits.

4 Comments

  • Fernando Romero says:

    JUNE 20, 2018.- IN LAS VEGAS AIRPORT, I WAS NOT ALLOWED TO ENTER THE U.S. AND I CANCELED MY TOURIST VISA BECAUSE BEFORE I DIDN’T HAVE I-94 AND THAT’S WHY I HAD AN ILLEGAL PRESENCE FROM DECEMBER, 2017 TO MARCH, 2018 FOR 35 DAYS. I WAS GIVEN LETTER OF WITHDRAWAL OF APPLICATION WITHOUT CHARGES. 212 (a) (7) (A) (i) (I) of INA AND PASSPORT WRITTEN (CFR 22 41.122 (e) (3)

    IN OCTOBER 2018.- WITH FORMAT DS 160 I REQUESTED AN INTERVIEW IN THE EMBASSY OF THE U.S. IN MEXICO FOR A NEW TOURIST VISA, BUT I DENIED IT. I GOT LETTER BY Section 214 (b). DO NOT CHECK STRONG TIE IN MEXICO TO RETURN.

    • IanScott says:

      Thank you for contacting us. We appreciate your business and look forward to helping you. Please find attached a link that you can use to set up a 30 minute ($150) or 1 hour ($250) consultation. The system allows you to select a lawyer and a day and time that is convenient to you. If you end up hiring the firm and your bill is greater than $2,500, we will apply this consultation fee to your final bill. Please reach out if you have any questions.

      https://ScheduleScottLegalConsultation.as.me/

      Kind regards,

  • James Ikogwe says:

    Hi,sometime last year I was denied admission into the United States,by CBP officials for an immigration intent,this was my 1st time of traveling.I challenged this in an Immigration court,hence the judge terminated my removal proceedings and granted me withdrawal of application for admission.Meanwhile my non-immigrant visa was cancelled by the CBP officer at the Port of entry.what are my chances of re-applying?

    • IanScott says:

      Thank you for contacting us. We would be happy to set up a one hour consultation to discuss. Please let us know if you would like to set something up.

      Kind regards,

Leave a Reply