Parole approved for U.S. wedding
Wednesday, August 17, 2011 at 11:33AM
Sarah E. Murphy, Esq. in Border Refusal, Expedited Removal, I-212 Waivers, Immigrant Intent, Inadmissibility, Parole

On his way to the U.S. in order to prepare for and attend his wedding, this individual was issued an order of expedited removal by U.S. Customs and Border Protection (“CBP”) officials at the port of entry.  This individual was engaged to be married to a U.S. citizen, which is why the wedding was being held in the U.S.  The order of expedited removal charged him as inadmissible to the U.S. as an intending immigrant under INA § 212(a)(7)(A)(i)(I).  The charge was based upon an admission that he made to CBP officers that he was going to explore his immigration options in the U.S. (without departing to his home country) after the marriage in the U.S. and, if possible, apply for permanent resident in the U.S.  He has applied for admission at the port of entry as a visitor.  Applying for permanent residence within the U.S. (adjustment of status) is not permissible visitor (B1/B2) activity, which is why the expedited removal order was issued.  

Only days before the wedding, CBP officials at the same port of entry where the expedited removal order was issued agreed to grant this individual humanitarian parole into the U.S. in order to attend his wedding, which he and his fiancé had been planning for several months and for which several out-of-town guests had already made travel arrangements.  The parole was only granted for a short period of time on condition that the groom would leave the U.S. shortly after the wedding and pursue an immigrant visa from outside the U.S. – at the U.S. Consulate in his home country.  In connection with his immigrant visa application, he must also obtain permission to reapply for admission into the U.S. after being removed pursuant to INA § 212(a)(9)(A)(iii), which is applied for by submitting a Form I-212 application to the appropriate office within the U.S. Department of Homeland Security.  When/if the I-212 is approved, he will most likely be granted the immigrant visa and be re-united with his new wife in the U.S.

Article originally appeared on Border Immigration Lawyer (http://www.borderimmigrationlawyer.com/).
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