Arriving alien – According to existing immigration law, an “arriving alien” is defined as an applicant for admission coming to (or attempting to come into) the United States at a port-of-entry, or as an alien interdicted in international or U.S. waters and brought into the U.S. by any means.
What Does it Mean to be an Arriving Alien?
This means that the person is not considered to have any formal status in the U.S. and that they are considered to be an applicant for an immigration benefit. This also means that in order to receive any immigration benefit, that the applicant will have to answer to their local immigration court while being placed in removal proceedings. The Department of Homeland Security will allege whether they believe the individual is an arriving alien on the Notice to Appear.
What Should be Done?
It is important for the applicant to consult with an immigration attorney about their options. An immigration lawyercan review the applicant’s situation and propose certain defenses against removal, along with providing expectations about the process and timeframes.
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