Exclusion
Someone is generally considered "excludable" from the United States if they do not qualify for admission, make an attempt to enter the country, and are prohibited from entering by the INS inspector at the Port of entry. There are a variety of reasons why someone may be deemed to be excludable. If a consular officer is aware that one of the grounds of excludability applies to a particular applicant for a U.S. visa, the consular officer will reject his or her application for a visa even before an attempt to enter the United States is made.

If an individual succeeds in actually entering the United States after being inspected by an INS officer, and the U.S. government subsequently wants to remove that person, the process is no longer known as removal, but is then known as "deportation." See the section below about deportation. Individuals who are in the United States under the terms of a parole, to await a determination of a request for asylum, or who were not inspected, may still fall within the definition of a removal as opposed to deportation.

There are a number of reasons or grounds for which an individual may be excluded from the United States. These include:

• Health related grounds
• Criminal and related grounds
• Security and related grounds
• Public Charge Grounds (the alien does not have sufficient means to support him/her self)
• Lack of Labor Certification and Special Requirements for Physicians
• Illegal Entrants and Immigration Violations (includes those previously excluded, deported, or removed, misrepresentations, stowaways, smugglers, and those who commit document fraud)
• Lack of appropriate immigration documents (such as a valid passport or visa)
• Those ineligible for citizenship
• Other Miscellaneous Grounds

There are two processes involved in excluding aliens from the United States who are found to be inadmissible. A process called "expedited removal," and traditional exclusion proceedings.

Expedited Removals
When the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) was passed by Congress, it created a new, formal process for deportation called expedited removal. This process was designed to quickly remove certain inadmissible aliens from the United States. The law applied particularly to those who arrive at ports of entry and illegally attempt to gain admission. Some of these individuals try to enter the United States with no entry documents or by using counterfeit, altered or otherwise fraudulent or improper documents. Under the old law, it could takes months and even years to "exclude" these individuals. Under the new law, these individuals can be removed by the INS in a few days.

Most people who are found to be ineligible to enter the United States at a U.S. port of entry are not placed in expedited removal. The criteria for deciding if someone gets placed in expedited removal depends on the review of an immigration inspector. If the inspectors believes that the alien did not have an intent to deliberately commit fraud or if the violation is not serious, the individual is generally allowed to withdraw their application for admission and depart the United States.

If you have a problem at the border and are given the option of withdrawing your application for admission, this may be the best option because you are not prohibited from applying for entry to the United States in the future. In contrast, if the INS believes that fraud was involved, the INS inspector may issue a removal order. Under the new expedited removal process, this order has the same weight as one issued by an immigration judge. Someone who has been order to be removed from the United States under expedited removal are barred from re-entry for a period of five years. They can, however, apply for a waiver.

There is one group of people who may still be allowed to enter the United States even if they have fraudulent documents. These are people who may qualify for political asylum.

Under the law, the INS inspector cannot expeditiously remove anyone from the United States unless they read, and acknowledge they understand a sworn statement and asked three specific questions concerning whether they have a fear of being returned to their home country. If an alien who is applying for entry to the United States expresses an intent to apply for asylum or a bona fide fear of persecution is referred to an INS asylum officer for an interview. The INS tries to ensure that people who are afraid to return to their home country are given notice of the opportunity to speak confidentially with another INS officer about their fear. The process depends, however, on an alien who may be exhausted and overcome with emotion to speak openly about their life and the conditions in their home country. If they d not do so, they may still be removed from the United States. People found to meet the credible fear standard are placed in removal proceedings before an immigration judge, to whom they may apply not only for asylum, but for other forms of relief as well.

Exclusion Proceedings (deportations)
If an alien is not placed in expedited removal proceedings, he or she can be placed in exclusion proceedings. In exclusion proceedings, an applicant for admission can have their admission request reviewed in a hearing before an immigration judge. This most often applies to returning U.S. permanent residents. Individuals placed in exclusion proceedings are issued a form I-122 "Notice to Applicant for Admission Detained for Hearing Before Immigration Judge." If the applicant does not speak english, this form will be explained to his or her by an interpreter. A copy of this notice is also given to the Immigration Judge. The alien will generally be detained until the hearing, although a parole may be granted allowing the individual to stay with relatives until the hearing.

The immigration judge will then determine if the individual is admissible. Because of the legal implications and narrow time frame involved in exclusion proceedings, it is important that you or your loved one seek legal counsel immediately if you are placed in exclusion proceedings. If you need assistance involving exclusion proceedings, and would like the help of Thomas Bassett and Associates, please call 248/827-4110. At the time you are calling, please indicate that you are calling in reference to a pending exclusion proceeding or expedited removal.

In this section see also:

Doctors and Nurses
Temporary Protected Status