What is Expedited Removal? | Immigration Attorney | Eatontown NJ

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What is Expedited Removal?

Expedited removal is the process by which a non-U.S. citizen can be denied entry and physically removed from a U.S. Port of Entry after seeking admission to the U.S.  These orders are issued by U.S. Customs and Border Protection (CBP)  when they determine that an individual is inadmissible for one, or a combination of, the following reasons:

  • Fraud or misrepresentation [INA Section 212(a)(6)(C)(i)];
  • Falsely claiming U.S. citizenship [INA Section 212(a)(6)(C)(ii)];
  • An intending immigrant who does not have a valid unexpired immigrant visa or other suitable entry documents [INA Section 212(a)(7)(A)(i)(I)];
  • A nonimmigrant who does not have a passport valid for a minimum of six (6) months from the date of the expiration of the initial period of the stay [INA Section 212(a)(7)(A)(i)(II)(i)]; or
  • A nonimmigrant who does not own a valid nonimmigrant visa or border crossing card at the time of application for admission [INA Section 212(a)(7)(A)(i)(II)(ii)].

If you are facing expedited removal, you don’t have a right to counsel or to a hearing before an immigration judge.  CBP officials conduct the expedited removal process usually within a matter of hours. Expedited removal carries a five year bar to re-entering the U.S.  This means that you cannot re-enter the U.S. for a minimum period of five years unless you are granted permission to reapply for admission to the U.S. If the basis fraud or misrepresentation, then you face a lifetime bar.   You will not only need permission to reapply but also a fraud waiver.

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