have you ever violated the terms of your nonimmigrant statusrochelle walensky sons
April 24th, 2023
A compliance level of 8 C indicates this level of compliance. Yes or No. Should I look somewhere else? A willful failure to comply withthe formerNSEERSspecialregistration provisions constitutes a failure to maintain nonimmigrant status. Some people are just love giving a false answer!! (Avoid them) You will be fine. Stop over thinking and prepare your AOS and enjoy life with your p WebForeign nationals who marry U.S. citizens and permanent residents are eligible to apply for lawful permanent residence, otherwise known as a green card. Yes, it is a violation of the nonimmigrant status but is essentially forgiven if married to a US citizen who is petitioning for him/her. If you are For these reasons, USCIS counts any violation that occurs after any entry into the United States. Secure .gov websites use HTTPS I paid the I-130 with card so I was wondering if I can just fill out theG-1450 form with the total amount of $1,225 to cover the filing fee for I-485 and biometric fees? An example of violating the terms of a nonimmigrant status would be if a B-2 visitor were to enroll in college and attend classes. We are now in the process of preparing our Adjustment of Status packet. deborabr, November 14, 2020 in Bringing Family Members of US Citizens to America. If you want to change the purpose of your visit while in the United States, you (or in some cases your employer) must file a request with USCIS on the appropriate form before your authorized stay expires. H-4 visa holders may be eligible for EAD (Employment Authorization Document) after Form I-140 is filed. If you are a visitor, you are not supposed to work, and if you worked, you have violated the terms. One example of thephrase a technical violation resultingfrom the inaction of USCIS iswhere an applicant ceases to have a lawful status because USCIS failed to adjudicateaproperly and timely filed request toextend or change nonimmigrantstatus. Conversely, the exceptionwould not apply ifthe nonimmigrantstudenthad withdrawn from school without DSO permission. USCIS extendsthe B-2 nonimmigrantsvisitor status valid from June 30, 2009 to December 31, 2009. Only if you applied for some benefit to USCIS and get denied for being out of status, or if an immigration judge made a final ruling against you, would you start to accrue "unlawful presence". can you advertise pets on gumtree near alabama. In part 4, question 17, check "yes" (Have you, or any other person included in this application, done anything that violated the terms of the nonimmigrant status you now hold?). The longstanding case on ineffective counsel has beenMatter ofLozada (PDF),19 I&N Dec. 637 (BIA 1988). You are [^ 36]For the terms of reinstatement, see Immigration Amendments of 1988,Pub. [45]USCISconsiders whether there was a willful failure to register and whether any failure to register was reasonably excusable. Hey. . 2) On the question "What is your current immigration status( if it has changed since your arrival)?" it should not be considered she is overstaying correct? 28, 2011). Adjustment of Status (Green Card) from K1 and K3 Family Based Visas, US Visa Holder and Permanent Resident Immigration Discussion. Its possible for you to have applied for asylum, but for your nonimmigrant status to not have expired, and for you to have continued to comply with the rules of that status, in which case you are still in status. Is this required? Reddit and its partners use cookies and similar technologies to provide you with a better experience. [^ 4]SeeINA 201(b). You need to be a member in order to leave a comment. The nonimmigrant did not violate any terms and conditions of the initial status. [^ 9]See Chapter 8,Inapplicability ofBars to Adjustment, Section E, Employment-Based Exemption under INA 245(k) [7 USCIS-PMB.8(E)]. Person who (1) is granted U.S. For more information on the other immigration violation,seeChapter 6, Unauthorized Employment INA 245(c)(2) and INA 245(c)(8) [7 USCIS-PM B.6]. Yes. Were you ever involved in any way with torture? The B-2 nonimmigrant untimely filesa EOSapplication. The U.S. In other instances, an adjustment applicant who claimsa technical violation ofstatus based on USCIS failure to adjudicate a pending application must prove that: The applicant properly filed an applicationto extend or change nonimmigrant statusprior to the expiration date ofhis or her nonimmigrant status;, The applicant wasa bona fide nonimmigrant at the time of filing his or her applicationto extend or change nonimmigrant status, which includes establishing intentconsistentwith the terms and conditions of the nonimmigrant status sought;, The applicant filedan applicationto extend or change nonimmigrant statusthat was meritorious in fact, not frivolous or fraudulent, or otherwise designed to delayremoval or departurefrom theUnitedStates;, The applicant has not otherwise violated his or her nonimmigrant status;, The applicant remaineda bona fide nonimmigrant until the time he or she properly filedanadjustmentapplication;and. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. [^ 3]SeeINA 245(c)(8). 17 asks "Have you EVER violated the terms or conditions of your nonimmigrant status? I-485 question: Have you EVER worked in the United States without authorization? [^ 32]There may be certain exceptions that apply. During a benefit request review, a USCIS officer notices the potential violation of status and issues a Request for Evidence tothe nonimmigrant student. Therefore, the violation is not required to have occurred during any particular period of time. [^ 27]A parent who does not act on behalf of a child is not an instance of a qualifying inaction. I think you'll be fine as long as you did marry within 90 days window. I sent a letter to USCIS withdrawing her B2 visa extension and applied for I-130 already it should not be considered she is overstaying correct? There's a question that says Have you ever violated the terms or conditions of your read more Guillermo Senmartin Immigration Attorney Juris Doctor 141,138 satisfied customers If someone from the UK overstays their ESTA visa because a When expanded it provides a list of search options that will switch the search inputs to match the current selection. Thedeparture and subsequent reentry of an applicant who has at any time failed to maintain a lawful immigration statusor violated the terms of the nonimmigrant statuson any previous entry into the United States does noterase thebar. Thanks for any info. 3. SeeRainford , 20 I&N Dec. 598. I thought you have to do it together. [36]This special provision allowed for extension of H-1 status of certain registered nurses who held such status for at least five years and whose status expired in 1988 or 1989, or expired in 1987, but was under request for administrative extension. ; I-765 with electronic I-94 copy, etc. 2005); Zheng v. Gonzales, 422 F. As a result, under former 8 C.F.R. No. [13]. 3, 1987). For purposes of adjustment of status, an applicant in temporary protected status (TPS)isin and maintaininga lawful immigration statusas a nonimmigrant during the period TPS is authorized. From my understanding, unauthorized work and overstay are forgiven for immediate relatives of US citizens, but am concerned about the last part above. Due to some unforeseen events we got married on the 89th day approximately one week ago. [44], Although theNational Security Entry Exit Registration System(NSEERS) special registration requirements for nonimmigrants from designated countries effectively ended on April 28, 2011, USCIS continues to review whether nonimmigrants subject to the special registration requirements complied with the terms of the special registration when it was in effect. 4. TheINA 245(c)(8)bar applies to an applicant who has otherwise violated the terms of a nonimmigrant visa.The related provision inINA 245(k)(2)(C)exempts an eligible applicant who has otherwise violated the terms and conditions of the aliens admission. Based on the direct connection to theINA 245(c)(8)bar, it is clear that the use of the word admission inINA 245(k)(2)(C)is referring to admission under a nonimmigrant visa. In contrast, if USCIS denied the application to change nonimmigrant status, the applicant would have fallen out of valid status as of August 1 and would be barred from adjusting status, unless an exemption applies. See also Matter of Nejat Ibrahim RUZKU, 1245.2(a)(1)(ii). 245.1(c)(8) and 1245.1(c)(8), almost all parolees in removal proceedings were barred from adjustment of status. [^ 34]See52 FR 6320 (PDF)(Mar. 1) Household members: My mother is currently living with my family right now. Many many many years ago I had gone to a bar and had many drinks and well, I lost it. I was planning on filling out the application (I-130, I-485, I-864, I-693, I-765) myself to petition one of my parents, but had a few concerns that are making me lean towards getting a lawyer: parent is in US with expired visa and has worked unauthorized with illegal papers, but has always filed taxes under correct info using ITIN. [^ 22]This may include violations that occur after the applicant files the adjustment application. As mentioned in the letter above, if she isscheduled an interview for I-485, she should bring the I-693 then. [10]. And the receipt number for "Underlying Petition" is entered in I-485 page 4. This subreddit is not affiliated with U.S. [21]. Therefore, such an alien is deemed to be an arriving alien. All Rights Reserved. WebIt is a successor to the Immigration and Naturalization Service (INS), which was disintegrated by the Homeland Security Act of 2002 and supplanted by three segments inside the DHS: USCIS, Immigration and Customs Enforcement (ICE), and Customs and Border Protection (CBP). The B-2 nonimmigrant files an adjustment application. However, if you are a U.S. citizen filing an immediate Overstay doesn't matter for Immediate Relatives:https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8, Certain adjustment bars do not apply to an immediate relative, including the spouse orchild (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21.[2]. Pursuant to INA 240(b), an alien in a removal proceeding may offer evidence on his or her own. Press J to jump to the feed. TimelyFiled Application to Change Status Granted by USCIS. 3 Installing Spyder I-485 (General) 08/24/2020 we received your response to our Request for Evidence for your Form I-485 08/12/2020 We sent a request for initial evidence for your Form I-485 Here's a partial list of eligibility categories Form I-485 To adjust your status, you must file USCIS Form I-485 (Application to Register Permanent Residents or Adjust Status) Form I-485 8 C.F.R. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. 4) Can we pay the fees with the credit card? In transit through the United States (C nonimmigrant visa), In transit through the United States without a visa (TWOV), Fianc of a U.S. citizen or dependent of a fianc (K nonimmigrant visa), Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa). Yes, it is a violation of the nonimmigrant status but is essentially forgiven if married to a US citizen who is petitioning for him/her. It was denied, and a determination of adverse credibility was lodged against him. My mother previously filed B2 visa extension online but there is no number anywhere I looked including her profile or any of the notices. Expiration of I-94 Any foreign national who remains in the U.S. beyond his or her authorized period of stay, Therefore, it is unlikely that an officer will encounter this exemption due to passage of time. In response,the nonimmigrant studentsubmits a letter from the DSO atthe first universityexplaining the school had failed to timely record the transfer in SEVIS. 2003-2021 VisaJourney. Thanks. AOS after 90 days on K1 Visa violation of nonimmigrant status? [^ 21]See8 CFR 245.1(b)(6)and8 CFR 245.1(d)(3). This page was not helpful because the content: I-539, Application To Extend/Change Nonimmigrant Status, I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document, Diplomatic and other government officials, and employees (A visa category), International trade and investors (E visa ), Representatives to international organizations and their employees (G visa ), Representatives of foreign media (I visa). For example, if you are currently a nonimmigrant tourist, do not begin attending school as a student until you have received authorization from USCIS to change your status. Sorry to bother, I have a question: you can submit I-485 after I-130? For more information, see Section G, Properly Filed Adjustment Application INA 245(c)(2) and INA 245(c)(8) [7 USCIS-PM B.4(G)]. For purposes ofINA 245(c)(2)andINA 245(c)(8), an applicants failure to maintain lawful immigration status or violation of nonimmigrant status may be excused only for the particularperiod of time under consideration if: The applicant was reinstated to F, M, or J status; The applicants failure to maintain status was through no fault of his or her own or for technical reasons; or, The applicant was granted an extension of nonimmigrant stay or a change of nonimmigrant status. 2 Vince and Cheryl and deborabr reacted to this Posted November 14, 2020 Thank you all so much! The applicant must be physically present in the United States. I paid the I-130 with card so I was wondering if I can just fill out theG-1450 form with the total amount of $1,225 to cover the filing fee for I-485 and biometric fees? In general, she would send the following three packets (*note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox: She'll separate each packet with rubber bands or fasteners:https://www.uscis.gov/forms/forms-information/form-filing-tips. The company files an employment-based immigrant visa petition to classify the nonimmigrant as an employment-based first preference multinational manager. ; and. Theofficer should disregard how much time has passed since each entry and whether the applicant subsequently left the United States and returned lawfully. (I) Any person who has been convicted of any misdemeanor involving the use or possession of a controlled substance and has not been free of all restraint or supervision in connection therewith or free of: (i) A second conviction of any misdemeanor involving the use or possession of a controlled substance; or For more on these The Form I-693 must be completed by a USCIS designated doctor inside U.S. Consequently, since the immigration judge does not have jurisdiction over such applications, USCIS does, in accord with this regulation. How it is work? It's been so long I had to do this whole process for myself and so much has changed as well. Brotli Json Compression, The applicant was last admitted to the United States as a nonimmigrant visitor without a visa under the Visa Waiver Program; or The applicant has ever violated the terms of his or her nonimmigrant status. My question is whenever I have all the supporting documents ready can I submit the I-485 via mail or do I have to wait for anything? Succar v. Ashcroft, 394 F. 3d 8 (1st Cir. At the time of adjustment, an officer must consider all of the applicants current and previous entries into and stays in the United States, including current and previous applications for extension of stay (EOS) or change of status (COS). 28, 2011). More than enough. [^ 12]SeeINA 245(c)(8). In other words, if you came in as a visitor and you worked without . Didn't find the answer you were looking for? In some cases an answer of Yes makes you ineligible for AOS (as in the case of someone who was out of status who is in a non-Immediate Relative category), and in I wanted to make sure we had this going since it takes a while to get the medical exams results. The official or organization designated to act on behalf of theapplicantmustnotify USCIS and acknowledge responsibility for the inaction. General Eligibility and Inadmissibility Grounds (continued) Page 10 of 18. You have to list everyone in the household, that includes the children. WebPage 13, Part 8, Question 70 - Whether the applicant has ever obtained a student nonimmigrant visa and violated the terms or conditions of [the] student nonimmigrant status This question is redundant with Part 8, Question 17. These former regulations were challenged in litigation throughout the country. An adjustment applicant who claimsthat he or she technically violated his or her status because of a physical inability to file an extension or change of status application must establish that: He or she wassubject to a physical impairment such that the nature, scope, and duration of the physical impairment reasonably prevented theapplicant from filing the extension or changeof status application;, He or she has not otherwise violated his or her nonimmigrant status;, He or she remaineda bona fide nonimmigrant until the time he or she properly filedan adjustment application;and. Best Time To Visit Slovakia, WebNo. 23, 1997). mk2866 sarm reddit. Instead of RFE, it should be a courtesy letter: It clearly says "DO NOT MAIL DOCUMENTS AT THIS TIME." Failure to maintain status because of a pending labor certification application with the U.S. Department of Labor or a pendingimmigrantvisa petition with USCISdoesnot qualify under this exception. Thebar to adjustment for failingtocontinuously maintain a lawful status since entry into the UnitedStatesapplies to an applicantfor adjustmentwhohas: Failed to maintain continuously a lawful status since their most recent entry; and, An applicantwho haseverbeen out oflawfulstatus at any time since any entry. [^ 13]See Section D, Periods of Time to Consider [7 USCIS-PMB.4(D)]. So, if you In this example, the nonimmigrant intracompany transferee is subject to theINA 245(c)(2)bar to adjustment due to the prior failure to continuously maintain nonimmigrant student status in 2011. Yes I applied the I-130 online and I am planning to submit the I-486 by mail next week. [29], Inaction ofDesignated Officialor Organization, Instances ofqualifyinginaction include the failure of a designated school official or exchangevisitorprogram sponsor to provide required notification to USCIS of anapplicantscontinuation of status or to forward a request for continuation of anapplicants status to USCIS. WebViolating the terms means doing something you were not supposed to do. volkswagen caddy automatic, : Hence, the answer to the question from the FORM I-485 regarding the violation of status is yes. 1. [^ 25]SeeINA 245(c)(2). I have 2 quotes for $4500 and $2500 not including cost of the applications, and was planning on getting one more quote. north avenue apartments atlanta, particulate matter sizesmy boyfriend's sister is prettier than me, corsair premium psu cable kit compatibility, radica solitaire handheld game instructions, npm install tailwindcss@latest postcss@latest autoprefixer@latest. [42]. 4) Can we pay the fees with the credit card? ( c) Change of nonimmigrant classification to that of a nonimmigrant student. L. 100-658 (PDF)(November 15, 1988). 07030661 | Dated January 12, 2007 | File Size: 101 K. Memorandum from Michael Aytes, Associate Director, Domestic Operations, provides guidance on implementation of the interim rule (71 FR 27585, 5/12/06) on applications for adjustment of status by arriving aliens in removal proceedings. 8 C.F.R. You clarified a lot of my questions! To adjust status under current law, aliens must be in the United States legally on a temporary visa and eligible for a LPR visa; 10 aliens fleeing persecution may be granted asylum; 11 orin very limited circumstancesunauthorized aliens may become LPRs through cancellation of removal by an immigration judge. SeeDhukav. Holder, 716 F. 3d 149 (5th Cir. You can adjust status under Section 245 (i) if you are either the beneficiary of. Timely Filed Application to Extend StayGranted by USCIS. Stop Child Abuse - Contact the Abuse Hotline 1-800-962-2873. Form I-485, Page 10, Q. [23], If USCIS reinstates a nonimmigrant to F or M student status or if the U.S. Department of State reinstates a nonimmigrant to J exchange visitor status, the reinstatement only excuses the particular period of time the nonimmigrant failed to maintain status. An official website of the U.S. Department of Homeland Security, An official website of the United States government, Part R - Abandonment of Lawful Permanent Residence, Technical Update - Replacing the Term Alien, Technical Update - Moving the Adjudicators Field Manual Content into the USCIS Policy Manual, Technical Update - Replacing the Term Foreign National, POLICY ALERT - Adjustment of Status Policies and Procedures and 245(a) Adjustment, To protect your privacy, please do not include any personal information in your feedback. As with a timely EOS or COS application, if USCIS approves an untimely filed application to extend or change status, the approval is effective as of the date of the expiration of the prior nonimmigrant admission period. Reddit is not a substitute for a real lawyer. In order to qualify for reinstatement, a student or exchange visitor must establish that the violation resulted from circumstances beyond his or her control, such as a natural disaster, illness or closure of a school, oversight or neglect by the designated school officer (DSO) or responsible officer (RO), or the reduction in the students course load authorized by the DSO. I have an appointment scheduled on nov 30 for the medical exams etc. When USCIS approves a nonimmigrants timely filed application to change status, the start date for the new nonimmigrant status is effective on the date of approval. [34], Technical Violation Caused by the Physical Inability of the Applicant, There may be instances when a nonimmigrant is physically unable to file an application to extend or change nonimmigrant status, such as when an applicant is hospitalized with an illness or medical condition at the time the nonimmigrant status expires. Or should I leave no since she did apply for an extension? Yes overstay is a violation. However, being spouse of a USC he may still apply for adjustment. You do want to answer the questions accurately as fa [3]. WebIf you have violated your nonimmigrant status because you have overstayed your visa you are not eligible to apply at a border post. The B-2 nonimmigrant explains that he was unable to file his extension request timely, because he was hospitalized with a debilitating medical condition when his B-2 status expired. Upon arriving in the U.S. and becoming a permanent resident (green card holder), he or she may petition those family members to immigrate with Form I-130, Petition for Alien Relative. Webradica solitaire handheld game instructions; npm install [emailprotected] [emailprotected] [emailprotected]; azure data factory books; greenbrier high school volleyball The noncitizens affidavit should include a statement describing the agreement with counsel regarding specific actions to be taken and what counsel did or did not represent in that regard. Exchange visitor (J) visas are nonimmigrant visas for individuals approved to participate in exchange visitor programs in the United States. Citizenship and Immigration Services (USCIS) is issuing policyguidance addressing the general policies and procedures of adjustment of status as well as adjustment under section 245(a) of the Immigration and Nationality Act (INA). Working without a valid work visa or working in an industry or job that you are not permitted to work in, such as working in the United States without permission, is considered a violation of immigration law. USCIS excuses the untimely filing andapprovesthe EOS application. Former Department of Homeland Security regulations [8C.F.R. 245.1(c)(8) and 1245.1(g)(8)] that barred arriving aliens from adjusting status in the United States were eliminated in 2006, and new regulatory changes [8C.F.R. Continue Reading The applicant must have been: Inspected and admitted into the United States; or. On form I-485 we are unsure how to answer part 8 question 17 - Have you ever violated the terms or conditions of your nonimmigrant status? [^ 38]See Application to Extend/Change Nonimmigrant Status(Form I-539)or Petition for a Nonimmigrant Worker(Form I-129). [24]. [^ 29]If the adjustment of status application is approved, any pending EOS or COS applications should be administratively closed, indicating that status was acquired through other means. [^ 46]SeeINA 237(a)(1)(C)(i),INA 245(c)(8),and8 CFR 214.1(f). So when I have the I-485 completely filled out and have all the supporting documents I can just mail it out correct? What is arriving alien? Schwinn Breeze Youth Bike Helmet, This Practice Advisory discusses the impact of an interim rule repealing two former regulations which barred all arriving aliens from adjusting status if they are in removal proceedings. A noncitizenis admitted to the United States as a B-2 nonimmigrant. It's easy! Official websites use .gov U.S. We recommend that you apply as soon as you determine that you need to change to a different nonimmigrant category. See52 FR 6320, 6320-21 (Mar. Later, I entered with a new F1 visa and completed my studies in a different university. She is currently in the US. The Adjustment of Status is a process to complete the entire green card application in the United States with the USCIS, including the possible interview. Are you, or any other person included in this application, now in removal proceedings? I filed my case in Texas Service Center only about 45 days in advance of my expiry In the course of this further security check, the applicant must provide any missing or additional information using the DS-5535 form Expedited Removal (ER) was created by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) Nathanael Admission or admitted . USCIS should have sent it to you via US mail and it should also show on your online USCIS account. That was extremely helpful. I did not come back the next semester and my SEVIS was terminated as a "Failure to enroll full-time". Sure, it would be ideal to also apply for adjustment before the 90 days, but it's not a violation if you don't. Adjustment of Status for Arriving Aliens, Cuban Adjustment Act, and Other Nationalities. I have almost all the evidence and forms filled out but still have a few questions in case you know the answer: 1) I could not find the USCIS online registration number. Unless the applicant is otherwise exempt, the granting of TPS does not excuse or cure any other lapses or violations of lawful immigration status or forgive any unauthorized employment. This means that EVEN PEOPLE WITH FINAL ORDERS OF REMOVAL, if they are classified as arriving aliens, must file their green card applications with USCIS directly and not with the Immigration Judge. First at all, I entered the country under a B2-VISITOR visa in 2008, overstayed. In this scenario, USCIS considers the applicant to have continuously maintained lawful status for purposes of adjusting status. [35]. Working without authorization in the United States is a violation of one's akshara parent portal for pc , He also provides corroborating evidence from the attending medical staff at the hospital. Web( 2) The alien has not otherwise violated his or her nonimmigrant status; ( 3) The alien remains a bona fide nonimmigrant; and ( 4) The alien is not the subject of removal proceedings under 8 CFR part 240. is missouri a right to work state, 2022 bradley airport check-in Why was my I-485 denied: Answer: If your I-130 was approved but I-485 was denied, the USCIS officer probably determined that you were inadmissible for purposes of adjustment of status or did not meet all requirements for adjustment of status I 485 Case Was Approved USCIS Notice Date USCIS Receipt Number Replace My I-797 Approval Notice (Form I-824) Replace My I-797 AILA Doc. 89-732, 80 Stat. USCIS, Feb. 23, 2022. The nonimmigrant transferee, however, may be exempt from that bar underINA 245(k). , You need to be a member in order to leave a comment. If a gap of time exists between the expiration date of the previous nonimmigrant status and the start date of the new status, USCIS considers the nonimmigrant to have continuedto maintain a lawful statusonly if: The nonimmigrant timely filed the COS application;, USCIS granted the request to change status; and. The noncitizen is admitted to the United States as a nonimmigrant intracompany transferee for a company. The alien applicant needs to fill the Part I of the Form I-693. Thank you so so much!!!! Oftenan officer can verifya technical violation resulting from USCIS inaction or oversight through review of USCIS systems and the Record of Proceeding. Arriving Alien Adjustment of Status No Authority for the BIA to Reopen Old Exclusion, Deportation, or Removal Cases. good morning all, thank you for this thread I am also in same boat with my mother in law. Adjustment of Status of Arriving Aliens Under the Interim Regulations: Challenging the BIAs Denial of a Motion to Reopen, Remand, or Continue a Case By Mary Kenney Practice Advisory1 April 16, 2007 This practice advisory is the third in a series about the interim regulations, adopted May They must also be admissible (or eligible for a proceedings who are classified as arriving aliens, with a few minor exceptions.
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