Admissions Procedures

  • • Burden of Proof: clearly and beyond a doubt entitled to be admitted
  • Many of the grounds of inadmissibility (and deportability) have waivers
  • Inadmissibility grounds are interpreted more broadly (deportability grounds are viewed more narrowly with "tighter" interpretation)
  • The procedural rights available to an individual will vary depending on where a person is in the process.
    • "Due Process" rights do not apply while seeking admission, or may vary depending on where in process, probably only have rights by statute, not Constitution.
    • Once admitted, one has more rights.
    • Protection status foggy for those in country illegally.
  • These provisions are applied or interpreted by Immigration and Customs Enforcement (ICE). Citizenship & Immigration Services (USCIS), consular officers, immigration judges, the Board of Immigration Appeals, and federal judges reviewing these decisions.
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