A JM client was recently required to report to a deferred inspection by Customs and Border Protection (CBP) officials at BWI Airport, after his arrival into the U.S. from a short trip abroad. Deferred inspections are used by CBP officials when an immediate decision concerning the immigration status of an arriving traveler cannot be made at the port of entry. In this case, the JM client, a Lawful Permanent Resident of the U.S., had previously pled guilty to a single count of second degree assault and received a suspended sentence of over one year. Notwithstanding controlling law to the contrary, CBP officials questioned whether or not this conviction rendered the client inadmissible. The client thereafter hired Immigration Attorney Himedes Chicas, who appeared with him at his deferred inspection to ensure that removal proceedings would not be initiated against him. Although governing regulations limit an attorney’s role to a client during the deferred inspection process, Attorney Chicas appeared with his client and presented a detailed written argument as to why CBP could not establish that his client should be regarded as an applicant for admission based upon any ground of inadmissibility. After several hours of waiting and apparent inquiries to supervising officers and attorneys, CBP agreed that Mr. Chicas’ client was in fact admissible. CBP also returned the client’s passport and LPR card, which they had previously confiscated. JM highly recommends any noncitizen, including green card holders, to speak to an immigration attorney prior to travel if he or she has ever been convicted so as to avoid or be prepared to confront admissibility problems with CBP upon reentry. Feel free to call Maryland criminal lawyer Chicas at 202.384.2647 if you have any questions regarding the impact of criminal convictions on your immigration status.
