GT Attorneys meet with NS Port Director at Dulles International Airport

On February 27, 2002 GT attended a presentation at the Washington Dulles International Airport (DIA) in Virginia where Port Director Valentine Garcia provided useful tips and guidance for foreign nationals traveling on international flights.

The statistics on the number of flights, travelers and the staff shortage the Port Director is experiencing provide a background and to some extent an explanation behind what may appear to an outsider to be an unorganized and perplexing process. For example, according to Port Director Garcia, there are approximately 36 international flights and 4000 individuals who go through DIA on a given day (not counting weekends and holidays). To add to the stress of ensuring proper inspections, the Port Director is required by law to clear each flight within 45 minutes of landing. This gives Primary Inspectors approximately 1 minute to inspect each passenger and determine the purpose of their trip, the authenticity of documents presented and the passenger’s bona fide intent.

For passengers who are foreign nationals and are traveling in and out of the U.S. using temporary visas or travel documents, inspections can at times be tedious, but as recent tragic events have shown, they are also very necessary.

On average, most people with proper documentation will only encounter the Primary Inspector who has 1 minute to conduct a computer check and verify the authenticity of the documents presented. One program runs names and dates of birth for matches to names posted by various federal agencies (FBI, Department of State, etc). Another program includes photographs, previous deportation orders, Interpol and Department of State data, as well as information regarding overstays. While more detailed information is likely available to the Inspector, Mr. Garcia was not willing to go into more detail.

One of the points stressed by Mr. Garcia was that it is not his agencies responsibility to confirm a foreign nationals status or pending applications with the INS, in fact the primary inspection does not include a check of the INS database to determine if the individual has petitions pending with the INS that would clarify the individual’s status or resolve other issues or concerns.

If the Primary Inspector is not satisfied with the passenger’s documents, then the passenger is referred to the Secondary Inspector. This would occur if there are concerns regarding the purpose of the visit, eligibility for entry, authenticity of documents or any other issues that will require further inquiry and verification. Some situations are automatically referred to secondary inspection including: anyone entering on an I-551 stamp in their passport (this is the stamp individuals receive when they initial become legal permanent residents and are waiting for the actual permanent residence card to be created and issued); and TN nonimmigrants entering the U.S. from a country other than Canada or Mexico

There is no time limit for the Secondary Inspection. The Secondary Inspector addresses the validity of the visit and the passenger’s intentions. A sworn statements is also taken at this time. In addition, more in depth computer queries are conducted, agencies, employers or family members are contacted to obtain information. There is no right to have an attorney present during this process and Mr. Garcia made it clear that the attorney would not be contacted or allowed to be present during the Secondary Inspection.

Mr. Garcia was also kind enough to provide us with general tips he believes help speed up the Inspection process while avoiding undue complications. So foreign nationals who are in the U.S. temporarily on a nonimmigrant visa, or one who are legal permanent residents of the U.S. should keep the following in mind when traveling internationally:

If an individual entered the U.S. utilizing the visa waiver program and overstays, the next time the individual travels to the U.S. a visa should be obtained, otherwise the individual will not be admitted.

Those in TN status should carry their receipts confirming they have paid the requisite fees.

Individuals with waivers should carry the written order from the Immigration Judge regarding the cancellation of removal.

Individuals with criminal records (including DUI or DWI) should carry the certified court disposition. The State databases checked by the Inspectors are not always updated with the relevant information.

Inspectors and the Port Director no longer have the discretion to issue waivers for lack of proper documentation.

Previous overstays or individuals who have worked without authorization are automatically placed in expedited removal. They cannot withdraw their applications for entry. Exceptions: They may be able to re-enter if there is some sort of family tie and proper steps are taken in advance to ensure re- admission will be granted.

If an Adjustment of Status ("green card") application is approved while the foreign national is abroad, then the individual can still be admitted to the U.S. using a valid advance parole document. They will then need to finish processing at the District Office

Lawful Permanent Residents will not be admitted if they have a conviction for possession of marijuana, this is considered a Crime of Moral Turpitude.

Return to GT Immigration Observer Table of Contents