WHAT DISCRETIONARY RELIEF CAN I REQUEST WHEN I AM DENIED ENTRY AT THE BORDER?

If you are ever denied entry at the border, you may ask for permission to withdraw your application for admission.

I cant tell you how many times an individual applies for admission to the U.S., but is subsequently deemed inadmissible due to a long forgotten criminal violaiton. In such cases, it is permissable to ask for permission to to withdraw your application.

Withdrawing your application for admission will avoid being placed into removal proceedings; having an expedited removal order issued against you; or, if you are seeking admission under TN status, a denial of your TN and then being issued an expedited removal order. 

As a discretionary form of relief, you should be aware that there is no right to withdrawing your application for admission. Border officials will make their decision on whether or not to grant permission to withdraw on a case by case basis. Nonetheless, no matter what the circumstances of your case may be, it can never hurt to ask for permission to withdraw your application for admission.

Have you recently had a similar issue at the border? If so, please give us a call at our office to discuss how we can help you with your border issue.

By WILLIAM Z. REICH, ESQ.