When a passenger is found inadmissible and transferred back pursuant to 3.60* (Annex 9)
*3.60:Each Contracting state shall ensure that a person found to be inadmissible is transferred back into the custody of the operator (carrier) who shall be responsible for prompt removal to: a)the point where the person commenced his journey b) to any place where the person is admissible
the public authorities ordering the removal shall deliver the travel documents of inadmissible person to the operator (carrier) who shall be responsible for delivering them to the public authorities of the State of destination.
My question is, can USINS maintain possession of the documents used to enter the U.S. and provide me with a letter attesting fraudulent documents presented at the port-of-entry or INS must surrender the documents even though they are fraudulent documents? In other words, USINS must retun the individual with same documents presented to gain entry to the U.S.
According to 8 C.F.R. section 241.9: An alien who has been ordered removed........................as determined by the district director, with a written notice specifying the cause of inadmissibility or deportability, the class of which such alien arrived and is to be removed, and with the return of ANY documentation that will assist in effecting his or her removal.
I would like to know if USINS have the right to keep the document used to get access to the U.S. even if they are counterfeit.
Thank you
<Hanbal>
Posted
I would imagine that the Dept. of Justice (INS being a branch of it) has indeed the right to keep fraudelent documents as evidence.
A person who was "removed" (expeditedly or not) and is later found to having entered the U.S. later again not instpected etc. may qualify for an "enhancement" of punishment (point system increasing the prison term that person may be given).
<Angel>
Posted
All of the documents found to be fraudulent are used as an exhibit of your case. All will be copied and attached to your file. YOur file will then be retained with the INS and forwarded to the consulate of the country you came from. In other words, when you apply for a Visa in the future, the US consulate in your country will have a record of that incident. In fact, when you are returned back to your country, all pertaining documents will also be sent to the Immigration of the country you are from. Basically, nothing will be given back to you other than the manifest of your belongings.
<helouad>
Posted
Thank you for your responses.
Understood, INS will keep my documents. What about the authorities at destination country, what do I present them with? Would the letter from INS suffice my return to that country? yet the letter does not identify my nationality nor my true identity.