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ResourcesVisa & Immigration LawUS Immigration LawShould USCBP Rethink Enforcement Protocols At Airport Checkpoints?

Should USCBP Rethink Enforcement Protocols At Airport Checkpoints?

Transcript of the above video:

I have gotten a lot of recent inquiries from clients and reports effectively from clients, telling me that they have had all kinds of weird interactions with CBP, US Customs and Border Protection, when we are talking about CBP.

I say weird because, for example somebody who was coming in and out of the United States on a Tourist Visa, had never overstayed their Tourist Visa, but admittedly during COVID had stayed for a prolonged period of time and then had left and come back in, they started getting hassled. I have also had a number of clients recently getting a lot of heightened scrutiny associated with how long they have been outside of the country when they have a Green Card; raising the issue of so-called presumption of abandonment of residence in the United States. I've seen this on top of just really getting into people's personal itineraries and these are on people that haven't overstayed, they have been using a Tourist Visa correctly. Okay maybe they have had a lot of prolonged travel to the United States in recent memory but it's all part of this in my opinion, this push in some sort of bureaucratic circles if you will, to increase this sort of interpretive prerogative on the part of the bureaucracy within the otherwise legal framework.

So if the law says you only get 6 months on a Tourist Visa and you use four and a half months in one entry and then you wait a number of months and you come back again and you stay four months again, that starts bumping up against, okay yeah I see where Customs may be worried that that person is effectively trying to use a Tourist Visa to live in the United States but it's deeper than that. I'm just noticing more and more that when we will find solutions for people - this is in both the US and a Thai Immigration context - we will find legal solutions for people and then it is almost as if the system wants to evolve to not allow that solution in the future. And that's where I don't get it and that is where I would say maybe CBP should look at how they are doing some of this entry protocol stuff because there are a number of people who really aren't trying to evade or violate the laws regarding entry to the United States and they are seeming to get a ton of hassle out of USCBP. Meanwhile, I have got to be honest and I am not the type of person likes to throw this up in the Immigration apparatus's face, but we have got a southern border that's just wide open and people are just doing all kinds of stuff down along there and meanwhile we are nitpicking people who are really trying to go out of their way to abide by US law. It just seems like a nonsensical way to handle things.