AILA LIAISON QUESTIONS TO CBP FIELD OFFICE

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1 AILA LIAISON QUESTIONS TO CBP FIELD OFFICE December 2012 Currency and Goods at the POE 1. Please confirm CBP's method of handling a situation involving an individual leaving the US with over $10K in cash? You may bring into or take out of the country, including by mail, as much money as you wish. However, if it is more than $10,000, you will need to report it to CBP. Ask the CBP officer for the Currency Reporting Form (FinCen 105). "Money" means monetary instruments and includes U.S. or foreign coins currently in circulation, currency, travelers' checks in any form, money orders, and negotiable instruments or investment securities in bearer form. Reporting is required under the Currency and Foreign Transaction Reporting Act (PL , 31 U.S.C. 5311, et seq.), as amended. Failure to comply can result in civil and criminal penalties and may lead to forfeiture of your monetary instrument(s). Does it differ if the individual is a foreign national or USC? No What is the procedure for retrieving confiscated cash? The Fines, Penalties and Forfeitures (FP&F) will mail a Notice of Seizure within 60 days to claimant. The claimant will have 30 days to respond with a petition. The FP&F office will respond to claimant's petition with a decision. 2. Is a US citizen restricted from traveling outside of the United States with cash when traveling within the United States or abroad. For example, an individual who passed security and prior to boarding the plane to travel one to London and the other to Iran, was interrogated by three officers and requested to tell the officers exactly how much money he had with him. The officers were very short and intimidating to the individual who knew more or less how much money he had but not to the penny, as was expected by the government officers. Are US citizens prohibited from traveling with $10, or more outside of the United States? No, it is legal to transport any amount of currency or other monetary instruments into or out of the United States. However, if you transport, attempt to transport, or cause to be transported (including by mail or other means) currency or other monetary instruments in an aggregate amount exceeding $10,000 or its foreign equivalent) at one time from the United States to any foreign country, or into the United States from any foreign country, you must file a report with U.S. Customs and Border Protection. This report is called the Report of International Transportation of Currency or Monetary Instruments, FinCEN Form A client traveling from Washington D.C. to Houston, reported that as she was about to board the plane in DC, there were three TSA officers picking passengers randomly, mostly minority women, and checking their personal bags and purses. Is this a new practice? US citizen clients are worried about this level of scrutiny when they have already passed security like everyone else. 4. If a USC travels to Europe or any other country abroad, upon his return, he is required to report all the new articles or items purchased abroad. Further, the USC or LPR is allowed up to $ tax exemption on these items.

2 a. If the USC reports that he spent approximately $2, abroad, what is the tax rate that he is charged by CBP at the port of entry, for the excess money spent abroad, beyond the $ exemption? The CBP officer will place the items that have the highest rate of duty under your exemption. Then, after subtracting your exemptions and the value of any duty free items, a flat rate of duty will be charged on the next $1,000 worth of merchandise. Any dollar amount beyond this $1,000 will be dutiable at whatever duty rates apply. The flat rate of duty may only be used for items for your own use or for gifts. As with your exemption, you may use the flat rate provision only once every 30 days. Special flat rates of duty apply to items made and acquired in Canada or Mexico. The flat rate of duty applies to only to those purchases that accompany you on your return to the United States. The following is an example of the different rates if you acquire goods valued at $3,500 from various different places: Country Total declared value Personal exemption (duty-free) Flat duty rate Various duty rates U.S. insular possessions $3,500 $1,600 $1,000 at 1.5 $900 Caribbean Basin countries $3,500 $800 $1,000 at 3 $1,700 Other countries or locations $3,500 $800 $1,000 at 3 $1,700 The flat duty rate will be charged on items that are dutiable but that cannot be included in your personal exemption, even if you have not exceeded the exemption. The best example of this is liquor. If you return from Europe with $200 worth of items, including two liters of liquor, one liter will be duty-free under your exemption. The other will be dutiable at 3, plus any Internal Revenue Service tax Family members who live in the same household and return to the United States together can combine their items to take advantage of a combined flat duty rate, no matter which family member owns a given item. The combined value of merchandise subject to a flat duty rate for a family of four traveling together would be $4,000. b. Does this person need to declare personal items purchased for his personal use, such as colognes, clothes and shoes? What is it exactly that the person is to report to the CBP authorities? Items you purchased and are carrying with you upon return to the United States, items you inherited, items you bought in duty-free shops, on the ship, or on the plane. Repairs or alterations to any items you took abroad and then brought back, even if the repairs/alterations were performed free of charge. Items you brought home for someone else.

3 Items you intend to sell or use in your business, including business merchandise that you took out of the United States on your trip. You must state on the CBP declaration, in U.S. currency, what you actually paid for each item. The price must include all taxes. If you don t know for sure, estimate. If you did not buy the item yourself for example, if it is a gift estimate its fair retail value in the country where you received it. c. Are items purchased on flight which are tax free required to be reported to CBP? Yes Lookout List Removal 5. What is the procedure to have a foreign national removed from the Lookout List after 14 years of waivers. No crimes involved simply 212(a)(6)(c) misassumption on the original inspector s part that the foreign national was an intending alien. The foreign national should send a request to DHSTRIP. Abandonment of LPR Status at the POE 6. Please address whether carriers are fined if they allow a Lawful Permanent Resident to board, even though the individual s LPR card is expired, and the individual is later placed into removal proceedings by CBP on the issue of abandonment? Sec Of the INA states in pertinent part that It shall be unlawful.. any transportation company,. to bring to the United States from any place outside thereof (other than from foreign contiguous territory) any alien who does not have a valid passport and an unexpired visa, So yes, depending on the circumstances, a fine can be initiated. 7. Please confirm whether an applicant can file an I-193 before arriving in the airport? Or should the individual have the application prepared to be submitted at the time of entry, along with filing fee, and other supporting documents that the person has not abandoned their residence? The decision to allow an applicant to file for a waiver to for a passport or visa is discretionary. A person knowingly boarding an aircraft with an expired passport or visa in order to circumvent existing document requirements is in violation of the law and may not be a candidate for the exercise of discretion. Determination of abandonment of status is not dependent upon the expiration date of the I Under what circumstances will the secondary inspection site on Lee Road correct and/or extend paroles (I-94) for Cuban entrants? In the past, our experience as varied from a lack of willingness to assist with anything to some officers being very helpful to others who will correct an error on an I-94 but then only issue a new one for a few months. Can you clarify exactly what the policy is? The CBP Deferred Inspection location on Lee Road can correct an error on an I-94 if the error was the fault of CBP. A Cuban national paroled into the United States for removal proceedings should consult ICE for a re-parole. If the person was paroled due to humanitarian reasons, he or she

4 should consult with the office that processed the original parole. If there is a problem with logistics, the foreign national should still reach out to the originating office who can then contact the local CBP office for assistance. Blanket L at the POE 9. Does CBP require an individual to obtain a new visa stamp if an individual is admitted to the U. S. in L-1 status under a Blanket L visa, is later promoted to a managerial position and a petition for reclassification is filed with CIS in order to record that the individual is now in a managerial position in the U.S.? May the individual continue to travel on the initial Blanket L visa stamp with the I-797 demonstrating the reclassification to L-1A at the time of application for admission to the U.S.? If the subject s admission classification was changed in the United State and the subject departed the United States, then the subject would need a visa in the new classification before being admitted to the United States. Proof of LPR status after NTA issuance at POE 10. An LPR in removal proceedings is entitled to proof of LPR status. In the case of a returning LPR, the DHS has the burden of proof in removal proceedings. Matter of Huang. The law is clear that an LPR retains the status of an LPR unless and until there is an administratively final order of removal. INA 101(a)(20), Matter of Lok, Matter of Serna, etc., etc. Since removal proceedings may include consideration of various relief applications, an appeal to the BIA, etc., getting to that administratively final order of removal should that finally occur -- can easily take 4 or 5 years or more. (Obviously if the LPR wins the case either on the issue of admissibility or by receiving a waiver, cancellation of removal, etc., and there is no administratively final order of removal. ) The law also requires every alien over the age of 18 to carry proof of their registration in their personal possession at all times. INA 264(d) and (e). Scenario Returning LPR stopped at the port of entry on a claim of inadmissibility. An NTA is issued by CBP for a hearing date and time to be determined. Usually the first Master Calendar hearing is months later. CBP confiscated the LPR card and issued an I-94 valid for 6 mos. Assuming the first master calendar hearing has been held and there is a new hearing date by the time the initial I-94 expires, CBP will then extend that I-94 only to the next hearing date. (i) By what authority does CBP confiscate I-551 from an LPR at the commencement of removal proceedings? Please cite a particular section of the INA, regulations, etc., that provides CBP with this authority, as it has the effect of stripping individuals of proof of their LPR status based upon the mere issuance of an NTA. 8 CFR (g) governs the issuing of a temporary permanent resident document while a person is in removal proceedings. (ii) Assuming CBP believes that it has the authority to lift the I-551 at the POE, can the standard policy in place be altered to allow for issuance of alternate proof of LPR status valid for a period more reasonable in relation to the actual anticipated duration of the proceedings? (An initial period of 2 years would be reasonable, with 1 year extensions thereafter, given the docket backlogs of most Immigration Courts)

5 In accordance with current CBP policy, the time given on the Temporary I-551 will be the date of the court hearing, or if no date is established, the time should not exceed one year. There are no plans at this time to change existing policy.