Inspector's Field Manual - Gani

Inspector's Field Manual
checking Box #3 and the appropriate category within that paragraph, to refer the alien to the judge for the
asylum hearing. Place the alien in Service custody pending the asylum hearing.
(f) Overstays. In emergent circumstances, a district director may grant an alien admitted under the VWPP
program satisfactory departure in increments of 30 days or less. Such actions must be endorsed on the original
I-94W so that the data can be captured in NIIS when the alien departs. (See paragraph (i) below regarding
removal of aliens admitted under the VWPP program.)
(g) Readmission after Departure to Contiguous Territory or Adjacent Islands. VWPP aliens who depart from
and return to the U.S. during their 90-day admission period may be readmitted for the balance of their original
admission period without issuance of a new I-94W. If the original I-94W was lifted, a new I-94W is required. If
feasible, check NIIS for the original I-94W number and write it on the new I-94W. Endorse block 12 with the
letter "R" to denote a readmission. Reentry during the original admission period need not be on a signatory
carrier. Liability of the original carrier, if any, is unaffected by such brief departures. Treat a reentry after
expiration of the original admission period as an entirely new arrival. An alien reentering during his or her
original VWPP admission period may be readmitted for the balance of the original period or make a new VWPP
admission. It is important to note that the original carrier retains liability only if the applicant is readmitted for
the balance of the original VWPP admission.
The term "adjacent islands" for this purpose means Anguilla, Antigua, Aruba, Bahamas, Barbados, Barbuda,
Bermuda, Bonaire, British Virgin Islands, Cayman Islands, Cuba, Curacao, Dominica, the Dominican Republic,
Grenada, Guadeloupe, Haiti, Jamaica, Marie-Galante, Martinique, Miquelon, Montserrat, Saba,
Saint-Barthelemy, Saint Christopher, Saint Eustatius, Saint Kitts-Nevis, Saint Lucia, Saint Maarten, Saint
Martin, Saint Pierre, Saint Vincent and Grenadines, Trinidad and Tobago, Turks and Caicos Islands, and other
British, French and Netherlands territory or possession bordering on the Caribbean Sea.
(h) Notifications to Carriers of Liability for VWPP violators. Use Form I-259, Notice to Detain, Remove or
Present Aliens to notify a carrier of liability when a VWPP violator is identified. Check the appropriate box
requiring the carrier to remove the alien. The carrier is responsible for transportation costs only from the
original port of arrival on the first available transportation (even if this is not with the responsible carrier). If
the alien is not removed by the first available means, any additional expenses, including detention costs, are
incurred by the carrier. The Service is responsible for removal of VWPP aliens arriving by land, except for those
being readmitted during the original admission period.
(i) Removal of aliens admitted under the VWPP program. An alien admitted under the VWPP program who
remains longer than authorized or otherwise violates his/her status may be removed from the United States
without a hearing before an immigration judge. This applies regardless of whether the alien admitted as a
VWPP was originally entitled to admission under the program or not. For example, if an alien gained
admission by falsely claiming to be a national of a VWPP country (including presentation of a counterfeit or
impostor passport from such country), and was later discovered to be here in violation of the law, he/she would
still not be entitled to a section 240 hearing before an IJ.
When such alien is encountered, the arresting officer should:
- Prepare an I-213;
- Take a sworn statement (if appropriate);
- Issue a letter to the alien notifying him/her that the Service has determined that he/she violated the
conditions of his/her admission under the VWPP program and that he/she is being removed from the United
States, without hearing before an immigration judge, in accordance with the provisions of the Visa Waiver Pilot
Program;
- Except in cases where the alien entered over the land border, issue Form I-288, notifying the carrier that
it is responsible for removing the alien and that it must make appropriate transportation arrangements; and
- Prepare Form I-296 notifying the alien that he/she is precluded from reentering the United States for a
period of 10 years (unless the alien has been previously removed or the alien is an aggravated felon, in which
case the relevant greater bar would attach). The Form I-296 would be endorsed (including taking the fingerprint