The INS has issued an interim rule amending previously issued regulations governing the definition of an “arriving alien.” The definition is used to determine which aliens are subject to the 1996 Immigration Act’s expedited removal process. The expedited removal process allows the INS to remove aliens and bar reentry for five years for aliens found to be reentering the US through fraud or misrepresentation or without proper documentation. Under the previous rules, a parolee whose status is terminated, without regard to the date of parole or the circumstances under which the parole was granted. The new INS rule exempts persons paroled into the US before April 1, 1997 as well as persons granted who applied for and received advance parole in the United States after that date.
The INS commented that the changes were necessary to make the rules consistent with the intent of Congress.
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