2010/10/18 -- CBP Liaison Meeting

Q: If an I-551 card is taken away from an LPR at the airport on grounds of abandonment, what is the procedure in case the alien contests? Is an NTA always issued? What happens if the alien does not contest? How can that person be admitted? And, if they do not contest, but change their minds, what can they do?

A: CBP may temporarily detain the I-551 and forward it to the Immigration Judge who may review a person's admissibility and status. In these cases a temporary I-551 is created for the alien.

If the alien agrees they have abandoned their status, they may voluntarily, willingly and affirmatively surrender their Form I-551, at which point they may be admitted B1-B2 or WT/WB, or if an alien disagrees or wishes to contest the abandonment determination, they may choose to appear before an IJ for a determination of LPR status.

An alien who wishes to have an IJ make the determination will be issued a NTA with a date to be set by the court.

Aliens who wish to recover their LPR status may request a hearing at any time before an IJ by presenting themselves at a POE and seeking entry as a LPR.

Please refer to IFM Chapter 17.6 and Chapter 17.10.