POE Procedures at Dulles International Airport, Washington D.C.
Posted Mar 08, 2002

On February 27, 2002, attorneys at The Law Office of Sheela Murthy had the privilege of meeting with the Port of Entry (POE) Officers at Dulles International Airport. As part of that meeting, we had a tour of the airport facility, including the rooms where the secondary inspections and interrogations take place as well as the rooms where those entering have their immigrant visas stamped. We were shown, first hand, how their POE process works by the Port Director, Mr. Val Garcia. Clearly, September 11^th has had an impact on inspection procedures.

B-1/B-2  

Individuals with multiple-entry B-1/B-2 visas will be subject to strict scrutiny if they spend extended time in the U.S. on a frequent basis. Individuals who enter the U.S. on the B1/B2 visas for periods close to the six-month maximum, who then depart the U.S. and attempt to reenter shortly thereafter, will likely be subject to strict review regarding the location of their true domiciles. These individuals stand a good chance of having their entry denied. Persons on these visas can no longer expect easy access in and out of the U.S. if they have spent extended periods here in the past.

H-1s and Other Non-Immigrants  

Those entering on H1Bs and other non-immigrant visas will need to be diligent about checking the expiration dates on their I-94 cards issued at the port of entry. The I-94 is the small, white card issued at the POE that provides the authorized length of stay (status) in the U.S. It could also be the card attached to the H1B approval notice on the right-hand corner, which is a tear-off portion. If the person entering on the H1B or other non-immigrant visa is in possession of a Form I-797 (Approval Notice) for an extension of status, the proper procedure is for the person to submit the latest I-797 approval notice to the POE inspector, so that the inspector will issue the new I-94, valid through the extension or latest H1B approval date. However, if one does not have a new I-797, the POE will only admit the person for the remaining time on her/his visa.

In some instances, the POE may use the visa date instead of the I-797 date, either in error or based on the fact that the H1B employee failed to submit the latest H1B approval notice to the POE inspector. In previous discussions with the POE officers, they indicated that they would be willing to correct an error caused by the POE inspector. This is no longer the case, according to the Dulles Port Director, even if the H1B employee submitted the latest I-94 card. Their position is that the POE inspectors / officers know which date to use. If they used the date on the visa stamp in the Passport and not the H1B approval notice date, the H1B applicant for admission must not then have shown the latest INS-issued I-797 approval notice. Since there is no way to determine what was actually shown at the POE, it is impossible to win this "he says, she says" argument. It is therefore vital that one submit to the INS POE inspector the latest H1B approval notice and then verify that the expiration date put on the I-94 matches the latest H1B approval notice validity date. If there are errors or discrepancies, the issue needs to be addressed immediately with the INS inspector. Failure to do so could result in one's being deemed to be out of status earlier than anticipated. If not detected and corrected, there is a possibility of the 3-year or 10-year bar applying against that person.

Pursuant to current INS policy and a procedural memorandum, individuals who travel on valid H-1 visas, with H-1 extension cases pending, may obtain reentry based on proof of the pending extension. These individuals are to be admitted for the duration of the previously approved H-1 case, plus ten days. However, if the H-1 extension case is approved while such persons are out of the country, the INS memorandum of January 2001 states that the POE is to check this matter via the INS computer CLAIMS database and issue entry valid for the latest H1B-approved period. However, the POE Director at Dulles advised that they are unable to follow this course of action, as they do not have sufficiently up-to-date computers allowing access to this information. This, therefore, could be problematic for the H1B applicant. If one must travel with an extension pending, s/he should make arrangements to have the approval notice sent to him/her by the employer or the attorney, to present at the POE. Otherwise, the POE will only admit the individual for the duration of his or her prior H-1 submitted to the POE. Since the most recent I-94 issued governs status, the situation may not be remedied by the existence of an I-94 attached to the approval notice.

Adjustment of Status Pending  

Those with an advance parole, issued based upon having a pending adjustment-of-status case, will need all three copies of the advance parole in order to gain reentry to the U.S. The POE inspector could place a person in secondary inspection if they have any concerns about the dates on the Advance Parole or any other information not matching up.

Permanent Residents  

One item of particular interest is that permanent residents who are traveling on the I-551 stamp (temporary evidence of green card given before the plastic card is issued) will be automatically subjected to secondary inspection. They will not be quickly processed through the line. This is a significant departure from the prior practice of many years when individuals could travel on the stamp in the same manner as persons with the plastic card. The stamp is the "functional equivalent" of the plastic card and is valid evidence of permanent residence. It is a valid reentry document, in combination with a valid passport. Presumably, the secondary inspection would provide the POE officers with additional time to determine whether the stamp is legitimate or a forgery.

As a bit of good news, permanent residents who have with them the actual "plastic" I-551 card or green card can use the U.S. citizen line at Dulles and JFK airports in Virginia and New York, respectively. This is apparently also the case at a few other POEs, although it is not mentioned anywhere in writing on the boards.
 
Miscellaneous  

An individual with an arrest record or other criminal history should carry with him/her certified dispositions of the offense. This is not a change from past procedure but is a reminder as everyone is under greater scrutiny.

The U.K. has been added to the "security list" due to a significant problem with drug smuggling.

Those placed in secondary inspection for any reason will generally not be given access to attorneys.

Conclusion  

In the ultimate analysis, this information does not mean that travel must cease but that everyone must be particularly careful to have his or her documents in order. More people will be subjected to additional questioning and some, especially B-1/B-2s, may be denied entry. We appreciate this opportunity to see the INS facilities at Dulles International Airport and for valuable information, providing us with insight into the POE process, which we can share with you, our MurthyBulletin and MurthyDotCom readers.