What Is a Record of Sworn Statement in Proceedings Under INA 235(b)(1)?
When an individual is denied entry to the United States at a port of entry, US Customs and Border Protection (CBP) officers may initiate expedited removal under Section 235(b)(1) of the Immigration and Nationality Act (INA). As part of this process, CBP typically conducts a formal interview and records the traveler’s answers in a Record of Sworn Statement (Form I-867A/B).
This sworn statement serves as official evidence in expedited removal proceedings and can be used to justify a ban of five years or more from re-entering the US. The individual’s responses during this questioning can significantly impact their future ability to obtain a visa, green card, or other immigration benefits. Unfortunately, many travelers do not realize the importance of this statement and may unknowingly say things that harm their case.
Why Is This Statement Critical?
- It documents the reason for removal, such as visa fraud, misrepresentation, or lack of proper documentation.
- The traveler must sign it before being removed, often without fully understanding its consequences.
- Any inconsistencies or admissions can later be used against the individual in future immigration applications.
- It can lead to a misrepresentation finding, making the person permanently inadmissible to the U.S. unless they obtain a waiver.
Why You Need an Immigration Attorney
If you have been issued a Record of Sworn Statement in Proceedings Under Section 235(b)(1) or face an expedited removal order, it is crucial to act quickly. These records can permanently affect your immigration future, but with the right legal strategy, they can often be challenged or corrected.
Do not sign a sworn statement without understanding its consequences. If you or a loved one has been detained by CBP and issued an expedited removal order, you may still have options to fight the decision, request a waiver, or reopen your case.
Call my office now at 305-515-0613 or email info@messersmithlaw.com for immediate legal assistance. We have successfully helped clients challenge removal orders, overturn CBP decisions, and restore their ability to enter the US. Let us help you fight for your rights.