Definition & Meaning of CBP Form 259
The CBP Form 259, also known as the CBP I-259 form, is an official document issued by U.S. Customs and Border Protection. It serves as a formal notice regarding the detention or removal of non-citizens, particularly alien crew members or travelers deemed inadmissible into the United States. This form places responsibility on the carrier, such as a ship or aircraft, for the individual’s status until the legal issues are resolved. The form is crucial in immigration proceedings, ensuring compliance with U.S. laws.
How to Use the CBP Form 259
Using the CBP Form 259 involves several key steps. First, it is essential to understand the context in which the form is issued. The form is typically served to the agent or master of a vessel or aircraft when a non-citizen is detained. The carrier must acknowledge the notice and comply with the conditions set forth in the form. This includes ensuring that the individual is either returned to their point of origin or held until further legal action is taken.
Practical scenarios include:
- When a non-citizen crew member is found to have violated visa conditions.
- When a passenger arrives without proper documentation.
How to Obtain the CBP Form 259
The CBP Form 259 is not typically available for public download, as it is issued by CBP officials during specific immigration enforcement actions. If you believe you need this form, it is advisable to contact CBP directly or consult with an immigration attorney. They can provide guidance on the circumstances under which the form is issued and how to address any related issues.
How to Fill Out the CBP Form 259
Filling out the CBP Form 259 requires careful attention to detail. The form includes sections that must be completed by the issuing officer, detailing the reason for the detention or removal. The carrier's information, including the name and contact details of the vessel or aircraft's agent, must also be accurately provided. It is crucial to ensure that all information is correct to avoid complications in the immigration process.
Steps to Complete the CBP Form 259
Completing the CBP Form 259 involves the following steps:
- Gather necessary information about the detained individual.
- Provide accurate details about the carrier, including the vessel or aircraft name.
- Clearly state the reason for detention or removal.
- Ensure that all sections of the form are filled out completely.
- Review the form for accuracy before submission.
Who Typically Uses the CBP Form 259
The primary users of the CBP Form 259 are U.S. Customs and Border Protection officials and carriers such as shipping companies and airlines. The form is also relevant to legal representatives of detained individuals, as it outlines the basis for detention and the responsibilities of the carrier. Understanding the form's implications is vital for all parties involved in immigration enforcement.
Legal Use of the CBP Form 259
The legal use of the CBP Form 259 is significant in immigration law. It serves as a formal notification that can be used in legal proceedings regarding the status of non-citizens. The form outlines the responsibilities of the carrier and the rights of the individual detained. Failure to comply with the requirements set forth in the form can lead to legal penalties for the carrier.
Examples of Using the CBP Form 259
Several real-world examples illustrate the use of the CBP Form 259:
- A cruise ship arrives in the U.S. with a crew member who lacks the necessary visa. The ship's captain receives a CBP Form 259, detailing the need to return the crew member to their home country.
- An airline is issued a CBP Form 259 when a passenger arrives without proper documentation, compelling the airline to arrange for the passenger's return.
