A deferred inspection is an inspection conducted by CBP officers that takes place on a date after an individual’s initial application for admission into the U.S., usually at a different site than where the individual originally applied for admission.
An order to appear for a deferred inspection will usually be issued if primary and secondary inspections at the port of entry cannot generate an immediate determination as to the individual’s U.S. immigration status. This can occur if an individual does not have sufficient documentation when s/he first applies for admission at the border.
Individuals seeking admission into the U.S. must demonstrate that they are eligible to enter the U.S. In order to be lawfully admitted into the U.S., individuals must be inspected by a CBP officer. Through the inspection process, CBP determines the admissibility of applicants for admission.
During an inspection at the border, a CBP officer will determine:
(1) Why you are coming to the U.S.;
(2) What documents are required for you to enter the U.S.;
(3) If you have the required documents;
(4) How long you should be allowed to remain in the U.S.; and
(5) If you are admissible or inadmissible.
CBP makes these determinations during processes called primary inspection and, if necessary, secondary inspection.
All individuals attempting to enter the U.S. must first demonstrate their admissibility to U.S. Customs and Border Protection ("CBP"). This applies to all foreign nationals, including those who have already been issued a visa at a U.S. Consulate abroad, as well as those who are visa-exempt.
Part of the U.S. Department of Homeland Security, CBP is the largest uniformed law enforcement agency in the United States, with 18,000 officers stationed at access points nationwide. It is the agency responsible for protecting the borders of the U.S. and, therefore, controls access to the country. CBP is responsible for protecting the nation’s 325 ports of entry and enforcing hundreds of laws designed to protect citizens and commerce. Among the laws CBP must enforce are the immigration laws of the U.S. In carrying out its immigration enforcement duties, CBP can question, investigate, and detain arriving aliens at U.S. ports of entry.
Welcome to BorderImmigrationLawyer.com! The purpose of this site is to provide the public with information about common U.S. immigration issues. Specifically, those issues arising at land border ports of entry.
U.S. immigration law is a very complicated area of law and can be extremely confusing to most individuals. In this author’s experience, understanding the U.S. immigration laws and processes began with a study of the government agencies that are charged with their administration and enforcement.
Immigration law is federal law, which means that the same laws apply throughout the country, in every state. It also means that federal agencies, not state or local, are responsible for administering and enforcing the immigration laws. There are several federal agencies that are involved with immigration in some way. The U.S. Department of Homeland Security (“DHS”) is the primary federal agency charged with the administration and enforcement of the immigration laws. Other agencies with lesser, yet important, roles include the U.S. Department of Justice and the U.S. Department of State.