Calls from potential clients detained at the airport are emergencies for many immigration attorneys. This call is usually from someone who just landed and cannot enter the U.S. due to admission issues. The lawyer now faces difficult decisions for the client. During this critical moment, airport inspectors will determine whether the immigrant can be allowed entry or will be sent back.

The US Customs and Border Protection (CBP) is in charge of inspecting visitors to the United States. Annually, men and women in dark uniforms greet tens of thousands of people at U.S. airports. CBP officers frequently probe U.S. visitors to determine their admissibility.  Non-immigrants and permanent residents must get ready to enter the U.S.

Navigating Primary and Secondary CBP Inspections at U.S. Airports

Every port of entry in U.S. airports conducts both “primary” and “secondary” CBP inspections. At the booth known as the “primary,” the officer conducts an interview with the immigrant to inquire about their nationality and the purpose of their entry into the United States. Some foreign nationals are photographed and fingerprinted for US Visit Program purposes.

You may be sent to the “secondary” inspection site if the primary officer needs more information. Other CBP officers may question you further and review your immigration documents. U.S. visitor history databases can be reviewed by CBP at this point. Some clients wait three hours to leave this inspection point.  If there are “skeletons in the closet,” this is when they are going to be revealed. 

The “secondary” interview puts a visitor in the “hot seat.”  In this “emergency” period, immigration lawyers are contacted. Usually, immigration attorneys intervene. The officer may probe about previous trips, contacts, employment, entries, relatives, and U.S. trip plans during this inspection. The officer may ask the visitor to explain prior violations. Attorneys are not allowed to participate in “secondary” inspection, but relatives call our office often. The visitor should plan for this emergency with legal counsel. 

Immigration Emergencies: The Importance of Proactive Planning and Expert Advice

Planning ahead for this type of emergency is best. The immigration lawyer can advise visitors on admissibility. Many immigrants who take risks do not plan ahead. Some fail inspection due to poor research or consulting with the wrong person.  If you are not prepared, immigration inspectors may catch you.

Visitors to the U.S. may be allowed to withdraw their applications if they face serious allegations. Even if the visitor must return home, her immigration record may not be affected. The alternative is expedited removal. The visitor will be barred from entering the U.S. for years. 

Foreign nationals must obtain Form I-831, the “Q&A.” if expedited removal is necessary. The CBP officer must record a negative decision and all applicable facts. Q&A will include key details of the officer-visitor conversation. It will also list CBP inadmissibility grounds. Our first consideration in an expedited removal case is this. In such a case, we will search for the CBP officer who made the negative determination and investigate whether immigration was justified.

In the high-stakes world of immigration, preparation is not just a luxury; it’s a necessity. The consequences of failure to plan can be severe, with individuals facing the daunting prospect of expedited removal and years-long bans from entering the U.S. Yet, amidst these challenges, there is hope. By seeking the guidance of experienced immigration lawyers and taking proactive steps to understand admissibility requirements, visitors can navigate these turbulent waters with confidence.

Johnson Lazaro has been practicing law for 28 years. For questions, please call 866-237-9555 or Email: law@lazarolaw.com   This article should not be taken as legal advice.  This is not meant to create a lawyer-client relationship. www.facebook.com/USA.Lawyer