Deferred Inspections – Entering the U.S.

Persons will be given “deferred inspection” when United States Customs and Border Protection (“USCBP”) believes that there is a problem admitting the person, but they do not believe that automatically denying entry and placing them back on the plane is appropriate. Deferred inspections are given to persons who are not clearly inadmissible and it usually relates to criminal convictions in the person’s background. The inspector, upon review of the persons public records, including criminal records, may determine that even though there is a criminal conviction, for example, it may not be a serious offense, or one for which a waiver may be available. In that event, the inspector will allow you to enter the United States, but will provide you a notice that you must appear at a local USCBP office for a continuation of the inspection process.

The inspection process usually requires presenting certified criminal dispositions to determine the seriousness of the offense and whether it is one which renders the person inadmissible. A complete review of the criminal history will be made by the USCBP inspector, including a search of nationwide government records. In more cases than not, the USCBP officer issues a “Notice to Appear” requiring that the person appear and defend himself/herself in removal proceedings before an immigration judge.

It is important to note that, recently, with the government’s new efforts to deter terrorism, the inspections at the borders are more thorough and any criminal arrest will appear on USCBP inspector’s records now. Therefore, if you have a criminal conviction in your background, and never before had a problem, that may change. If you have a conviction in your background, and you want to leave the country, you are strongly advised to speak to us concerning the conviction to see if it will be a problem for your reentry.