INSPECTIONS, ADMISSIONS AND EXAMS
The Law Office of Brian T. O’Neill can assist you if you have complications with the Inspection and Admission process to the USA
What is the Inspection process?
All persons arriving at a port of entry to the USA are subject to inspection by a US Customs and Border Protection (CBP) Officer. CBP officers will conduct the immigration, customs and agriculture components of the inspection process.
What does the Law Say?
The legal foundation that requires the inspection of all persons arriving in the USA comes from the Immigration & Nationality Act (INA), section 235. The rules are incorporated into the Code of federal Regulations (CFR) at 8 CFR section 235
What can happen at the port of Entry?
When arriving at the airport, the airline will give all travelers some documents to complete while still en route to the USA. All travelers are required to complete a Customs Declaration form 6059B. Those travelers who are no-US citizens and are requesting admission to the USA with a visa will be given Form I-94 Arrival/Departure Record to complete. Upon arrival the airline personnel will show you the inspection area and you will enter an inspection line to speak with a CBP officer. If you are a US citizen, special lines are available and the officer will request a passport and Customs Declaration form, verify citizenship and welcome you to the USA.. If NOT a US Citizen, lanes are marked for non-citizens, the officer must determine the purpose of travel to the USA, the documents you require, and the duration of your intended stay in the USA. The determination will be make within a minute or two or you will be asked to proceed to secondary screening point for further questioning. If allowed to proceed, the officer
will stamp the passport and customs declaration form and issue a completed Form I-94 to you to show what immigration classification you were given and how long you are allowed to stay.
The officers may decide that you should not be permitted to enter the USA. There are many reasons why this could occur and you will either be placed in detention or temporarily held until a return flight arrangement can be made. If you have a visa, it could be cancelled. In certain cases, the Officer may not be able to decide if you should be allowed into the USA and thus the inspection process would be ‘deferred’ (postponed) and you will be instructed to go to another office for further processing.
At a land border port of entry you will undergo the same general process. One officer will conduct the primary inspection of the vehicle lane. That officer may send you for further review or issuance of needed papers to a secondary inspection area. Once a determination is made to allow entry to the USA, you may be sent for further Customs Inspection or immediately allowed to proceed with your trip.
The inspection process at a sea port is similar to the airport process. Otherwise passengers will be instructed of where to report for inspection on board the vessel.
What Documents Must You Present?
A foreign national entering the USA is required to present a passport and valid visa issued by a US Consulate Official unless the person is a citizen of a country which is eligible for the Visa Waiver Program, a lawful permanent resident of the USA, a citizen of Canada.
The Law offices of Brian T O’Neill Experienced staff can assist you through the Secondary, Deferred inspection and Admission process to the USA. Contact us at 617-722-4000 or online.