What to Expect if Placed in Secondary Inspection by Customs and Border Patrol at the Airport
If Customs and Border Protection (CBP) places you into secondary inspection for further investigation upon arrival at an airport, it is crucial to stay calm and understand your rights and what to expect. This can happen for various reasons, including routine checks, visa issues, or travel history concerns. In addition, CBP may:
Search Belongings: Officers may inspect your luggage, electronic devices, and personal belongings. They may ask you to unlock your phone or laptop. While you have the right to refuse, this could result in further delays or even denial of entry.
Please see general information linked here about electronic device searches to be aware of CBP searches that could be conducted at either a land or airport port of entry when you apply for admission to the U.S. after international travel.
Prolonged Detention: Some inspections take hours, and in certain cases, travelers may be held overnight. Those travelling with you will not be informed on how long the process will take. You will also not be able to contact them with updated timeframes. They may wish to go home. They should notify your emergency contact immediately.
Pressure to Withdraw Your Application for Entry: If CBP believes you are inadmissible, they may pressure you to voluntarily withdraw your application for entry instead of undergoing formal removal proceedings. This could prevent you from returning for a set period.
Expedited Removal: In some cases, CBP can issue an expedited removal order, which may bar you from returning to the U.S. for five years or more.
What You Should Do:
Remain Calm & Polite: Avoid arguments or confrontation with officers.
Answer Questions Truthfully but Briefly: You have the right to remain silent on certain questions, but lying can have serious consequences.
Do Not Sign Anything Without Understanding It: If pressured to sign documents, request an explanation or legal counsel if possible.
Request to Contact a Lawyer: While non-citizens do not have the right to an attorney in CBP inspections, you can ask to communicate with legal counsel. If you have a legal representative, let CBP know.
Document the Encounter: If released, write down everything you remember, including officer names, questions asked, and anything you were asked to sign.
Who to Contact for Help:
If you are detained, try to contact a trusted family member or friend. We recommend they have the names of several possible immigration attorneys who specialize in deportation/removal to contact on your behalf.
Remember, CBP decisions at the airport can have lasting effects on your immigration status. Knowing what to expect can help you navigate this process more effectively. Stay informed and be prepared.
Travel Advisory & Client Reminder: Documentation Requirements for Entry After International Travel
April 1, 2025
In light of recent well publicized incidents involving the refusal of entry of non-citizens, the anticipated imposition of travel bans on certain countries, and a presidential directive to exact “maximum” vetting on visa applicants and travelers, we would like to remind non-citizens of the basic requirements for seeking admission into the United States.
Travel by Lawful Permanent Residents
Lawful Permanent Residents (LPRs) or “green card” holders who returning from a brief trip (less than 180 days in duration) with a valid green card are not regarded as seeking an “admission” for immigration law purposes unless a U.S. Customs and Border Protection Officer (CBP Officer) alleges that the LPR has abandoned their residence, departed while in removal proceedings, engaged in illegally activity after departure, committed certain offenses in the past, or is attempting to enter the U.S. at an unauthorized location. LPRs who do present such issues generally should not be questioned about their immigration status. However, the inspection process is a direct encounter with a CBP Officer and may expose LPRs who have publicly expressed an opinion on an issue that the current administration opposes to additional scrutiny. The current administration appears to be actively engaged in a program to censor and silence non-citizens through the deportation process. Several deportation actions have been lodged against non-citizens, including LPRs, who have voiced opinions that the current administration has deemed “anti-American”. Accordingly, LPRs who have a history of expressing political opinion should be prepared for additional review, which could result in the institution of deportation proceedings.
Travel by Nonimmigrants
The re-entry rules for temporary non-immigrant travelers are very different. As a starting point, it is important to understand that U.S. immigration law requires a non-immigrant traveler to prove to the inspecting CBP Officer at the time of arrival that they are fully admissible in a particular visa category. The burden of proof remains on the non-immigrant traveler regardless of the number of prior successful entries.
For example, we recommend that all non-citizens seeking admission to the United States, including H-1B, O-1, L-1, E-3, etc.[1] have ready for presentation at the time of inspection:
A passport which is valid for at least 6 months that is not issued by a country that is subject to a travel ban.
A valid visa in the category in which they are seeking admission. (The visa requirement generally does not apply to citizens of Canada.)
If the CBP Officer asks for evidence that the non-citizen is returning to work (or beginning employment, depending on individual circumstances):
a. Form I-797 petition approval notice
b. Three recent pay statements
c. Recent letter from petitioner confirming continued employment.
Please note that presentation of the above does not guarantee admission to the United States. Individuals seeking admission in an employer-sponsored non-immigrant category must be familiar with the terms of the petition filed on their behalf and be able to explain to the inspecting officer(s) the nature of their work. You must be familiar with the details of the petition including job title, duties, worksite(s) and compensation listed on the petition. The officer may review the visa holder’s responses against the petition, to which they will have access through various government databases.
In addition to verifying that the non-immigrant visa holder is intending to abide by the terms of the visa category that they seek admission into, the CBP Officer has wide latitude to investigate other issues. All travelers are subject to additional scrutiny on a random basis. The scope of the additional investigation can include review of data on electronic devices, such as smart phones and laptops as well as the visa holder’s on-line presence.
Issues for All Travelers
Non-citizen travelers are particularly at risk of being denied re-admission or subject to additional scrutiny and interrogation at the port of entry if the CBP Officer suspects that the traveler raises concerns involving matters including, but not limited, to:
Immigration Issues
It has been reported that CBP Officers are reviewing non-immigrant travelers’ past statements and responses on visa related applications. A discrepancy (material or otherwise) on prior applications may form the basis of a determination of willful misrepresentation or fraud leading to visa revocation and a denial of entry.
National Security and Terrorism Issues
Travel to certain regions associated with heightened security risks (e.g., conflict zones) may subject non-citizen travelers to additional questioning or scrutiny. CBP Officers may review social media accounts and private data on electronic devices to investigate ties to or support of terrorist organizations, individuals, or movements. A suspected tie, even those that are remote or tenuous, to an alleged terrorist organization or person can lead to visa revocation and a denial of entry. Media reports indicate that the recent refusal of admission of a physician at Logan Airport involved matters discovered in her mobile phone, including deleted photos.
Criminal Issues
Past arrests, indictments, or probable cause findings, even where the ultimate court disposition is a “dismissal” under state or federal law, may be deemed a conviction under federal immigration law and can result in visa revocation and denial of entry. In addition, a mere accusation of having committed an offense involving marijuana or other controlled substances, fraud, theft, domestic violence, or crimes of moral turpitude, can lead to further investigation and resulting in visa revocation and denial of entry.
Given the sudden fluctuations in U.S. immigration policies and each traveler’s unique circumstances, the outcome of the admission process is not predictable. Therefore, please consider travelling internationally only if necessary.
Non-citizens seeking admission in F-1 or J-1 status must consult with their school’s international office to obtain a list of documents that they should have ready for presentation. Non-citizens seeking admission in other categories should consult the specific requirements applicable to their category.
Twenty-seven religious organizations sue Trump Administration for allowing ICE to raid houses of worship
Last month, President Trump rescinded previously longstanding guidance that prevented Immigration and Customs Enforcement (ICE) from conducting immigration enforcement at “sensitive locations,” which includes churches, mosques, synagogues, and other houses of worship. ICE is now able to enter these spaces to question people and arrest noncitizens who ICE accuses of violating immigration law. In response to this change, 27 Christian and Jewish organizations filed a lawsuit against the Trump Administration for infringing on their religious freedom. Their lawsuit states that the new policy spreads a fear of raids that lowers attendance at house of worship services and programs.
Trump Administration shortens TPS validity period for Haitian nationals
On February 20, 2025, the Secretary of Homeland Security partially vacated the Biden Administration’s extension and redesignation of Temporary Protected Status (“TPS”) for Haiti. TPS grants foreign nationals of the designated country a period of authorized stay that protects them from deportation and enables them to apply for employment authorization. The partial vacatur shortened Haitian nationals’ TPS validity period by six months to August 3, 2025.
Any links to the announcements or Federal Register Notices to include in these topics?
State Department will no longer issue U.S. passports with “x” sex marker.
As directed by Executive Order 14168, the State Department issued guidance clarifying that they will no longer issue U.S. passports of Consular Reports of Birth Abroad with an “x” sex marker. All passports and Consular Reports of Birth Abroad moving will have either an “M” or “F” sex marker, based on the individual’s assigned sex at birth.
Technical issues with visa application website
The National Visa Center (“NVC”)’s Consular Electronic Application Center (“CEAC”) is currently experiencing technical issues with its online system that is preventing some individuals from completing their visa applications. The NVC is trying to fix the issue, but in the meantime, the NVC will not accept documents submitted outside of the CEAC.
State Department narrows eligibility for nonimmigrant visa interview waivers
On February 18, 2025, the State Department rescinded the Biden Administration’s expansion of nonimmigrant visa interview waivers. The only individuals now eligible for a nonimmigrant visa interview waiver are for diplomacy-related visa categories and those who had a visa in the same category that expired less than a year before the new application. Individuals must also apply in their country of nationality or residence, have never been refused a visa, and have no ineligibility issues. Consular officers can also still require an in-person interview.
Visa Bulletin Update
The Department of State publishes a monthly Visa Bulletin which identifies all immigrant visa “preference” categories and indicates whether a backlog exists for each one. The categories are separated into two charts: a “Final Action” chart and a “Dates for Filing” chart for both family and employment-based immigration.
USCIS has determined that the Dates for Filing chart must be used in March 2025. EB-2 and EB-3 preference categories remain backlogged for all countries, which means that individuals in these categories may not file Form I-485 applications until their priority dates become “current.” A priority date is current when it is earlier than the date listed in the Visa Bulletin.
In the March 2025 Visa Bulletin, the State Department advanced Final Action dates for employment-based cases by 2-8 weeks for most noncitizens in the 2nd, 3rd, 4th, and Other Workers categories. There were no changes in the EB-1 category.
The employment-based Final Action date advancements are as follows:
EB-1: no change
EB-2:
o Mexico, Philippines, and All Other: advanced 6 weeks
o China: advanced 16 days
o India: advanced 6 weeks
EB-3:
o Mexico, Philippines, and All Other: no change
o China: advanced 1 month
o India: advanced 6 weeks
Other Workers:
o Mexico, Philippines, and All Other: advanced about 7 weeks
o China: no change
o India: advanced almost 8 weeks
Link: Visa Bulletin For March 2025
If you have questions about planning, please schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).
H-1B Cap Season Registration
The H-1B Cap Registration period will run from Friday, March 7, 2025 at 12pm Eastern Time to Monday, March 24, 2025 at 12pm Eastern Time. Cap-subject employers seeking to file an H-1B petition for a foreign national employee(s) starting in Fiscal Year 2026 must create an online account and electronically register their employee(s) on the website during the registration period. Employers should submit their registration(s) as soon as possible given the registration website’s technical issues in previous years.
After the registration period ends, USCIS will run the H-1B cap lottery and will notify employers of the results via their online account. In previous years, USCIS has notified employers of the lottery results before the H-1B cap filing period window began on April 1.
International Travel Risk: Travel Bans Might Return in March
A January 2025 Executive Order directed the Secretary of State, Attorney General, Secretary of Homeland Security, and the Director of National Intelligence to submit to the President within 60 days (by March 20, 2025) a report identifying countries with deficient vetting procedures and a list of foreign nationals from these countries who have entered since the start of the Biden Administration. The Trump Administration might use this report as justification for imposing a new round of travel bans, which could begin after the report’s submission.
These potential travel bans impose a risk on foreign nationals travelling internationally before the report submission because foreign nationals might not be allowed to re-enter the United States under the travel ban(s). Foreign nationals should not partake in unnecessary international travel during this time.