The U.S. Customs & Border Protection (USCBP), one of the U.S. Department of Homeland Security’s (DHS’) largest and most complex components, has a two-fold mission of keeping terrorists and their weapons out of the U.S. plus, having the responsibility of securing and facilitating trade and travel while enforcing hundreds of U.S. immigration and drug laws.

We represented an individual today at the USCBP office in Orlando who had several arrests and the purpose of the appointment was to determine whether or not he would formally be admitted to the United States.  This appointment is referred to as a Deferred Inspection appointment.

In simple terms, Deferred Inspection is when a Border Patrol Officer at a designated port of entry (POE) cannot admit an alien, in most cases, a lawful permanent resident (LPR) into the United States at the time of entry because an officer has reason to believe that the arriving alien has violated the immigration laws.

Typical violations of the immigration laws include but are not limited to, an LPR remaining or residing outside of the U.S. for too long or, having been convicted of a crime or crimes after becoming an LPR that would cause the returning LPR to be inadmissible to the United States.

It is important that certain guidelines be followed in order to be prepared for this kind of an appointment.  Experience shows that failure to do so, will heighten the possibility of being placed in deportation proceedings and in certain cases, being referred to the U.S. Immigration & Customs Enforcement (USICE) to be placed in immigration custody.

The guidelines to prepare for a Deferred Inspection appointment are the following:

1. Seek an experienced immigration attorney once you receive notice of the appointment (although this is an informal proceeding, the consequences are high if you go to this appointment unrepresented);
2. Provide complete and certified copies of all arrest, conviction records and, be prepared to discuss the specifics of those records;
3. Be truthful when questioned by the USCBP Officer, answer only what is asked; and
4. Bring a friend or relative.  In the event that you are placed in immigration custody, that person can hold your belongings and inform family members as to your whereabouts.

The outcome of our client’s appointment went well.  He was well prepared and answered truthfully.  

After the USCBP officer heard our client’s testimony, the officer determined that he was admissible, endorsed his passport, and was allowed to formally enter the United States.

The above guidelines are suggestions to minimize the consequences of being placed in deportation proceedings.