Tag: CBP

Navigating Secondary Inspection at the United States Border

Blog Post with picture of airplane with the title: Navigating Secondary Inspection at the US Border.

Traveling internationally can be stressful, especially when you arrive in the United States (U.S.) and find yourself pulled into secondary inspection by Customs and Border Protection (CBP). This process, while routine for CBP, can be intimidating, confusing, and even anxiety-inducing for travelers. At AVA Global, we want to make sure you know your rights and how to handle the situation calmly and strategically.

What Is Secondary Inspection?

When you enter the U.S., you first go through primary inspection, where CBP officers check your passport, visa, and ask general questions. Most travelers pass through this phase quickly; however, if CBP needs more information or has concerns about your travel history, documents, or responses, you may be sent to secondary inspection.

Secondary inspection is a more detailed process that can involve:

  • A thorough review of your documents
  • In-depth questioning
  • Searches of your luggage and electronic devices
  • Verification of your immigration status or prior travel
  • Biometric checks (fingerprints, photographs)

It’s important to remember that being selected for secondary inspection does not mean you did something wrong. It could be random, or due to common issues like:

  • A mismatch in records
  • A name similar to someone on a watch list
  • Frequent travel to the U.S.
  • Prior immigration violations or visa overstays
  • A need to verify employment or school enrollment

What You Should Do if You are Pulled into Secondary

1. Stay Calm and Polite

This may seem obvious, but it’s crucial. CBP officers have broad authority at the border, and becoming angry or argumentative will only make the situation worse. Answer questions truthfully and respectfully.

2. Know What You’re Carrying

CBP has the right to inspect your belongings, including phones, laptops, and other digital devices. They may request access to your social media or email accounts. While you are not legally required to provide passwords, refusing may delay your entry or cause CBP to deny admission. If you’re concerned about privacy, consider leaving your electronics at home.

3. Understand Your Rights

If you are a U.S. citizen, you cannot be denied entry to the country. However, CBP can detain you for questioning. If you’re a lawful permanent resident (green card holder) who has not abandoned residence in the U.S., you also have the right to re-enter, but may be subject to more scrutiny if you have past legal or immigration issues. Be very careful about staying outside of the country longer than six months if you are a green card holder. If you have, then we highly advise that you speak to a licensed U.S. immigration attorney before trying to re-enter.

For non-citizens, admission to the U.S. is discretionary. However, you still have the right to:

  • Request an interpreter if needed
  • Remain silent if you’re unsure how to answer
  • Ask for an attorney if you’re being detained for removal proceedings (though you’re not entitled to legal representation during routine inspections)

4. Don’t Sign Anything You Don’t Understand

If CBP believes you are inadmissible, they may offer you the option to withdraw your application for entry. This is a serious decision with long-term consequences. Do not sign any documents without understanding their impact or speaking with a lawyer.

5. Contact an Immigration Attorney Immediately

If you’re placed in expedited removal or deferred inspection, or if your visa is cancelled, contact an immigration attorney as soon as possible. Having legal guidance can make a significant difference in protecting your rights and addressing any misunderstandings.

6. Document Your Experience

As soon as you’re able, write down everything you remember about the inspection process, including:

  • The names or badge numbers of officers
  • The questions asked
  • Any documents you signed
  • How long you were held

This information can help your attorney evaluate the situation if legal action or follow-up is necessary.

Final Thoughts

Secondary inspection can be nerve-wracking, but knowing what to expect and how to respond can make a major difference. At AVA Global, we’re here to help you navigate any immigration challenges with clarity and confidence. If you’ve had a difficult experience with CBP or are facing immigration issues, contact us for a consultation today. You may register for a consultation by calling 970-680-1223/+41 (0)78 248 26 28 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of May 7, 2025

Entering the United States on a Nonimmigrant Visa

Entering the United States on a Nonimmigrant Visa

If you are entering the United States on a Nonimmigrant visa, then you most likely have heard a lot of news outlets reporting on nonimmigrants being turned away at the border. Please note that U.S. Customs and Border Patrol (CBP) is the immigration authority at the U.S. port of entry; therefore, even if you have a visa in your passport or an ESTA, they can ultimately decide whether or not to let you enter the United States. This article will help you prepare for your entry to the U.S.

1. What is Your Visa Category?

There are many different types of nonimmigrant visas. For example:

  • Tourism (B-2)
  • Business (B-1)
  • Student (F-1, J-1, M-1)
  • Work (H-2B, E-2, O-1)

When you applied for your visa, you should have carefully ensured that you applied in the correct visa category based upon your purpose for traveling to the U.S. As each category has different requirements and responsibilities, it is imperative that you take the time to fully understand the conditions and limitations of your visa to ensure compliance throughout your stay.

2. Review Your Visa and Passport

When your visa is approved, then it will be stamped inside of your passport. Be sure to review your visa to ensure that all the details are correct, such as your name, visa type, and validity dates. If there are any discrepancies, contact the U.S. embassy or consulate before you travel.

You should also ensure that your passport has at least six months of time before it expires as sometimes passengers get denied boarding if their travel documents expire within a certain period of time.

3. Plan Your Arrival in the U.S.

Before you travel, it’s crucial to:

  • Confirm Your Travel Dates: Double-check the validity of your visa and ensure your travel dates align with the visa’s validity period.
  • Prepare Your Travel Documents: In addition to your passport and visa, you should carry supporting documents to present to CBP upon arrival, such as:
    • Proof of the purpose of your visit (eg. a letter from your employer, university acceptance letter, conference invitation, vacation travel itinerary, etc..)
    • Evidence of sufficient funds to cover your stay in the U.S.
    • Return flight details or proof of onward travel.
    • Evidence that you will return to your home country at the end of your stay (eg. Proof of a resident, job, schooling, etc.).
  • Know Your U.S. Address: Make sure you have your U.S. address ready, whether it’s the address of a friend, family member, or your place of employment or school.

4. Understand the U.S. Entry Process

Upon arrival in the U.S., you’ll go through a CBP inspection. Be prepared to answer questions regarding the purpose of your visit, your planned activities, and your ties to your home country. The CBP officer may also review your documents, including your visa and supporting paperwork. CBP officers also may go through anything you have with you, including your telephone, computer and emails. If this is concerning to you, then it is better to leave those devices at home rather than take them with you.

While most travelers are allowed entry, keep in mind that the final decision is made by the CBP officer at the port of entry. They may approve or deny entry based on their assessment.

5. Follow the Terms of Your Visa

Once you’ve entered the U.S., it’s essential to adhere to the terms of your visa. This includes maintaining your status by attending school (if you’re on a student visa), working only in the approved capacity (if you have a work visa), and not overstaying the duration of your authorized stay. Violating the terms of your visa can result in serious consequences, including deportation and future visa denials.

Final Thoughts

Entering the U.S. on a nonimmigrant visa requires careful preparation and a clear understanding of the application process, visa conditions, and entry requirements. By following these steps, gathering the necessary documentation, and being honest during your interview, you can increase your chances of a smooth and successful entry into the U.S.

If you have questions, concerns or need assistance with your visa application, you can register for a consultation with us via phone (970-680-1223) or online. Our attorneys are licensed to practice U.S. immigration law in all 50 states and at U.S. consulates and embassies around the globe.

*Shared for general information purposes and is not legal advice. Engagement with this post doesn’t create an attorney-client privilege. For specifically tailored advice, schedule a consultation.

Current as of March 31, 2025