Traveling as a Green Card Holder? If a Customs and Border Protection officer has questions about your entry, you might be asked to attend a deferred inspection appointment. Not sure what that means? Don’t worry—we’re breaking it down for you.
What is a Deferred Inspection Appointment?
Lawful permanent residents (LPR) are permitted to travel to and from the United States fairly easily. By presenting your green card to an officer of Customs and Border Protection (CBP), and by answering a few questions, you are typically permitted back into the United States. This is not, however, the case for all LPRs, as an officer at the CBP may ask you more questions and subsequently schedule you for a deferred inspection appointment.
When and why might you be scheduled for a deferred inspection appointment?
Deferred inspection appointments are typically scheduled when the CBP requires more time and information to verify whether you, the non-citizen, are admissible to the United States. This is common in cases where you have spent more than 180 days outside of the U.S., in which case you will be treated as someone who is applying for a green card for the first time.
In other cases, if you had been arrested or convicted of a crime, you may be denied entry into the US because many categories of possible crimes committed make you, the LPR, inadmissible to the US, which are grounds for refusal of entry into the United States. Even crimes that were committed a long time ago can cause admissibility problems for you. Additionally, if the U.S. government suspects you of committing a crime against the safety and welfare of the U.S., you could be placed in deferred inspection at the airport or scheduled for a later appointment with CBS.
Additionally, if you previously filed a USCIS petition or attended an USCIS interview in which you signed statements attesting to facts that may raise questions about your admissibility for your Green Card, and you later travel, upon your return to the U.S., you could also be scheduled for an appointment by CBP.
Preparing for the Deferred Inspection Appointment
Once you are notified of your appointment, you will likely have a few weeks to prepare for the appointment. You must prepare all documents/ evidence to prove that you are admissible to the U.S. or address what is written in the appointment notice CBP provided to you at the airport. This is also an excellent time to hire an attorney to help assess the likelihood that you will be detained by the US immigration authorities or placed in removal proceedings, and present a defense to your potential removal from the U.S.
What will happen at your appointment?
The appointment is essentially an interview where a CBP officer will discuss the case with you. It is important to answer the questions truthfully. Lying to an officer is a serious offense that could result in the potential loss of all chances of obtaining any future US immigration benefits. If you have documents that refute what the CBP officer is alleging against you (in the case where your criminal history was the grounds for your inadmissibility), this is the time to present them to the officer.
If your appointment goes well, you may be released with your LPR status intact and if your Green Card was taken from you, it may be returned to you. If the appointment does not go well, the officer may deem you inadmissible and place you into custody and/or be given a charging document (a Notice to Appear or NTA), which will begin removal proceedings in US immigration court.
If you have convictions for more severe criminal charges, you may be taken into custody immediately, and removal proceedings will be initiated against you.
What happens if you are given an NTA?
If you receive a Notice to Appear (NTA), it’s likely that the CBP officer will retain your green card and provide you with what is referred to as a “parole card.” This parole card will act as evidence of your immigration status while you are in the United States until the conclusion of removal proceedings.
The NTA will detail all accusations and allegations of inadmissibility that CBP believes to be accurate. You will be given a specific date and time to appear before an immigration judge, who will adjudicate the allegations and charges of inadmissibility in a court setting. If you are ultimately deemed admissible to the U.S., your green card will be returned to you.
You may also be interested: How do I apply for a family member from the U.S. if I am a Green Card holder?
Why hire an immigration attorney?
Deferred inspection appointments are an important part of the immigration process, and being well-prepared can make all the difference. With the guidance of an experienced immigration attorney, you’ll better understand what to expect and how to present your case clearly and confidently. We’re here to support you every step of the way and help you protect your legal status. Contact us today to schedule a consultation to assess your situation and prepare for your deferred inspection appointment.
