What is deferred inspection and how should I respond to a request from Customs and Border Patrol?

When you arrive at a United States port of entry, and the inspector from Customs & Border Patrol cannot determine whether you are admissible, you may be granted something called deferred inspection. 

What is deferred inspection?

Deferred inspection is often given to noncitizens when they do not have documents that are needed to prove that they should be let into the United States. A border protection officer or inspector will decide to grant deferred inspection based on several criteria:

• The likelihood that you will be able to prove that you are admissible
• The types of documents that you are missing and your ability to get those documents
• Whether you made a good faith effort to get the needed documents before you got to the United States
• Whether they can verify your identity and nationality
• Your age, health, and family ties to the United States
• Other humanitarian considerations
• The likelihood that you would appear for deferred inspection
• The type of inadmissibility at issue (criminal, security-related, etc.)
• The danger to society if you were allowed into the United States

If the inspector or CBP officer thinks that you might be inadmissible because of criminal activity or thinks you may be a security risk, they will place you in expedited removal proceedings or allow you to withdraw your application for admission to avoid a removal order.

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How to Respond to a Request from a Border Patrol Agent

If you are granted deferred inspection, the inspector will give you an I-546 Form (Order to Appear-Deferred Inspection), which will tell you when you must appear for deferred inspections. It also lists what documents you need to bring with you. 

There are 70 deferred inspection sites. You can find the one closest to you by viewing all of the deferred inspection sites here.  The St. Louis deferred inspection site is at Lambert-St. Louis International Airport in the East Terminal at Room E-1201, St. Louis, MO 63145.

Please know that you have to show up for deferred inspection. If you do not, you will be put in removal proceedings.

You are allowed to bring a lawyer with you to the deferred inspection if you get permission from the CBP office where you will be inspected. It is important to speak with a lawyer before the inspection date to make sure that you have all of the necessary documents. 

Also, an immigration specialist will be able to tell you what to expect from your deferred inspection appointment and should be able to tell you if you have any reason to be concerned. 

If you have been granted deferred inspection and you would like to talk to an experienced immigration attorney, contact the Hacking Immigration Law, LLC today at 314-961-8200 or by filling out the online contact form. You may also reach us for any concerns about your immigration status, including the necessary documentation for certain cases, and if you need legal representation in immigration court.

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