Deferred Inspection

Upon arrival to the U.S., a foreign national undergoes "inspection" by the CBP Officer/Border Inspector to determine (a) whether the applicant should be allowed entry to the U.S.; (b) the proper category of admission; and (c) the proper length of stay. There are primary, secondary, and deferred inspections. Primary inspections are familiar to any foreign national who has entered the U.S. All foreign nationals entering through designated ports of entry must go through the first level of inspection. If more information is needed in order to determine the applicant's eligibility, then secondary inspection takes place. The secondary inspections involve more detailed questions and investigation prior to determining eligibility for entrance. If the issues cannot be resolved at that point, the Officer can, when appropriate, grant deferred inspection.

Deferred inspection is used when CBP officers cannot make a decision based on the documentation available. The guidelines specifically state that it is only to be used when the CBP officer has reason to believe that the case will be resolved in the applicant’s favor if the USCIS has a chance to review additional evidence or a preexisting USCIS file. In granting deferred inspection, the USCIS must consider a series of additional factors, including the likelihood the person will be able to obtain the missing documents; that good-faith efforts were made to obtain the documents prior to seeking entry; the person's age, health, and family ties; humanitarian considerations; and the nature of the potential inadmissibility (i.e. criminal history, previous immigration violations, etc.). If granted, the case is sent to the local USCIS office having jurisdiction over the location of the applicant's stay.

In the deferred inspection procedure, one is granted “parole” to enter the U.S., as opposed to being admitted in an immigrant or non-immigrant category. The I-94 (Arrival/Departure Record) is stamped with a parole stamp and endorsed to show deferred inspection. The stamp will also contain the deference date of the inspection. The allowable period is only 30 days or less. The person will receive an appointment time to appear for deferred inspection at the local USCIS office or, sometimes, back at the CBP. One who is given deferred inspection receives a Form I-546 (Order to Appear for Deferred Inspection) and will be fingerprinted and photographed, as well.