FACTS ABOUT CBP OFFICERS (US Immigration officers at airports and ports of entry):

• They are not Attorneys
• They are not here to provide you with legal guidance
• They are protecting the US borders to safeguard all who are inside the States
• Their role is extremely important for Americans safety
• They have vast and broad powers, and this was granted under an Executive Order under President Trump
• You do not have a right to enter the United States, it is a privilege

CBP Powers:

Customs and Border Protection (CBP) officers are immigration officials at all ports of entry into the United States, such as an airport.  These officers have a critical and paramount role in defending the US borders for the safety of all living inside the United States.  Therefore, CBP officers have broad powers granted to them under executive powers President Trump.  They can deny your entry to the States, and their adjudications are tough and rigid.  CBP inspections protect the United States and everyone living in the U.S.

What must I prove to CBP:

The legal burden is on you, not the airport/CBP officer to prove you are credible and telling the truth.  If you answered a question falsely or incorrectly when filling out your ESTA (Electronic System for Travel Authorization) or your DS-160 online form with the Consulate/Embassy, then CBP will use your misinformation and deny your entry to the United States; and may allege misrepresentation and/or fraud which is a very inflexible burden to overcome.  You will need to speak to our office if you have ever been denied entry and/or a visa under a misrepresentation ground – regardless of how minor the allegation seems.  We are dealing with clients who many years ago may have stated something incorrectly and it takes years with a lot of expense and frustration before they can resolve their immigration.  This is why it is so important to speak with Caro before you submit immigration forms or speak to immigration officials.

Secondary CBP Inspection, what is this:

Imagine this scenario – we hear clients relay their similar experiences to us:

CBP officers start off asking you simple questions and then another question and now they want to see your phone and read all your texts and emails which they have the right to do.  Secondary Inspection means something is flagged on your case, and now a CBP officer must interview you in an area where your loved ones cannot enter with you, and you will be questioned at length; this may be for several hours.   Some clients tell us it was like an interrogation and that is because it is CBP is there to protect the US borders.  CBP officers will take you to go to a back room, they will question you for hours if necessary.  Several officers, not just one, may question you.

You have already missed your flight; you are tired in shock and completely unprepared for what happened with Custom border Immigration officers.  NOTE: Before this happens to you, speak to Caro and she will go through you case whether you were previously arrested, convicted, lied about something on a form, a joke was found on your phone that an officer misconstrues as serious, information on your electronic devices that will cause issues for you, something you are concerned about from your past…the list goes on.  Speak to her, know your rights, we also have audios to guide you on what to do should you be questioned by CBP.

What is an I-877 sworn statement from CBP:

CBP will issue I-877 form If you wish to enter the United States and Customs Border Protection (CBP) questions you further, also known as secondary inspection.

A sworn statement never goes away. It is used by immigration as evidence against you. At the end of the sworn statement, the officer will explain the reasons why you’ve been denied. You will sign the sworn statement, and this statement is the grounds for which you have been denied entry into the United States.

This sworn statement will be used against you as evidence, for what you said to the immigration officer (remember when you were exhausted at the airport and missed your flight etc.).  When you go the consulate or if you try to get your ESTA, visa waiver reinstated by CBP, and even with USCIS; it is a written sworn statement.  It will cause issues for you in obtaining visas at the US Embassy.

Anything you say to CBP and recorded in this statement, will be used against you. For example, if the officer asks you have you ever smoked marijuana/weed/THC/pot/dope/skunk/kif, and you say yes because it was legal in the state that you smoked it in; or it was legal in the country that you smoked it in.  For immigration purposes, your yes answer, it will be deemed unlawful and illegal. The officer will deny your entry into the United States, deeming you to be inadmissible on the basis of your admission of your legal consumption of marijuana.  Because under US Immigration Laws, which follows federal laws, marijuana use even where legalized in certain US states is still illegal.

The officers during this interview will use all information on your phone and your electronic devices, and you will be questioned at length. Words such as “work” will trigger problems for you. In our office, we have seen even jokes on phones cause issues and denials.

The officer will ask you many questions.  Sometimes these forms can be in excess of nine pages, and everything you answer will and is going to be used against you moving forward with your immigration. When you go to the consulate for your visa on the assumption that CBP has denied your entry, the consular officer at the consulate will have reviewed the sworn statement and they typically will make their adjudication for your visa based on this sworn statement.  We hear clients that tell us when they go to the US Embassy the officer was looking at this sworn statement and discussing with them in detail.

The jurisdiction of the sworn statement, the I-877, is under CBP.  CBP is not under the US Embassy or consulate’s jurisdiction. Therefore, if the CBP officer denies your entry, then the only way to remedy it, except for very rare occasions, would be to get a visa at the consulate. You should not go to the consulate unless you have spoken to our office, as we see many clients where their admission has been denied by CBP. They may or may not have a sworn statement, and they then go to the consulate, which also denies them.  Now they have no ESTA and no visa!

CBP holds the authority to deny your entry to America, even if you have a valid visa issued by the consulate.  We deal with many clients devasted and confused that CBP revoked, cancelled their visa issued and approved by the consulate.

Don’t lose hope – don’t stress out – we are here to help you. There is a solution. We specialize in assisting individuals facing CBP or airport entry issues whether you are denied entry or have your visa revoked/canceled. Caro has assisted many clients over the past 15 years successfully enter the USA and overcome challenges they have faced at airports. Whatever airport you are stopped at whether that is inside the States or if outside going through preclearance inspection (Shannon, Dublin airports etc.) we can assist you.

These are some of the services Caro provides for clients facing airport entry issues are:

Airport Entry Preparation PREP Sessions:

For green cards, visas (work and family), business and tourist visas, ESTA denied etc.  we offer expert immigration guidance on preparing and entering the USA through the airport and other ports of entry. By ensuring a thorough understanding of required documents required, Caro will instill confidence, making CBP inspection less stressful for you. Her knowledge will shed light on the reasoning behind CBP’s questions, making sure you understand the process and why the officer is asking the questions they are.

Pre-Clearance specifically from Ireland (Dublin and Shannon), the Bahamas:

CBP officers at these airports and the other 10 + airports worldwide that permit preclearance, will interview you to determine whether they will admit you into the States.   You will be denied entry at these countries, you will not even be permitted to board the flight.   If the immigration official says no to your entry, then you won’t be permitted to enter the United States.

ESTA, Visa waivers (permitting you to enter the States for up to 90 days):

If you ESTA is denied, then the only way to re-enter the States is under a visa issued at the consulate (only rarely will CBP reissue a revoked ESTA).  Do not show up at the airport under an ESTA not prepared.  The hassle and time to then obtain a visa to enter will cause further stress that may be avoided by speaking to Caro before you show up at an airport requesting admission to enter the United States.

Global Entry Denial Resolution:

For clients who have been denied entry at an airport by CBP, Caro uses her relationships with the immigration authorities. Remember: Even though you have a valid visa approved by the US Consulate, CBP can deny your entry and cancel this visa.  Caro will look into your case, figure out what went wrong, and communicate with CBP and/or the US Consulate/US Embassy directly so you don’t have to. By doing so, Caro makes sure that you don’t have to go through the hassle of directly communicating with them

Post- Entry Legal support:

After successfully, entering into USA, Caro continues to provide legal support by guiding clients on post-entry requirements and monitoring compliance on your Visa conditions.  It is critically important the officer stamps your US admission entry correctly.  For example, if you are stamped as a B-2, tourist and you are entering to do business activities, then this may cause issues for you.  Remember officers are busy and they may inadvertently state your US admission incorrectly.  Whenever our clients travel in and out of the States they will communicate with Caro, and she will advise whether she feels the travel will be ok and what documents to take with you when travelling.

Deferred Inspection: 

There are approximately 70+ of these deferred inspection sites situated inside the States; typically, they are close to US airports.  When an CBP officer either inside or outside the States cannot make an immediate adjudication about your immigration status you will be requested to attend a deferred inspection interview.  Never attend this interview without speaking to us.  There is an issue with your case and now the deferred inspection officer has to determine can you remain inside the States.  These officers have broad powers.  Know your rights before speaking with an Immigration officer at one of these deferred inspections sites.