Deferred Inspection Policy
Posted Apr 01, 2003

In light of increased security concerns and higher levels of enforcement, MurthyBulletin and MurthyDotCom readers have expressed concerns regarding policies and procedures used at Ports of Entry (POE). Deferred inspection, explained here, is a possible outcome when an individual arrives in the U.S. and applies to enter. The current policy and procedures were updated on May 18, 2002.

Upon arrival to the U.S., a foreign national undergoes "inspection" by the POE officer (also known as an Inspector) to determine (a) whether s/he 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. The basic structure of the inspections process is described in our March 11, 2001 article entitled An Inside View of the Port of Entry Inspection Process. 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 POE can, when appropriate, grant deferred inspection.

Deferred inspection is used when POE officers cannot make a decision based on the documentation available at the POE. The guidelines specifically state that it is only to be used when the POE officer has reason to believe that the case will be resolved in the applicant’s favor if the INS has a chance to review additional evidence or a preexisting INS file. In granting deferred inspection, the INS 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 INS office having jurisdiction over the location of the applicant's stay.

The POE must also consider whether the person poses a flight or security risk. The officer must check a series of databases, including the Interagency Border Inspection System (IBIS), the National Crime Information Center (NCIC), and the National Automated Immigration Lookout System (NAILS), to determine whether the person should be granted deferred inspection. If there is a security or flight risk, the individual is either placed in removal (formerly deportation) proceedings or allowed to withdraw the request for admission to the U.S. and depart on the next available flight. Only certain senior level officials can authorize the grant of parole for deferred inspection. This policy was discussed in our December 14, 2001 article, Travel Advisory : Beware at POE & Revalidation Safe Alternative.

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 INS office or, sometimes, back at the POE. 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.

Prior to the appearance, the INS local office is to have received and reviewed all the paperwork and any pre-existing INS file. If the applicant is found to be admissible to the U.S., s/he will receive an I-94. It is vital that one given deferred inspection appear when and where directed. Failure to do so will result in her/his being placed in removal (formerly deportation) proceedings. There are also possible criminal charges that may be pursued, depending upon the case.

Persons in these proceedings are not entitled to representation by an attorney. However, at times an attorney is allowed to be present in the role of observer and consultant to the applicant for admission. Additionally, an attorney can assist and advise the applicant prior to the deferred inspection procedure.