Immigration Checks: Mandatory At All Us Airports?

When arriving at a U.S. airport from abroad, you will pass through a port of entry to officially and lawfully enter the country. All arrivals at a port of entry to the U.S. are subject to inspection by Customs and Border Protection (CBP) officers. This includes both U.S. citizens and foreign nationals. For foreign nationals, this is a two-part process: first, an immigration checkpoint, and second, a U.S. customs checkpoint. At the immigration checkpoint, foreign nationals must establish their admissibility to the U.S. and prove they have the proper visa or immigration status to enter the country.

Preclearance is a process that allows travellers to undergo immigration and customs inspections by CBP officers before boarding their transportation to the United States. Preclearance applies to all passengers, regardless of nationality or purpose of travel. Upon arrival, precleared passengers arrive in the U.S. as domestic travellers. Preclearance facilities are available at 14 airports in six countries: Ireland, Aruba, Bermuda, the United Arab Emirates, the Bahamas, and Canada.

Foreign nationals must establish their admissibility to the US and prove they have the proper visa or immigration status

Foreign nationals must go through a two-part process when arriving at a U.S. airport from abroad. They must pass through an immigration checkpoint and a U.S. customs checkpoint.

At the immigration checkpoint, foreign nationals must establish their admissibility to the U.S. and prove they have the proper visa or immigration status to enter the country. During the immigration inspection, they will be required to show their passport and valid visa to a Customs and Border Protection (CBP) officer, who will enter their biographic information into CBP's electronic tracking system and stamp their passport to indicate lawful entry.

The CBP now gathers all foreign nationals' travel records (also known as Form I-94 Arrival/Departure Record) electronically. Foreign nationals can access their most recent and any past Form I-94s online at CBP's official I-94 site.

As part of the inspection, the foreign national must:

• Present any and all required documentation, including fingerprints, photographs, other biometric identifiers, documentation of status in the U.S., and any other requested evidence to determine their identity and admissibility.
• Establish that they are not subject to removal under immigration laws, executive orders, or presidential proclamations.

Upon inspection, the CBP officer at the port of entry will typically decide one of the following outcomes for the foreign national:

• Admit them.
• Parole them.
• Allow them to withdraw their application for admission and depart from the U.S. immediately.
• Deny them admission into the U.S.
• Defer the inspection to a later time at the same or another CBP office or port of entry.

A foreign national is admitted if the following conditions are met:

• The foreign national applied for admission as an "alien" at a port of entry.
• An immigration officer inspected the applicant for admission as an "alien" and authorized them to enter the U.S. in accordance with the procedures for admission.

A foreign national who meets these two requirements is admitted, even if they obtained admission by fraud. Likewise, the foreign national is admitted even if the CBP officer performed a cursory inspection.

As long as the foreign national meets the procedural requirements for admission, they meet the "inspected and admitted" requirement for adjustment of status. Any type of admission can meet the "inspected and admitted" requirement, including, but not limited to, admission as a nonimmigrant, an immigrant, or a refugee.

However, if a foreign national makes a false claim to U.S. citizenship or nationality at the port of entry, and an immigration officer permits them to enter the U.S., they are not considered to have been inspected and are therefore not admitted. A U.S. citizen arriving at a port of entry is not subject to inspection; therefore, a foreign national who makes a false claim to U.S. citizenship is considered to have entered without inspection.

Similarly, a foreign national who entered the U.S. after falsely claiming to be a returning Lawful Permanent Resident (LPR) is not considered to have been procedurally inspected and admitted because a returning LPR is generally not an applicant for admission unless specific factors apply.

Evidence of admission typically includes an Arrival/Departure Record (Form I-94), which can be verified using DHS systems. Other types of documentation that may be accepted as proof of admission into the U.S. include:

• An admission stamp in the passport.
• An Employment Authorization Card (Form I-688A) for special agricultural worker applicants, provided it was valid during the last claimed date of entry on the adjustment application.
• A Temporary Resident Card (Form I-688) for special agricultural workers or legalization applicants granted temporary residence, provided it was valid during the last claimed date of entry on the adjustment application.
• A Border Crossing Card (Form I-586 or Form DSP-150), provided it was valid on the date of the last claimed entry.

In certain situations, an applicant should submit alternate evidence

Customs and Border Protection (CBP) officers inspect travellers' passports and visas

Customs and Border Protection (CBP) officers are responsible for inspecting travellers' passports and visas. This process is known as "preclearance" and involves CBP officers stationed at designated foreign airports inspecting travellers before they board US-bound flights. This process aims to streamline border procedures, reduce congestion at US ports of entry, and facilitate travel to airports that lack immigration and customs processing facilities for commercial flights.

During the immigration inspection, foreign nationals must establish their admissibility to the US and prove they have the proper visa or immigration status to enter the country. They are required to show their passport and valid visa to a CBP officer, who will enter their biographic information into CBP's electronic tracking system and stamp their passport to indicate lawful entry into the US. CBP officers may also ask questions about the traveller's personal background, including citizenship or immigration status, purpose of travel, duration of stay, and any personal items being brought into the country.

In addition to the immigration inspection, travellers may be subject to a customs inspection by CBP officers. This may include an additional interview about the traveller's plans and the items they intend to bring into the US. CBP officers have the authority to search travellers and their baggage during this process. It is important for travellers to be truthful and cooperative during the inspection process, as CBP officers are authorised to deny entry or remove individuals from flights if they do not meet the requirements for admission to the US.

The preclearance process allows travellers who have been inspected by CBP officers to bypass additional CBP and Transportation Security Administration (TSA) inspections upon arrival in the US and proceed directly to their connecting flight or final destination. This can save time and reduce the risk of missing domestic connections. However, travellers should be aware that they may still be subject to re-inspection at the discretion of CBP officers upon arrival in the US.

The customs process may include an additional interview with a CBP officer

During the interview, the CBP officer may ask you to provide the following information:

• Purpose of travel to America
• Length of stay in the US
• Where you plan to stay in the US
• How often you travel to America
• Your primary job or occupation
• How you will support your travel in the US
• Your next destination after the US
• If you have a return flight ticket to your home country from the US
• If you plan to work during your travel in the US
• A list of countries you have recently travelled to
• If you have anything to declare that you are bringing to America

If the CBP officer is not convinced with your answers or senses something is wrong, you may be subject to additional screening, called a secondary inspection. During this process, they may check all your belongings and ask more in-depth questions. They can ask to see your electronic devices and ask you to open any apps and share details as needed. The secondary inspection can take anywhere from an hour to a few hours.

It is important to note that a US Visa does not grant you automatic entry into the US. It is the traveller's responsibility to convince the CBP officer by answering their questions properly and convincing them to allow entry into the US. If the CBP officer is not convinced, they may deny entry and send the traveller back to their home country.

CBP officers are authorised to ask travellers questions about their travel plans and personal background

Customs and Border Protection (CBP) officers are authorised to ask travellers questions about their travel plans and personal background. This is a standard procedure for all foreign nationals arriving at a U.S. airport from abroad. Travellers will first pass through an immigration checkpoint, where they must establish their admissibility to the U.S. and prove they have the proper visa or immigration status to enter the country. They will be required to show their passport and valid visa to a CBP officer, who will enter their biographic information into the CBP's electronic tracking system and stamp their passport.

After the immigration checkpoint, travellers will then pass through U.S. customs, which may include an additional interview with a CBP officer. CBP officers are authorised to ask travellers questions about their travel plans, including the purpose and duration of their trip, as well as their personal background, such as their citizenship or immigration status, occupation, and financial status. Travellers may also be asked about any personal items they are bringing into the country. It is important to answer these questions truthfully and thoroughly and to comply with any additional requests made by the CBP officer.

The CBP inspection process aims to ensure compliance with immigration, customs, and agriculture regulations. It is designed to streamline border procedures, reduce congestion at American ports of entry, and facilitate travel into airports that may not have the necessary facilities to process international travellers.

Immigration checkpoints are handled separately from customs

Immigration checkpoints and customs are handled separately at US airports. For foreign nationals, arriving at a US airport is a two-part process: first, passing through an immigration checkpoint, and second, passing through a US customs checkpoint.

At the immigration checkpoint, foreign nationals must establish their admissibility to the US and prove they have the proper visa or immigration status to enter the country. During the immigration inspection, you will be required to show your passport and valid visa to a Customs and Border Protection (CBP) officer, who will enter your biographic information into CBP’s electronic tracking system and stamp your passport to indicate that you entered the US lawfully.

After the immigration checkpoint, the second step in the process is to pass through US customs. Overall, the customs process may take longer than the immigration checkpoint and may include an additional interview with a CBP officer about your travels and what items you intend to bring into the US. It is recommended that you familiarize yourself with what you are allowed and not allowed to bring into the country. CBP restricts certain types of items that are deemed threats to community health and public safety.

At US airports, the CBP inspection process includes the following steps:

• Gather the necessary travel documents prior to boarding your flight (this includes your passport, valid visa to enter the US, or Electronic System for Travel Authorization (ESTA) information, if eligible for the Visa Waiver Program).
• Complete the CBP Declaration Form 6059B on board the airplane.
• Arrive in the US and pass through an immigration checkpoint (if applicable).
• Pick up baggage from the baggage carousel (if applicable).
• Show your declaration form to a CBP officer and answer any additional questions (baggage may be inspected).
• Pay duty (if applicable).
• Proceed through the final CBP checkpoint and enter the US.

Frequently asked questions