Going to the World Cup in the United States?
Traveling internationally can be stressful, especially when you arrive in the United States (U.S.) and find yourself pulled into secondary inspection by Customs and Border Protection (CBP). This process, while routine for CBP, can be intimidating, confusing and even anxiety-inducing for travelers. If you are traveling to the U.S. this summer, this article will help you know your rights and how to handle crossing the border calmly and strategically.
What Is Secondary Inspection?
When you enter the U.S., you first go through primary inspection, where CBP officers check your passport, visa and ask general questions. Most travelers pass through this phase quickly; however, if CBP needs more information or has concerns about your travel history, documents, or responses, you may be sent to secondary inspection.
Secondary inspection is a more detailed process that can involve:
• A thorough review of your documents
• In-depth questioning
• Searches of your luggage and electronic devices
• Verification of your immigration status or prior travel
• Biometric checks (fingerprints, photographs)
It’s important to remember that being selected for secondary inspection does not mean you did something wrong. It could be random, or due to common issues like:
• A mismatch in records
• A name similar to someone on a watch list
• Frequent travel to the U.S.
• Prior immigration violations or visa overstays
• A need to verify employment or school enrollment
What You Should Do
1. Stay Calm and Polite
This may seem obvious, but it’s crucial. CBP officers have broad authority at the border and becoming angry or argumentative will only make the situation worse. Answer questions truthfully and respectfully.
2. Know What You’re Carrying
CBP has the right to inspect your belongings, including phones, laptops and other digital devices. They may request access to your social media or email accounts. While you are not legally required to provide passwords, refusing may delay your entry or cause CBP to deny admission. If you’re concerned about privacy, consider leaving your electronics at home.
3. Understand Your Rights
If you are a U.S. citizen, you cannot be denied entry to the country. However, CBP can detain you for questioning. If you're a lawful permanent resident (green card holder) who has not abandoned residence in the U.S., you also have the right to re-enter, but may be subject to more scrutiny if you have past legal or immigration issues. Be very careful about staying outside of the country longer than six months if you are a green card holder. If you have, then we highly advise that you speak to a licensed U.S. immigration attorney before trying to re-enter.
For non-citizens, admission to the U.S. is discretionary. However, you still have the right to:
• Request an interpreter if needed
• Remain silent if you're unsure how to answer
• Ask for an attorney if you're being detained for removal proceedings (though you're not entitled to legal representation during routine inspections)
4. Don’t Sign Anything You Don’t Understand
If CBP believes you are inadmissible, they may offer you the option to withdraw your application for entry. This is a serious decision with long-term consequences. Do not sign any documents without understanding their impact or speaking with a lawyer.
5. Contact an Immigration Attorney Immediately
If you're placed in expedited removal or deferred inspection, or if your visa is cancelled, contact an immigration attorney as soon as possible. Having legal guidance can make a significant difference in protecting your rights and addressing any misunderstandings.
6. Document Your Experience
As soon as you’re able, write down everything you remember about the inspection process, including:
• The names or badge numbers of officers
• The questions asked
• Any documents you signed
• How long you were held
This information can help your attorney evaluate the situation if legal action or follow-up is necessary.
Secondary inspection can be nerve-wracking, but knowing what to expect and how to respond can make a major difference. If you have further questions, please reach out to a licensed U.S. immigration attorney.
Written by: Jaci Ohayon, U.S. Immigration Attorney