CBP Detention

CBP Detention Lawyer: What to Do If You’re Detained by US Customs and Border Protection

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Being detained by US Customs and Border Protection (CBP) at the airport or border can be terrifying, especially if your visa is canceled or you’re refused entry. You may be questioned for hours, have your phone searched, or even face expedited removal. If this happens, we can help you respond quickly, communicate with DHS and CBP officers, and protect your right to enter or reapply for a US visa.

What Is CBP Detention?

CBP detention occurs when an immigration officer refers a traveler for secondary inspection at a US port of entry. This usually happens when CBP suspects:

  • Misrepresentation or fraud (INA §212(a)(6)(C)(i))
  • Overstay or violation of visa terms (INA §212(a)(9)(B))
  • Unauthorized work while on a visitor or student visa
  • Security or background flags (INA §212(a)(3)(A)(i),INA §212(a)(3)(A)(ii),INA §212(a)(3)(A)(iii),INA §212(a)(3)(B)
  • Previous immigration or criminal issues (INA §212(a)(2)(A)(i)(I),INA §212(a)(C)(i),INA §212(a)(2)(C)(ii)

During detention, CBP can cancel your visa, deny entry, or issue an expedited removal order under INA §235(b)(1).

What Happens During CBP Secondary Inspection?

CBP officers may:

  • Review your phone, laptop, or social media accounts
  • Interrogate you about your purpose of travel or past visits
  • Pressure you to sign a withdrawal of application for admission or a Form I-860 (Expedited Removal)
  • Cancel your visa with a “CANCELLED WITHOUT PREJUDICE” stamp

Can a CBP Detention Lawyer Help If I’m Still at the Airport?

Yes but time is critical. Our law firm can:

  • Contact the CBP inspection office or duty supervisor
  • Advocate for your release or withdrawal instead of removal
  • Prevent signing documents that admit wrongdoing
  • Arrange for a legal briefing to clarify the issue
  • Protect your eligibility for future U.S. visas

Even if you’ve already been removed, we can still help you reenter legally through waivers or new visa filings.

Common Situations Where CBP Detains Travelers

  • Visa canceled after questioning (especially B1/B2 or F1)
  • Working or volunteering without authorization
  • Returning after overstaying a previous visit
  • ESTA travelers flagged for prior denials or long stays
  • Students on F-1 or J-1 questioned about employment
  • Social media posts suggesting intent to immigrate

In these cases, CBP may accuse you of immigrant intent or misrepresentation, leading to inadmissibility under INA §212(a)(6)(C)(i).

What to Do If CBP Detains You

  1. Stay calm and respectful.
  2. Call us immediately at (305) 515-0613.
    We handle emergency CBP detention cases nationwide even after hours.

FAQ: CBP Detention and Visa Cancellations

Q1. What happens if CBP cancels my visa at the airport?
If CBP cancels your visa, you must return home immediately. However, we can help you reapply or file a waiver to overcome the cancellation.

Q2. What is an expedited removal?
It’s a formal deportation order issued by CBP without a hearing. It can carry a 5 year ban from the US. If a CBP officer mistakenly issued a five year bar against you, we can challenge the determination and have the bar removed. Our firm has successfully achieved this result for many clients in similar situations.

Q3. Can I get a visa again after expedited removal?
Yes, it’s possible. However, if you were also found inadmissible under INA §212(a)(6)(C)(i) (fraud or misrepresentation) or INA §212(a)(6)(E) (alien smuggling), you will need a 212(d)(3) nonimmigrant waiver, another applicable waiver, or to have those inadmissibility findings formally removed from your record before you can obtain a new visa.

If you were deemed inadmissible under INA §212(a)(3)(A)(i), §212(a)(3)(A)(ii), or §212(a)(3)(A)(iii) (security-related grounds), no waivers are available.

However, if these determinations were made in error, which happens more often than people realize, our firm can challenge the finding and work to remove it from your record, helping you regain eligibility for a US visa.

Q4. Can CBP detain a US visa holder overnight?
Yes. CBP can hold travelers in secondary inspection or a local detention facility until they’re placed on a return flight.

Q5. How long does CBP detention last?
Usually a few hours but in complex cases it can last overnight or longer until a supervisor decides your case.

Get Immediate Legal Help Today

We work directly with CBP, the US Department of State, and consular officers to correct records and restore eligibility for entry. If you or someone you know is detained by CBP, refused entry, or had a visa revoked at the airport, contact us right now. Every minute counts fast legal action can change the outcome.

Call (305) 515-0613
Email info@messersmithlaw.com
Same-Day Consultations Available

We have successfully helped travelers released from CBP detention and reentered the US legally even after expedited removal.

CBP Detention: What It Means and How to Get Legal Help Fast

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If your family member, friend, or colleague has been detained by US Customs and Border Protection (CBP) at the airport, border, or seaport, time is critical. CBP detention can lead to expedited removal, visa cancellation, or even long term immigration bans if handled incorrectly. We have helped hundreds of clients protect their immigration future. Below are the most frequently asked questions about CBP detention and how we can help.

What Is CBP Detention?

CBP detention occurs when CBP officers hold a traveler for questioning or secondary inspection upon entry into the United States. During detention, officers review your immigration history, visa validity, and intent of travel. Depending on what they find, you could be:

  • Released and admitted,
  • Refused entry, or
  • Placed in expedited removal proceedings.

Why Do Travelers Get Detained by CBP?

There are many reasons CBP may decide to detain someone, including:

  • Suspected misrepresentation or fraud under INA §212(a)(6)(C)(i)
  • Using the wrong visa type (for example, working on a tourist visa) INA §212(a)(7)(A)(i)(I)
  • Overstays or prior deportation orders INA §212(a)(9)(A),INA §212(a)(9)(B) INA §212(a)(9)(C)
  • Criminal history INA §212(a)(2)(A)(i)(I), INA §212(a)(2)(C)(i), INA §212(a)(2)(C)(ii),
  • Security concerns INA §212(a)(3)(A)(i), INA §212(a)(3)(A)(ii),INA §212(a)(3)(A)(iii), INA §212(a)(3)(B)
  • ESTA refusal or visa revocation 22 CFR § 41.122
  • Inconsistent answers during inspection INA §212(a)(6)(C)(i)
  • False claim to U.S. citizenship INA §212(a)(6)(C)(ii)
  • Alien smuggling INA §212(a)(6)(E)
  • Prostitution INA §212(a)(2)(D)(i)
  • Travel from high-risk or watchlisted countries INA §212(a)(3)(A)(i), INA §212(a)(3)(A)(ii),INA §212(a)(3)(A)(iii),INA §212(a)(3)(B)

Even minor misunderstandings can lead to CBP secondary inspection or detention, so it’s vital to have an experienced immigration lawyer prepare you before you travel or assist you immediately.

How Long Can CBP Detain a Traveler?

CBP detention can last from a few hours to several days, depending on the complexity of your case. If officers suspect a serious violation, they can:

  • Hold you for extended questioning,
  • Cancel your visa,
  • Issue an expedited removal order (Form I-860) Pursuant to section 235(b)(1) of the Immigration and Nationality Act (Act), (8 U.S.C. 1225(b)(1), or
  • Transfer you to ICE custody for longer detention.

What Are Your Rights in CBP Detention?

If you or your loved one is detained by CBP:

  • You have the right to remain silent if questions could lead to self incrimination.
  • You have the right to request an immigration attorney before signing anything.
  • Signing an expedited removal order without understanding it can result in a 5-year or lifetime ban from entering the US.
  • Contact us immediately at 305 515 0613 or email us at info@messersmithlaw.com

What Is Expedited Removal Under CBP Detention?

Under INA §235(b)(1), CBP can summarily deport individuals found to have committed misrepresentation or entered without valid documents.

This is called expedited removal, and it:

  • Does not require a hearing before an immigration judge,
  • Takes effect immediately, and
  • Carries a five-year reentry bar or longer.

With legal help, you may be able to stop expedited removal by proving lawful intent, correcting record errors, or requesting withdrawal of admission under counsel supervision.

How Can an Immigration Lawyer Help in a CBP Detention Case?

Our attorneys act fast to:

  • Locate your detained family member and speak with CBP or ICE directly.
  • Request for immediate release or deferred inspection.
  • Submit supporting documents to resolve discrepancies.
  • Prevent expedited removal or visa cancellation.
  • Arrange humanitarian parole in exceptional circumstances.

We have successfully helped clients detained at JFK, LAX, Miami, Atlanta, DFW, Chicago O’Hare, and U.S.-Mexico border crossings.

What Should I Do If My Family Member Is Detained by CBP?

  1. Stay calm. Do not argue or call CBP repeatedly.
  2. Gather key details: traveler’s full name, date of birth, nationality, flight number, and passport number.
  3. Contact us immediately at 305 515 0613.
  4. Avoid social media posts about the case.
  5. Do not attempt to contact CBP directly. Attorneys can communicate more effectively through official channels.

Can Green Card Holders Be Detained by CBP?

Yes. Even lawful permanent residents (LPRs) can face CBP detention if officers believe they:

  • Stayed outside the US too long (abandonment of residency),
  • Have a criminal record that may trigger INA §212(a)(2)(A)(i) and/or INA §212(a)(2)(C)(i), INA §212(a)(2)(C)(ii) inadmissibility,
  • National security concerns INA §212(a)(3)(A)(i), INA §212(a)(3)(A)(ii),INA §212(a)(3)(A)(iii), INA §212(a)(3)(B),
  • Made false statements on prior immigration forms INA §212(a)(6)(C)(i).
  • Membership in Totalitarian Party INA §212(a)(3)(D)

Our firm regularly helps green card holders fight rescission and preserve permanent resident status.

What Happens After CBP Detention?

After detention, the traveler may be:

  • Ordered to withdraw their application for admission, placed on the next flight home and visa canceled without prejudice,
  • Placed in expedited removal with 5 year ban,
  • Given deferred inspection,
  • Transferred to ICE custody for further review,
  • In the rare situation being admitted.

Legal representation can mean the difference between release and deportation.

We Can Help You or Your Loved One Out of CBP Detention

If someone you know has been detained by CBP, contact us immediately.

We will be able to:

  • Stop expedited removal,
  • Communicate with CBP and ICE,
  • Request immediate release, and
  • Protect your right to enter or remain in the US.

Call us now at 305-515-0613 or email info@messersmithlaw.com for 24/7 emergency assistance.
We handle CBP detention cases nationwide from airports to land borders and have helped countless families reunite and avoid deportation.