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
- Stay calm and respectful.
- 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.