Airport Immigration Check

When you land at a US airport, CBP (Customs and Border Protection) agents will ask questions. Here's what to expect and how your overstay status affects you.

Who checks your status?

CBP agents at immigration control. They have access to:

• • Your passport
• • Your USCIS records (including any past overstay)
• • Your arrival/departure history
• • Your visa status
• • Any deportation orders or re-entry bans

Everything is linked. If you overstayed in 2018, they'll see it. If you're under a re-entry ban, they'll see it immediately.

What questions will they ask?

Standard questions:

• • Where are you coming from?
• • What's the purpose of your visit?
• • How long are you staying?
• • Do you have a return ticket?
• • Where are you staying?
• • Do you have a job lined up?

If you're re-entering after an overstay or on a borderline status, they might ask:

• • When did you last leave the US?
• • Have you ever overstayed a US visa?
• • Do you have a waiver or letter from USCIS?

What happens if you have an overstay on record?

If you're re-entering with a valid visa or status

CBP will see the overstay history, but if you have valid status and no re-entry ban, they'll usually let you in. They may:

• • Ask you why you overstayed last time
• • Make a note in your file
• • Require a return ticket or proof of funds
• • Reduce the number of days they grant you to stay

If you're under a re-entry ban

CBP will see the re-entry ban immediately. They will:

• • Deny you entry
• • Put you in a secondary inspection room
• • Ask you to call a lawyer
• • Send you back on the next flight to your point of departure

There is no flexibility here. A re-entry ban is absolute.

What if CBP discovers you're overstaying right now?

If you're currently in unlawful presence (you're past your I-94 date with no extension filed), and you try to leave the US, CBP at the airport will:

• • Check your I-94 date when you scan your passport
• • Discover you're overstayed
• • Formally record the overstay
• • Let you leave (they don't usually detain you at departure)

Once you leave with an overstay on your record, the re-entry ban clock starts (180 days, 365 days, etc.). You can't come back without a waiver.

Can you talk your way out of a re-entry ban?

No. CBP agents have no discretion. A re-entry ban is a law. They'll deny you entry, no matter what you say.

Your only options are:

• • File an I-601 waiver (if you have family in the US)
• • Wait until the ban expires (3 or 10 years)
• • Don't try to enter

What about connections through US airports?

If you're just transiting through the US (eg: flying from Mexico to Canada with a connection in Houston), you still have to clear immigration.

If you have a re-entry ban, you can't even transit through the US. CBP will deny you entry at the first airport.

Plan international flights that avoid the US entirely.

What if you're a dual citizen?

If you're a US citizen and also a citizen of another country, the re-entry ban doesn't apply to you. You can re-enter using your US passport.

But if you're only a foreign national, the ban applies.

Bottom line

CBP has complete records. Be honest with them. If you know you're under a re-entry ban, don't try to enter the US. If you're unsure of your status, check your USCIS record before traveling, and talk to an attorney.