Deferred inspection is a procedure in immigration enforcement in the United States for Arriving Aliens. Here, the final decision on whether to admit the Arriving Alien, instead of being conducted at the port of entry where the alien arrived, is deferred to be carried out later at a deferred inspection site, while the alien is paroled into the United States. The guidelines followed at the deferred inspection site are largely the same as those followed by the officers at the port of entry, and are described in the U.S. Customs and Border Protection's Inspector's Field Manual. Aliens do not accrue unlawful presence between the time of arrival and the date of deferred inspection, but they do begin to accrue unlawful presence after their parole ends, if they are not successfully admitted at the deferred inspection site by then. Note that the officers at both the port of entry and the deferred inspection site are part of the CBP Office of Field Operations.
Deferred inspection is used in cases where the officer at the port of entry (such as an airport or a sea port) has doubts about the arriving alien's admissibility to the United States, and believes these doubts cannot be satisfactorily resolved at the port of entry but can be resolved through one or more of these:
Deferred inspection should not be used merely with the goal of transferring a difficult case to another office, but rather should be accompanied by clear reasons for deferral. Moreover, the option is generally intended for use only in cases where it is believed that the case is likely to be resolved in the alien's favor, and not in cases where the alien is likely to be established inadmissible.
The officer at the port of entry should consider the following when making a decision to defer inspection:
Common reasons for deferred inspection include situations where a Lawful Permanent Resident is believed to have been outside the United States for over 180 days, or cases where the alien is believed to have committed a crime that makes the alien inadmissible or removable.
The following procedures are followed for deferred inspection:
The alien needs to work to acquire all the relevant documentation that needs to be presented to demonstrate admissibility, to show at the onward office.
On CBP's side, the port of entry forwards the alien's file, including a copy of the Form I-546, to the onward office. The onward office may need to do additional processing to evaluate te alien's admissibility.