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I'm a British citizen holding an L1 visa, currently employed in the US.

I may need to travel internationally soon. I am concerned about re-entry to the US at the end of this travel (I may be away for up to 6 months).

I believe the rules currently state that I am permitted to enter (provided I have not been in certain countries in the preceding 14 days). However, I am also aware that L1 (and other visa types) are currently not being issued and I could run into difficulty if the officer on the day is in a bad mood.

Should the officer decide to deny entry, what would be the options presented to me for appeal and how quickly would the process take place?

Edit: To clarify - There's no reason for me to believe that I'm any more or less likely to be denied entry than an average Brit. Prior to COVID and the presidential proclamations, I was a regular international traveler with Global Entry. I may well be worried about nothing, but forewarned is forearmed and that is the purpose of this question.

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  • 1
    Rule #1 in such cases is: do not travel. If you suspect a border entry rejection is likely, it's best to stay in the US.
    – JonathanReez
    Commented Sep 22, 2020 at 16:57
  • @JonathanReez I made an edit to clarify the reason for asking my question. I honestly don't think it's likely, but I think the probability of being rejected has increased due to COVID.
    – user113532
    Commented Sep 22, 2020 at 17:06
  • Does this help? justlanded.com/english/United-States/Articles/Moving/…
    – Traveller
    Commented Sep 22, 2020 at 17:09
  • 3
    Visas of any kind (including the L1) do NOT give you the right to be admitted, and there is little you can do if denied entry. Basically, you can apply for a visa again and hope to get a review of the denial, but chances are you get automatically denied again. There is no certaincy, and no legal way to force the US to admit you.
    – Aganju
    Commented Sep 22, 2020 at 17:31
  • 1
    @Aganju I believe that's incorrect. A traveler who isn't using the VWP can insist on being brought before an immigration judge. Of course, that might mean a few days in immigration detention.
    – phoog
    Commented Sep 26, 2020 at 4:15

1 Answer 1

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Below is the best I could figure out online by looking at relevant laws. The vast majority of online resources assume that only asylum seekers will ever appeal the decision of the immigration officer and don't discuss what happens in other situations.


Question 1: Are you traveling on VWP or another type of visa?

According to 8 U.S.C. §1187(b):

(b) Waiver of rights

An alien may not be provided a waiver under the program unless the alien has waived any right—

(1) to review or appeal under this chapter of an immigration officer's determination as to the admissibility of the alien at the port of entry into the United States, or

(2) to contest, other than on the basis of an application for asylum, any action for removal of the alien.

So unless you're applying for asylum, you cannot appeal a rejection when traveling through the Visa Waiver Program. Other visa types have broader appeal rights.

Question 2: Were you placed in Expedited Removal?

As per DHS Notice No. DHS-2019-0036:

Under section 235(b)(1) of the INA, 8 U.S.C. 1225(b)(1), DHS may remove, without a hearing before an immigration judge, certain aliens arriving in the United States at a port of entry, and certain other aliens (as designated by the Secretary of Homeland Security) who are inadmissible under sections 212(a)(6)(C) or 212(a)(7) of the INA, 8 U.S.C. 1182(a)(6)(C) or 1182(a)(7).

Sections 212(a)(6)(C) and 212(a)(7) of the INA designate aliens as inadmissible if they lack valid documents necessary for admission, or if they have ever fraudulently or willfully misrepresented a material fact to acquire admission to the United States, including falsely claiming to be a U.S. citizen, or to procure a visa or other immigration-related documentation.

If you are removed due to fraud, misrepresentation, or lacking required documents for entry, you will be subject to expedited removal. This process limits your appeal rights to asylum requests only. The key issue here is that expedited removal decisions are final and cannot be appealed unless you claim to be an asylum seeker. As a result, if a CBP officer unfairly determines that you are inadmissible under "misrepresentation," you would have no formal way to contest that decision.

If you're not on VWP and weren't placed in Expedited Removal, you can file an appeal

According to 8 USC §1225(b)(2):

(2) Inspection of other aliens
(A) In general

Subject to subparagraphs (B) and (C), in the case of an alien who is an applicant for admission, if the examining immigration officer determines that an alien seeking admission is not clearly and beyond a doubt entitled to be admitted, the alien shall be detained for a proceeding under section 1229a of this title.

(B) Exception

Subparagraph (A) shall not apply to an alien— (i) who is a crewman, (ii) to whom paragraph (1) applies, or (iii) who is a stowaway.

Paragraph (1) refers to Expedited Removals. If you weren't classified as eligible for the Expedited procedure, you'll be eligible for the procedure in §1229a. How this works in practice is very hard to figure out. There are few explanations or stories online, and neither INS, USCIS, nor CBP discuss how it works for people who don't claim to be asylum seekers.

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  • It's not that only asylum seekers appeal, it's the other way around. As you note at several points during your answer, seeking asylum is pretty much the only somewhat effective way to fend off removal and keep the appeal alive so even people who are not refugees end up using that.
    – Relaxed
    Commented Dec 4 at 9:06
  • @Relaxed sure but if you’re not actually planning to claim asylum, I’d much rather ask to withdraw my application to enter, because otherwise you might get to enter but you’re probably going to be defacto banned for many years if you leave and then try to come back. With a non-asylum appeal you’d presumably have a chance to have an immigration judge overrule CBP and keep your good standing in the eyes of the law.
    – JonathanReez
    Commented Dec 4 at 9:10
  • That's not realistic for most people. The asylum route may be arduous but the chances to get in through any other route are very low and once you're out, many other things are much more difficult. Also, you might have strong reasons not to want to go back even if you are not technically a refugee. Everything we have invented to make this route more dangerous or unpleasant doesn't amount to much if there are no viable alternatives.
    – Relaxed
    Commented Dec 4 at 11:15
  • That's just the reality we live in and one of the reasons for the stress on the asylum system. Of course, if getting a work visa was quick and easy (without being a super-qualified well-paid IT specialist), there would be a lot fewer people overstaying visitor or student visas or applying to be recognized as refugees when they are facing enforcement.
    – Relaxed
    Commented Dec 4 at 11:18
  • Same thing for applications at the border: If there was a decent chance to get asylum through a visa application (people like to pretend this is the “proper” route but that's a fiction or refugee resettlement programs, there wouldn't be that many people trying it.
    – Relaxed
    Commented Dec 4 at 11:19

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