What is the practical consequence of being denied entry into the US for a layover?
Suppose, hypothetically, that I'm on my way home from a vacation in Mexico or Canada, on an itinerary that involves a change of planes in the United States for a flight towards my home country. I have sufficient documentation (visa or ESTA) to be allowed to board the flight towards the US, but for whichever reason, on arrival the border guards refuse to let me in.
What happens then? Since I already have an onward ticket for a flight home and they want me gone, will I just be detained until I can be put on that plane -- or would they insist on deporting me back to Mexico where I arrived from?
Would it be different if this happened on my outward journey, where the onward ticket I hold is not towards my home country?
Best Answer
I couldn't find any information about denying entry for transit visa holders (whether official, semi-official, anecdotes, etc.) Many sources indicate that it's quite rare to be denied entry to the US. According to this official summary (as of March, 2016) Out of more than 1 million visitors/day, only 367 visitors are denied entry and deemed inadmissible, that's like 0.03%. There's no mention of specific visa types.
Anyway, continuing my research about this, I found the term that CBP use in such cases, it's called "Expedited Removal". The expedited removal is basically what happens to a people who are denied entry at an airport or any point of entry. All official documents mention "removal" of the person from the US, none of them mentions anything about where to. Hence, I think it's safe to assume that you will be escorted to your next flight in your itinerary, as long as it's "leaving" the US soil.
Most of these expedited removals apply to people who are found to be breaking visa rules, that's quite hard to apply for people transiting through the US. The anecdotes speak of people who are found to be making money in the US (eg. working illegally while on B visa).
Also, the CBP officer may offer you another option beside "Expedited Removal", which is withdrawing your admission request, and then choosing to leave the US voluntarily. This will have less legal consequences, especially when it comes to the period in which you will be prohibited from entering the US, which is 5 years in case of expedite removals.
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What happens when you are denied entry to the US at the airport?
Many foreign travelers are denied entry to the US at airport terminals every day. When you get to the airline counter, three things could happen: They apply your return ticket to your flight back. They add a fee to change your return flight date.Why can you be denied entry to the US?
If you are a non-citizen visa holder or visitor, you may be denied entry into the United States if you refuse to answer officers' questions. Officers may not select you for questioning based on your religion, race, national origin, gender, ethnicity, or political beliefs.Can a US citizen be denied entry back into the USA?
Once disembarked from the plane, you will have to go through an officer that will ask for your travel documents and your visa. If they determine that you are not honest or that you have violated your visa terms, they are entitled to revoke or cancel your visa, and to deny your entry into the United States.Can a Canadian citizen be denied entry to US?
Criminal Inadmissibility - If you have ever been convicted of a crime in Canada or abroad, even if it was 20+ years ago, you risk being denied entry to USA. This is one of the most common reasons for Canadian travellers to be given a notice of refusal at the border (and sometimes even detained).WHAT HAPPENS When You’re DENIED ENTRY TO THE US at the AIRPORT or PORT OF ENTRY | Immigration Lawyer
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