Denied Entry and Overstay - Connect Immigration Globally

Denied entry upon arrival in the US at the border? Here's what you need to know.

If you’ve previously worked illegally in the U.S. or are suspected of planning to do so, you may be denied entry by the Department of Homeland Security.

Get a Free Consultation

When you’re detained at a U.S. border or U.S. port of entry and not allowed to enter, it can be very discomforting and frustrating. Denial doesn’t necessarily mean there is never any recourse- the remedies, the waivers, the strategies available to you may still let you attempt once more or deal with the immigration status from now on.

Why You Can Be Denied Entry

The Department of Homeland Security and U.S. Customs and Border Protection also have stringent requirements to gain entry. Among the top reasons tourists are prohibited from entry are:

Incorrect, incomplete, or inconsistent documentation
Discrepancies or differences between travel documents and other identity documents
Contagious medical diseases or failure to obtain required vaccinations
Earlier denial to admit or denial of a visa
Having violated the conditions of an earlier visit to the U.S. (e.g., overstaying)
Lack of finances to finance the stay
Criminal record or previous adjudications
Issues that arise upon background checks
Suspicion or evidence about unauthorized use or a security concern
Work not certified or previous unlawful work within the U.S.

More often than not, denial of admission is also part of inadmissibility: the legal finding that the individual is not permitted to enter the U.S. or stay based on U.S. immigration law.

What You Can Do After a Denial

Denying entry to the U.S. can be an endpoint–but not necessarily. Depending on what is happening to you personally, there can still be ways to legal entry. Here are some of the ways you should consider:

1. Petition to Review or Appeal (When Applicable)

If you were on a visa and not admitted, you can get a review by an immigration judge under limited circumstances- the determination is dependent upon how you attempted to enter. If you were entering under the Visa Waiver Program (VWP) (i.e., without a visa), however, you do not typically have the right to review or to be heard by the courts.

2. Request for Waiver of Inadmissibility

If the reason behind the denial falls within the grounds of “inadmissibility,” most individuals can request a waiver to pardon or overcome these grounds. Waivers vary by the immigration benefit or type of visa you want, and not all grounds can be waived.

Key waiver forms:

I-192 Form (Application for Permit to Reenter the United States):
Non-immigrants who are temporary visitors but who are faced with an inadmissibility problem. It permits prior approval to enter regardless of prior grounds of inadmissibility. The form and instructions recently changed (edition January 2025).

Other Waivers and Remedies:
Under some circumstances, individuals would make use of Form I-601 (for immigrant or some visa benefits) to waive ineligibility more particularly on unlawful presence.

Permission to Reapply (I-212 Form):
If you are deported or expelled and are statutorily prohibited from entering the United States again, you may be required to submit an I-212 to be granted “permission to apply.”.

Understanding Processing Times & What to Expect

Waiver proceedings and reviews are notoriously inconsistent. That’s what new data has to say about critical processes:

For Form I-192, regular adjudication lasts from 6 to 12 months, but could have a quick turnaround time if filed through electronic means or in expedited instances.
CBP insists that the time to process special cases can range from 60 to 90 days once the biometrics are received, but processing times will depend heavily on the specific case.
I-601 waivers on grounds of crime or unlawful presence usually take between 4 to 6 months, but sometimes take more time on more difficult cases.
Canadian Pardon Application: For Canadian filers utilizing Canada-specific entry waiver procedures, the e-filing in the year 2025 has been said to take an average period of between 155 to 170 days.
IR-5: Parent of a US citizen who is at least 21 years old

Tip: Electronically processing (when permitted) is normally faster. Also, full and same-day response to any Requests for Evidence (RFEs) can minimize delay.

Some Special Considerations & Latest Developments

Visa Waiver Program users do not normally have the right to judicial review upon denial.
Certain applications for waiver (such as I-192) do not permit filing by those who want to enter via the VWP.
Overstay and the Accumulation of Unlawful Presence can trigger the commencement of 3-year and 10-year bars- sometimes the permanent bars. For example, where an individual has been illegally present for over one year and subsequently tries to enter the United States without inspection, the individual may be impacted by the "permanent bar."
Where removal or deportation has taken place, an I-212 filing can permit earlier return, but only after the completion of required waiting periods under U.S. immigration law.
Relief or waivers available (e.g., by I-192) sometimes prove to be viable on a limited time frame basis (i.e., five years) until renewal or redetermination.

How We Can Help You

If you received a denial of admission or got "stuck at the border," our immigration team can:
Do a complete review of your history of denial
Find whether you have grounds of inadmissibility
Help with the preparation and filing of your waiver or request
Follow up and help to promptly respond to RFEs or requests

To determine if you are eligible to get the waiver or what’s the next step to take, start with our quick one-minute online exam or contact us toll-free at (add number).

Can You Be Refused US Entrance Despite Having a US Visa?

Yes. Having one doesn’t guarantee you’ll get to come in. U.S. Customs and Border Protection agents may deny entry if they find you to be inadmissible, even with a legitimate visa. Common causes are:

Get A Free Assessment

Receive answers to all your immigrations questions along with available options, all in one place.

Ready to Take Your First Steps Toward Living in the US?

Securing personalized legal help is quick and simple. Begin with our one-minute online assessment form or call us toll-free at +1 561 933 9166.

We have a dedicated team of Certified professionals standing by, ready to answer your immigration and visa questions. We’ve been helping people from over 50+ countries for over a decade and can help you too.

Denied Entry to the US FAQs

Can You Be Refused Entrance at an Airport?

Yes. Airport CBP officers can deny you admission. If the purpose of travel is not within the quota category of the visa, or if they suspect the intention to work and stay illegally, they can be turned back. Some are brought for secondary screening before the final determination.

Can US Customs Deny Traveler's Entry?

Yes. U.S. Customs agents can deny admission on various grounds, including prior deportation, staying beyond one’s visa validity, or fraud. You might be issued a Form I-275 (Withdrawal of Application for Admission) or be classified under Section 212(a) of the Immigration and Nationality Act.

Can You Reapply if You're Denied Entrance?

Yes. Reapplication is allowable, but is preferable once you understand the reason for denial. Most tourists can return once they obtain the Waiver of Inadmissibility (Form I-192) that authorizes limited admission despite previous issues. Approval depends on the history and the denial basis.