Once a foreign national arrives at a US port of entry and seeks entry to the US, a US Customs and Border Protection (CBP) officer will have the final say on whether he is admissible to the US. If the case is not convincing, the CBP officer may deny admission and subsequently issue an expedited removal order. In such a situation, the foreign national will be required to leave the US immediately or on the next available flight.
A foreign national will be subject to expedited removal orders if he/she lacks proper documentation or is found to have committed fraud or falsifying facts to gain admission to the US. There are circumstances where an expedited removal order may be issued against those who illegally entered the US and cannot prove continuous presence for more than two years in the US.
CBP Officers will only charge those grounds of inadmissibility that can be fully supported by sufficient proof. They are also instructed to consider, on a case-by-case basis, whether the person qualifies for any waivers, or withdrawal of application for admission instead of issuing an expedited removal order. Once you are issued an expedited removal order, you cannot appeal further, unless you indicate your intent to apply for asylum or have fear of persecution in your home country. You also do not have the right to counsel or a hearing before an immigration judge.
Before issuing the order, the CBP inspectors and other DHS immigration officers will create a detailed record of the facts of the case and all statements made by you. You will be told of the charges leveled against you. You will be allowed to respond to those charges in a sworn statement. The officer will question you about your identity, alienage, and charges of inadmissibility. They will record your responses and will be noted in the Record of Sworn Statement. If you are issued the expedited removal order, you have to leave the US immediately or be detained until you are removed from the US. You will not be released on bond. You may only be released if there is a medical emergency.
An expedited removal order carries a five-year bar to returning to the US, which means you cannot re-enter the US for a minimum of five years from the date of expedited removal. This condition will be waived if you file Form I-212 and are granted permission to reapply to enter the US. If you commit fraud or misrepresentation, you normally will be barred for a lifetime. In such cases, you have to file Form I-212 and get permission to reapply for admission. In addition, you have to get the necessary fraud waiver to enter the US within five years of the expedited removal order.
You can file a request for review to CBP directly with sufficient evidence showing that the expedited removal order is not correct. You have to file this within 30 days of having received the decision. Depending on the information and evidence you have, the CBP may use its discretion and reverse the prior expedited removal order.
