Denied Entry to the United States: What It Means and What Your Options Are
Key takeaways
- Anyone can be denied entry to the US – visitors, tourists, Canadians, visa holders, and green card holders alike
- The consequences and options differ significantly depending on your immigration status
- A denial creates a permanent record in CBP databases that affects every future border crossing
- Signing a voluntary withdrawal without legal advice can waive important rights
- A US inadmissibility waiver is the primary legal pathway for most people to return to the US after a denial
- Consult an immigration lawyer before attempting to re-enter after a denial
Denied Entry to the US – It Happens to More People Than You Think
Being denied entry to the United States is a jarring experience – and it happens to far more people than most realize. Tourists on vacation, Canadians making routine cross-border trips, business travellers, visa holders, and even lawful permanent residents can all find themselves turned away at the US border.
What happens next and what options are available to you depends significantly on who you are and how the denial was processed. A Canadian citizen crossing for a shopping trip faces a very different situation than a green card holder returning from a family visit abroad. A visitor on an ESTA has different rights and options than someone holding an H-1B work visa.
This guide covers the full spectrum – from first-time visitors to permanent residents – and explains what a US border denial means, why it happens, and what you can do about it. Last updated June 2026 to reflect the Supreme Court ruling in Lau v. Garland which has changed the border rights of green card holders.
Attempting to re-enter the United States immediately after being denied entry – particularly through a different port of entry – can significantly worsen your situation and may constitute a federal offense. Consult an immigration lawyer before making any further attempts to enter.
Your Situation Depends on Who You Are
The rights you have at the US border, the consequences of a denial, and the options available to you differ substantially based on your immigration status.
If you are travelling to the US as a tourist, visiting family, or crossing for any short-term purpose on an ESTA or B-1/B-2 visitor visa, you have the most limited rights at the US border. Entry is entirely at CBP discretion and you have no automatic right to admission.
If denied entry as a visitor you will typically be issued a Form I-275 and returned to your departure point. You generally will not have a right to an immigration court hearing. Your primary option is to address the underlying grounds of inadmissibility – most commonly through a US inadmissibility waiver – before attempting to re-enter.
- No right to an immigration court hearing before being turned away
- Voluntary withdrawal is the typical outcome – less damaging than formal removal
- Primary option going forward: apply for a US inadmissibility waiver (Form I-192)
- May be able to reapply for a B-1/B-2 visa at a US consulate addressing the grounds of denial
Canadian citizens do not need a visa for short US visits but entry is always at CBP discretion. Canada and the United States share criminal records information under bilateral agreements – Canadian criminal records including pardoned offenses are generally visible to CBP. A DUI, drug possession charge, or even charges that were withdrawn or discharged can appear in CBP systems and trigger inadmissibility.
A Canadian Record Suspension does not automatically resolve inadmissibility under US law.
- Canadian criminal records including pardoned offenses are visible to CBP
- Prior US overstays or unauthorized work create flags that appear at every crossing
- If denied you are typically returned to Canada with a Form I-275
- Primary option: apply for a US inadmissibility waiver (Form I-192)
If you have any criminal record – including charges that were stayed, withdrawn, or resulted in a discharge or pardon – consult a VisaPlace immigration lawyer before your next US crossing.
If you hold a US work visa or student visa a denial typically means CBP has determined you do not currently qualify to enter under that visa category. Common reasons include a change in your employment or student status, a criminal issue arising since the visa was issued, or a determination that your visa was obtained improperly.
- Your visa may be cancelled at the time of denial
- You may need to apply for a new visa at a US consulate addressing the grounds of denial
- TN visa holders who are denied can generally re-apply at the same crossing with corrected documentation
- F-1 students who are denied should contact their Designated School Official immediately
Lawful permanent residents have the strongest procedural rights at the US border but also face the most serious consequences if denied entry. Following the 2026 Supreme Court ruling in Lau v. Garland, border agents now need only a reason to believe a green card holder committed a disqualifying offense before treating them as an applicant for admission rather than automatically readmitting them.
- Green card holders generally cannot be subjected to expedited removal
- Green card holders have the right to a hearing before an immigration judge before being formally removed
- Border agents can confiscate your physical green card while proceedings are pending
- Do not sign any documents at the border without speaking to an immigration lawyer
- Applying for US citizenship is the strongest long-term protection – citizens cannot be denied re-entry
A criminal record is the most common reason people are denied entry to the United States. Many people assume that because their conviction is old, minor, pardoned, or from another country, it will not affect their US entry. This assumption is frequently wrong.
- DUI convictions – whether a CIMT depends on the specific charge and jurisdiction
- Drug offenses of any kind including simple possession are a serious ground of inadmissibility
- Theft, fraud, forgery, and dishonesty offenses are classic Crimes Involving Moral Turpitude
- Multiple convictions create inadmissibility regardless of whether any individual offense qualifies as a CIMT
- Charges that were withdrawn, stayed, or resulted in a discharge can still appear in CBP systems
- A Canadian Record Suspension does not eliminate the underlying conviction for US immigration purposes
A US inadmissibility waiver (Form I-192 for visitors) allows people with criminal records to enter the United States despite their inadmissibility. VisaPlace prepares inadmissibility waiver applications regularly. Contact us for a free assessment of your eligibility.
Why People Are Denied Entry to the United States
The Immigration and Nationality Act sets out numerous grounds of inadmissibility. The most common reasons vary by traveller type.
| Ground of denial | Visitors | Canadians | Visa holders | Green card holders |
|---|---|---|---|---|
| Criminal record | Very common | Most common | Common | Common |
| Prior overstay | Common | Common | Common | Less common |
| Unauthorized work | Common | Common | Common | Less relevant |
| Misrepresentation | Common | Common | Common | Common |
| Visa status change | N/A | N/A | Very common | Less common |
| Long absence from US | N/A | N/A | N/A | Common |
Criminal records and the DUI question
Criminal records are the most common cause of US border denial for Canadian travellers. Many people are surprised to discover that a DUI from years ago, a single drug possession charge, or a shoplifting conviction can result in inadmissibility. Whether a particular offense qualifies as a Crime Involving Moral Turpitude is determined on a case-by-case basis. Anyone with any criminal record should obtain legal advice about their US admissibility before travelling.
Prior US immigration violations
Overstaying a visa – even by a few days – creates a record in CBP systems that affects every future entry attempt. Unlawful presence of 180 days to one year results in a 3-year bar on re-entry. Unlawful presence of more than one year results in a 10-year bar. These bars are triggered by departure from the United States.
How Your Denial Was Processed – This Matters
Voluntary Withdrawal of Application for Admission
This occurs when CBP gives you the option to withdraw your application for admission and return home voluntarily. A voluntary withdrawal does not result in a formal removal order and is generally less damaging than expedited removal. However it still creates a permanent record. Never sign a voluntary withdrawal without first speaking to an immigration lawyer.
Expedited Removal
Expedited removal is a formal removal by CBP without an immigration court hearing. It results in a 5-year bar on re-entry in most cases and a permanent bar if misrepresentation is involved. If you are told you will be formally removed ask to speak with an immigration lawyer immediately.
Referral to Immigration Court
In some cases – most commonly for lawful permanent residents – CBP will issue a Notice to Appear and refer the matter to immigration court. This gives you the right to appear before an immigration judge and argue for why you should be admitted. Legal representation in removal proceedings is essential.
Denied entry to the US? VisaPlace can help.
Our immigration lawyers handle US border denial cases for visitors, Canadians, and green card holders. Free consultation available.
Your Options After Being Denied Entry
Option 1 – Apply for a US inadmissibility waiver
A US inadmissibility waiver is the primary legal pathway for most people to re-enter the United States after a denial. Visitors and non-immigrants use Form I-192. Immigrants and green card holders use Form I-601. The waiver requires demonstrating that humanitarian considerations, family ties to the US, and other positive factors outweigh the reasons for inadmissibility. VisaPlace prepares inadmissibility waiver applications for Canadian and international clients regularly.
Option 2 – Contest the grounds of denial
If the grounds cited for your denial are legally incorrect – for example if the offense does not actually constitute a ground of inadmissibility under US immigration law – an immigration lawyer can challenge the denial. This requires a detailed legal analysis of the specific charge and the applicable US immigration law.
Option 3 – Apply for the correct visa category
If you were denied entry because you did not qualify under the visa or status you were using you may be able to apply for a different visa category that better fits your circumstances and travel purpose.
Option 4 – Defend yourself in removal proceedings
If you have been placed in removal proceedings – most commonly as a green card holder – the proceedings give you the opportunity to present your case before an immigration judge. Relief options include cancellation of removal, adjustment of status, asylum, and withholding of removal.
Option 5 – Appeal a removal order
If an immigration judge issues a removal order you generally have the right to appeal to the Board of Immigration Appeals and potentially to the federal courts. Strict deadlines apply – missing them permanently waives your right to appeal. Legal representation in an immigration appeal is essential.
How to Apply for a US Inadmissibility Waiver – Step by Step
For most visitors and Canadians denied entry due to a criminal record or prior immigration violation the inadmissibility waiver is the primary pathway back to the United States. Here is how the process works.
- Consult an immigration lawyer first. Get a legal assessment of your specific grounds of inadmissibility and your eligibility for a waiver before taking any action. Not all grounds of inadmissibility are waivable and not all applicants will qualify.
- Determine the correct waiver form. Visitors and non-immigrants use Form I-192. Immigrants and green card holders use Form I-601. Your lawyer will confirm which applies to your situation.
- Gather supporting documentation. Collect evidence of rehabilitation, family ties to the US, humanitarian factors, employment history, community ties, and any other positive factors that support your waiver application.
- Prepare and submit the waiver application. Complete the waiver form, compile all supporting documents, pay the filing fee, and submit to the appropriate US government office. VisaPlace prepares waiver applications for Canadian and international clients.
- Await a decision. Waiver processing times vary from several months to over a year depending on the type of waiver and current processing volumes. Do not attempt to enter the United States while your waiver application is pending without legal advice.
There is no guarantee that a waiver application will be approved. The strength of your application – the quality of supporting documentation and the legal arguments presented – significantly affects the outcome. VisaPlace has extensive experience preparing successful waiver applications for clients across a wide range of inadmissibility grounds.
Frequently Asked Questions
Related VisaPlace Resources
VisaPlace has been advising clients on US border denial for over 30 years. The following pages provide deeper information on specific aspects of US inadmissibility and border denial.
Legal disclaimer: This page is for informational purposes only and does not constitute legal advice. Immigration law is complex and fact-specific. Consult a qualified US immigration lawyer regarding your specific situation before making any immigration or travel decisions.
Denied entry to the US? VisaPlace can help.
Our immigration lawyers handle US border denial cases for visitors, Canadian citizens, visa holders, and green card holders. We can assess your options, prepare your inadmissibility waiver, and represent you if needed. Start with a free consultation.