Stopped at the US Border? Here is Exactly What to Do Right Now
If you are being stopped right now – do this immediately
- Stay calm and be respectful to CBP officers
- Present your passport and immigration documents when asked
- State clearly: I would like to speak with an immigration lawyer
- Do not answer questions about your criminal history or immigration background
- Do not sign any documents including voluntary departure forms
- Call VisaPlace immediately for emergency legal assistance
Being Stopped at the US Border – What It Means and What Happens Next
Being stopped, questioned, or detained at a US port of entry is one of the most stressful immigration experiences a traveller can face. Whether you are a green card holder, a visa holder, or a Canadian citizen crossing into the United States, knowing your rights and how to respond can make a significant difference to the outcome.
This guide covers exactly what to do – and what not to do – if you are stopped by US Customs and Border Protection at an airport, land crossing, or seaport. It also explains what happens during secondary inspection, what your rights are, and when to call an immigration lawyer.
The stakes are high. What you say – and what you sign – at the border can have lasting consequences for your immigration status. The information in this guide is based on VisaPlace’s 30 years of experience representing clients in US immigration matters.
Step by Step: What to Do If You Are Stopped
Arguing with or being disrespectful to CBP officers will not help your situation and can make it significantly worse. Remain calm, speak clearly, and be polite regardless of how you feel about the situation.
Provide your passport, visa, green card, or other immigration documents when requested. Do not withhold documents – this creates additional grounds for suspicion and can escalate the situation.
Say clearly and calmly: I would like to speak with an immigration lawyer before answering questions. You may need to repeat this. CBP officers are not required to stop questioning you but clearly invoking your desire for counsel is an important step to take.
You are generally required to confirm your name and citizenship. Beyond that politely decline to answer questions about your criminal history, immigration background, or travel history until you have spoken with a lawyer. Say: I prefer not to answer that question without speaking with a lawyer first.
This is critical. CBP officers may ask you to sign documents including voluntary departure forms or withdrawal of application for admission. Do not sign anything without first speaking with an immigration lawyer. Signing these documents can waive significant legal rights and have permanent immigration consequences.
Call 866.934.7447 as soon as you are able to use your phone. If you cannot use your phone during the inspection ask to make a phone call. If a family member or travel companion is with you have them call on your behalf immediately.
What to Do and What Not to Do at the US Border
- Stay calm, polite, and respectful at all times
- Present your passport and immigration documents when asked
- State clearly that you want to speak with an immigration lawyer
- Ask to make a phone call if you are detained
- Remember as much as you can about what is said during the inspection
- Contact a lawyer as soon as you are permitted to use your phone
- Write down the names and badge numbers of CBP officers if possible
- Do not argue, raise your voice, or be disrespectful to CBP officers
- Do not lie or provide false information – this is a federal offense
- Do not volunteer information about your criminal history or past immigration issues
- Do not consent to a search of your phone or devices without speaking to a lawyer first
- Do not sign any documents including voluntary departure forms without legal advice
- Do not assume the situation will resolve itself without legal help
Signing a voluntary departure form or a withdrawal of application for admission without understanding what it means. These documents waive your right to an immigration court hearing and can result in bars on future entry to the United States. Never sign anything at the border without legal advice.
Need emergency immigration help right now?
VisaPlace handles emergency border situations. Call us immediately – do not wait.
What Is Secondary Inspection and What Happens There
If a CBP officer directs you to secondary inspection it means they want to conduct a more thorough review of your documents, travel history, or admissibility. Being sent to secondary inspection does not automatically mean you will be denied entry – it is a common occurrence that many travellers experience without serious consequence.
However secondary inspection is where outcomes are determined. What you say during secondary inspection can significantly affect whether you are admitted, placed into proceedings, or removed. This is why having legal counsel available – even by phone – before answering questions in secondary inspection is so important.
- CBP officers will review your passport, visa, and immigration documents in detail
- They may ask questions about your travel history, purpose of travel, criminal record, and immigration background
- They may search your luggage and electronic devices
- The process can take anywhere from 30 minutes to several hours
- In serious cases you may be detained overnight or longer
CBP officers have broad authority to search electronic devices at the border without a warrant. While you cannot prevent a border search of your devices you are not required to provide passwords or unlock your devices. Consult a lawyer before providing access to your phone or laptop during a border inspection.
Specific Situations – What to Expect
If you are a green card holder being stopped
Do not surrender your green card voluntarily. Following the 2026 Supreme Court ruling in Lau v. Garland border agents now need only a reason to believe you committed a disqualifying offense before treating you as an applicant for admission. If CBP attempts to confiscate your green card note your objection but do not physically resist. Contact a lawyer immediately. Being placed into parole status does not mean you have lost your permanent residence but you will need legal representation to protect your status.
If you are a Canadian citizen being denied entry
Canadian citizens do not have an automatic right to enter the United States – entry is always at CBP discretion. If you are denied entry CBP will issue a Form I-275. Do not sign it without reading it carefully and ideally without speaking to a lawyer first. You will generally be returned to Canada but the denial will be recorded and can affect future entry attempts.
If you are a visa holder being questioned about your status
Be prepared to explain the purpose of your visit, your employment or study situation, and your intention to depart before your visa expires. If your circumstances have changed since your visa was issued – such as a change of employer on an H-1B – make sure you have documentation of your current authorized status.
If you are being detained overnight or longer
If CBP is detaining you beyond the initial inspection period you have the right to contact a lawyer and to have someone notified of your detention. Call VisaPlace immediately at 866.934.7447. Your lawyer can contact CBP on your behalf, review the grounds for your detention, and advise on your options including seeking release on bond.
Frequently Asked Questions
How to Prepare Before You Travel to the US
The best time to deal with a potential border issue is before you travel – not when you are standing in front of a CBP officer.
- Consult an immigration lawyer before any international travel if you have a criminal record, pending charges, prior immigration violations, or any uncertainty about your admissibility
- Carry documentation of your current immigration status including your most recent visa approval notice, I-94 record, and any employer support letters
- Save the VisaPlace emergency number in your phone before you travel: 866.934.7447
- If you are a green card holder consider whether you are eligible for US citizenship – citizens cannot be denied re-entry at the border
- If you have a criminal record get a legal assessment of how it affects your admissibility before your next trip
Related VisaPlace Resources
Legal disclaimer: This article is for informational purposes only and does not constitute legal advice. Immigration law is complex and fact-specific. If you are currently being stopped or detained at the US border call VisaPlace immediately at 866.934.7447 for emergency legal assistance.
Stopped at the US border? Call us now.
VisaPlace handles emergency border situations for green card holders, visa holders, and Canadian citizens. Do not sign anything. Do not answer questions. Call us first.
President & CEO
Michael Niren
Mr. Niren is CEO of VisaPlace LLC and the President and Managing Partner of VisaPlace Legal Canada, an immigration law firm based in Toronto, and VisaPlace Legal US a law firm registered in The District of Columbia, USA. Mr. Niren is a graduate of Osgoode Hall Law School in Toronto, a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section, American Lawyers Association, and an Associate Member of the American Bar Association.
