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<strong>Inspector's</strong> <strong>Field</strong> <strong>Manual</strong><br />
Chapter 17: Inadmissible Aliens<br />
References:<br />
INA: Sections 212, 235, 240, 241.<br />
Regulations: 8 CFR 212, 235, 240, 241.<br />
17.1 Deferred Inspection.<br />
(a) General. When an immediate decision concerning admissibility cannot be made at a port-of-entry, the<br />
inspecting officer may defer inspection to the office having jurisdiction over the area where the alien will be<br />
staying. Often, deferred inspections are necessary in order to review an existing Service file or some other<br />
documentary evidence essential to clarifying admissibility or for posting of a bond. Deferral may also be<br />
appropriate for adjudicating a waiver under section 211(b) or 212(d)(3) of the Act. Deferral should always be<br />
for a specific purpose, not simply used as a way to transfer a difficult case to another office, and should<br />
normally only be used when it appears the case could possibly be resolved in the alien's favor. See also Bonds in<br />
Chapter 45. If an applicant is inadmissible, he or she should be given the opportunity to withdraw or should be<br />
processed for removal, not deferred.<br />
(b) Deferral procedures. Inspection is deferred using Form I-546, Notice of Deferred Inspection and Form I-94,<br />
stamped with a parole stamp and endorsed to show "deferred inspection," the onward office and deferral date<br />
as well as your stamp number, port, and action date. Parole the applicant for a brief period, sufficient for the<br />
paperwork to arrive at the onward office and the applicant to obtain any necessary evidence to establish<br />
admissibility. The applicant should be given the appointment copy of the I-546 and the departure section of the<br />
I-94 with a specific reporting date and a time block, rather than a specific time. Also, provide the applicant with<br />
the phone number of the onward office's deferred inspection unit. Some local offices conduct deferred<br />
inspections only on certain days of the week or during certain hours and may have specific room numbers for<br />
deferred applicants. Secondary stations at ports-of-entry should have current information on office hours,<br />
addresses and room numbers, phone numbers and jurisdictions of various suboffices and satellite offices which<br />
handle deferrals. See also Appendix 17-1. A deferred inspection places additional unscheduled work on the<br />
onward office and may be burdensome on the applicant who is required to travel a considerable distance. When<br />
giving the applicant instructions for appearing at a deferred inspection, ensure you are providing enough<br />
information and guidance so the procedure can be completed quickly, in a single appearance.<br />
The remarks block on the I-546 should contain complete, accurate information for the inspector at the onward<br />
office. The form should state specifically the purpose of the deferral and identify any documentation which the<br />
applicant is expected to produce. If there is an existing file, the file number and files control office should be<br />
identified, so that the onward office can locate or request the file before the applicant appears. If appropriate, a<br />
sworn statement may be taken at the port-of-entry and attached for use by the onward office. Also attach to the<br />
I-546 to be sent to the onward office any other documents relevant to the inspection which were produced at the<br />
port-of-entry. If it is necessary to retain the applicant's passport, the deferral must be sent by certified mail<br />
(follow local procedures for deferrals within the same district).<br />
If there is a likelihood the alien may ultimately be ordered removed, serve Form I-259 on the affected carrier.<br />
Attach copies of the I-259 to the I-546 onward office copy and port copy. Also, send a copy of the I-259 to the<br />
National Fines Office.<br />
(c) Processing a deferred inspection. The inspecting officer at the onward office should have received the<br />
deferral paperwork in advance of the applicant's appearance. If a Service file exists, the file should be located<br />
and reviewed prior to the applicant's appearance. If the applicant is found admissible, a new I-94 should be<br />
executed using the office symbol of the onward office and the current date as the date of admission. Upon<br />
completion of the deferred inspection, indicate the disposition on the reverse of the I-546 and return it to the<br />
originating port. Forward the original deferred I-94 departure section and the new arrival section for data
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