While a visa is the document that allows you to enter the United States, physically entering the United States is a whole other process and journey. This immigration blog post focuses on the issues relating to Customs and Border Protection (CBP) regulations while entering the United States rather than packing and moving, finances, etc.
Customs and Border Protection (CBP) oversees protecting the borders of the United States, thus screening who and what is allowed to enter the United States at its points of entry (air, sea, and land). It is important to know how you are supposed to enter the United States, what is allowed and what is not, what can you bring in with you, and what not.
What is Automated Passport Control?
Automated Passport Control (APC) is a U.S. Customs and Border Protection (CBP) program that streamlines the entry process for U.S. citizens, U.S. legal permanent residents (green card holders), Canadian citizens, eligible Visa Waiver Program participants and specific U.S. visa holder travelers, by providing an automated process through Customs and Border Protection’s Primary Inspection area.
Travelers use self-service kiosks to respond to Customs and Border Protection - inspection related questions and submit biographic information. Automated Passport Control is a free service, does not require pre-registration or membership, and maintains the highest levels of protection when it comes to the handling of personal data or information. Travelers using Automated Passport Control experience shorter wait times, less congestion, and faster processing.
How Does Automated Passport Control Work?
Instead of filling out a paper Customs declaration form, eligible passengers can proceed directly to the Automated Passport Control kiosks in the passport control area. Travelers are prompted to scan their passport, take a photograph using the kiosk, and answer a series of Customs and Border Protection inspection related questions verifying biographic and flight information. Once passengers have completed the series of questions, a receipt will be issued. Travelers then bring their passport and receipt to a Customs and Border Protection Officer to finalize their inspection for entry into the United States. The kiosks allow people residing at the same address to be processed together.
APC kiosks are currently operational at the following airports:
Albuquerque International Airport (ABQ)
Oakland International Airport (OAK)
Ontario International Airport (ONT)
Philadelphia International Airport (PHL)
Salt Lake City International Airport (SLC)
St. Petersburg-Clearwater International Airport (PIE)
T.F. Green International Airport (PVD)
Vancouver Seaport (YHC)
Bringing Food into the U.S.:
Many agriculture products are prohibited entry into the United States from certain countries because they may carry plant pests and foreign animal diseases. All agriculture items must be declared and are subject to inspection by a Customs and Border Protection Agriculture Specialist at ports of entry to ensure they are free of plant pests and foreign animal diseases. Prohibited or restricted items may include meats, fresh fruits, vegetables, plants, seeds, soil, products made from animal or plant materials.
Declared agriculture items, in non-commercial quantities, that are found to be prohibited or restricted by the Customs and Border Protection Agriculture Specialists can be abandoned at the port of entry should the traveler wish to continue into the U.S. However, undeclared prohibited agriculture items will be confiscated and can result in the issuance of a civil penalty to the traveler for failure to declare the prohibited item. All agricultural items that are abandoned or confiscated at ports of entry are destroyed in accordance with United States Department of Agriculture approved destruction methods to prevent spread of pests and diseases.
The U.S. Department of Agriculture and the Department of Homeland Security are partners in the effort to protect American agriculture against the introduction of pests and diseases at our nation's ports of entry. USDA's Animal and Plant Health Inspection Service determines what agricultural products are admissible into the U.S. and what products pose a risk and should be prohibited or restricted entry. U.S. Customs and Border Protection enforce these agricultural rules and regulations at ports of entry.
Mobile Passport Control (MPC):
Allows eligible travelers to submit their travel document, photo, and customs declaration information through a free, secure app on their smartphone or other mobile device. The use of MPC streamlines the traveler’s entry process into the United States by reducing passport control inspection time and overall wait time. Use of MPC does not require pre-approval. Travelers who successfully use the MPC app will no longer have to complete a paper form or use an APC kiosk. As a result, travelers may experience shorter wait times, less congestion and efficient processing.
The CBP Mobile Passport Control App:
CBP’s MPC app is a free application that can be downloaded from the Apple App store and Google Play and is currently available for eligible travelers to use upon arrival at MPC approved sites.
New Traveler Eligibility - Lawful Permanent Residents (LPR; green card holders) are now eligible for MPC. New MPC App Experience, keep your CBP MPC app up to date from your Apple or Google App Store. CBP MPC will receive a workflow refresh Mid July that will enhance the traveler experience.
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CBP has successfully implemented facial biometrics into the entry processes at all international airports, known as Simplified Arrival, and into the exit processes at 46 airport locations. CBP also expanded facial biometrics at 38 seaports and all pedestrian lanes at both Southwest Border and the Northern Border ports of entry. To date, CBP has processed more than 300 million travelers using biometric facial comparison technology and prevented more than 1,800 impostors from entry to the U.S.
Bringing Agricultural Products into the United States:
All travelers entering the United States are REQUIRED to DECLARE meats, fruits, vegetables, plants, seeds, soil, animals, as well as plant and animal products (including soup or soup products) they may be carrying. The declaration must cover all items carried in checked baggage, carry-on luggage, or in a vehicle.
Upon examination of plants, animal products, and associated items, U.S. Customs and Border Protection (CBP) agriculture specialists at the ports of entry will determine if these items meet the entry requirements of the United States. Always DECLARE agricultural items by checking “Yes” on Question 11 of the CBP Declaration Form 6059B. Also check “Yes” if you have been on a farm or in close proximity of livestock, as an agriculture specialist may need to check your shoes or luggage for traces of soil that could harbor foreign animal diseases such as foot-and-mouth.
Avoid Fines and Delays:
Prohibited items that are not declared by passengers are confiscated and disposed of by CBP agriculture specialists. More importantly, civil penalties (fines) may be assessed for failure to declare prohibited agricultural products and may range up to $1,000 per first-time offense for non-commercial quantities. If the items are determined to be for commercial use, violations will be assessed at a much higher rate. The same fines apply to prohibited agricultural products sent through international mail.
Fruits, Vegetables, and Plants:
Depending on the country of origin, some fruits, vegetables, and plants may be brought into the United States without advance permission, provided they are declared, inspected, and found free of pests. However, certain plants and ANY plant parts intended for growing (propagative) require a foreign phytosanitary certificate in advance. For information on certificates, contact the USDA/APHIS Plant Protection and Quarantine Permit Unit at (301) 851-2046 or (877) 770-5990 Also, check the Information Resources section at the end of this notice for details.
Meat and Animal Products and Byproducts:
Many fresh, dried, and some canned meats and meat byproducts are prohibited entry into the United States from foreign countries because of the continuing threat of foot-and-mouth disease (FMD), bovine spongiform encephalopathy (BSE, or mad cow disease), and other animal diseases. If meat from restricted countries is included as an ingredient in a product (e.g., beef broth), the product is usually prohibited.
Because regulations concerning meat and meat byproducts change frequently, travelers should contact the consulate or local agricultural office in the country of origin for up-to-date information on the disease status of that country.
Animal hunting trophies, game animal carcasses, and hides are severely restricted. To find out specifics and how to arrange to bring them into the United States, contact USDA/APHIS Veterinary Services, National Center for Import and Export (NCIE) at (301) 851-3300, via email at: AskNCIE.Products@aphis.usda.gov or VS-Live.Animals_Import.Permits@aphis.usda.gov or on the Web at Veterinary Services - Safeguarding Animal Health (Import/Export). The import and export of wild (and endangered) animals is regulated by the U.S. Department of the Interior, Fish and Wildlife Service (FWS). For a list of endangered species check the following: http://www.cites.org.
Live Animals and Birds:
Live animals and birds may enter the United States subject to certification, certain permits, inspection, and quarantine rules that vary greatly with the type of animal and its origin and can also be subject to restrictions by some state departments of agriculture.
For general information and permit application, contact APHIS/ NCIE at (301) 851-3300. Contact the CDC via e-mail at CDCAnimalImports@cdc.gov. You may also access the National Center for Infectious Diseases on the Web - Traveler's Health.
Other Biological Materials:
A strict permitting process governs most organisms, cells and cultures, antibodies, vaccines and related substances, whether of plant or animal origin. Biological specimens of plant pests, in preservatives, or dried, may be imported without restriction, but are subject to inspection upon arrival in the United States. This is done to confirm the nature of the material and to make sure it is free of “hitchhiking” plant pests or diseases. These items must ALL be declared and presented for inspection upon entering the United States. For information and a permit application, contact NCIE: AskNCIE.Products@aphis.usda.gov or VS-Live.Animals_Import.Permits@aphis.usda.gov or on the Web at Veterinary Services - Safeguarding Animal Health (Import/Export).
Soil, Sand and Minerals:
Soil-borne organisms threaten both plants and animals. If you visited a farm or ranch in a foreign country, agricultural specialists may have to examine and disinfect your shoes or clothing. Vehicles must also be cleaned of any soil. No soil or earth of any kind is allowed into the United States without a permit issued in advance by USDA Plant Protection and Quarantine Permit Unit. Pure sand, such as a small container of decorative beach sand, is usually allowed. Always check with the permit unit in advance for details.
Products from Canada and Mexico:
Many products grown in Canada or Mexico are allowed to enter the United States. This includes many vegetables and fruits; however, seed potatoes from Canada currently require a permit and fresh tomatoes and bell peppers are prohibited from Canada. Additionally, stone fruit, apples, mangoes, oranges, guavas, sopote, cherimoya and sweet limes from Mexico require a permit. Avocados from Mexico that are peeled, halved and have the seed removed are enterable if in liquid or vacuum-packed but are subject to inspection.
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Information Resources for Travelers:
U.S. Customs and Border Protection (CBP) currently collects import duties, carries out immigration inspection and clearance of passengers and carries out inspection and clearance of agricultural items (in commercial and passenger areas) at U.S. ports of entry. APHIS-PPQ Permit Unit, U.S. Department of Agriculture, can provide information about import requirements and permits for plants, plant parts, fruits, vegetables, and other agricultural items. Call the unit at (301) 851-2046 or (877) 770-5990, or visit the web at Animal and Plant Health Inspection Service.
You can also write:
USDA, APHIS
Plant Protection and Quarantine
4700 River Road, Unit 136
Riverdale, MD 20737-1236, Attention: Permit Unit
APHIS Veterinary Services, National Center for Import and Export (NCIE) can provide information on the importation of live animals and animal products. Call (301) 851-3300, email at: AskNCIE.Products@aphis.usda.gov or VS-Live.Animals_Import.Permits@aphis.usda.gov or go to the Web at Veterinary Services - Safeguarding Animal Health (Import/Export).
The Centers for Disease Control and Prevention (CDC) regulates importation of certain animal species and provides specific regulations for nonhuman primates and pets. Contact the CDC in Atlanta at (404) 639-3311 or (800) 231-4636. You may also access the National Center for Infectious Diseases on the web - Traveler's Health.
Marijuana is a controlled substance under United States federal law. The sale, possession, production, distribution, or the facilitation of the aforementioned of both medical and recreational marijuana remains illegal under U.S. federal law. As federal law prohibits the importation and exportation of marijuana, crossing the international border or arriving at a U.S. port of entry with marijuana may result in seizure, fines, and/or arrest, and may impact admissibility.
CBP officers at U.S. ports of entry and Preclearance locations will continue to process travelers in accordance with federal law, including those laws pertaining to controlled substances and with the Immigration and Nationality Act, which broadly governs the admissibility of travelers into the United States. Determinations about admissibility and whether any regulatory or criminal enforcement is appropriate are made by a CBP officer based on the facts and circumstances known to the officer at the time.
CBP is responsible for enforcing the laws of the United States at the border at and between ports of entry. Requirements for international travelers wishing to enter the U.S. are governed by and conducted in accordance with U.S. federal law. Although medical and recreational marijuana may be legal in some U.S. states and Canada, it remains illegal under United States federal law.
Passenger Name Record (PNR):
Printer-friendly version - U.S. law requires air carriers operating flights to, from, or through the United States to provide the Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP), with certain passenger reservation information, called Passenger Name Record (PNR) data. This information is transmitted to CBP prior to departure and used primarily for purposes of preventing, detecting, investigating, and prosecuting terrorist offenses and related crimes and certain other crimes that are transnational in nature.
DHS allows all persons, including foreign nationals, to seek access and request amendment to certain information maintained in the Automated Targeting System (ATS), including PNR data. Please see the procedures provided below. However, certain information maintained in ATS, such as information pertaining to the rule sets or accounting of a sharing with a law enforcement or intelligence entity in conformance with a routine use, may not be accessed, pursuant to 5 U.S.C. §§ 552a (j)(2) or (k)(2). For additional information, please refer to the ATS System of Records Notice (SORN) and Privacy Impact Assessment.
Preclearance operates at 15 locations worldwide:
Customs and Border Protection (CBP) Preclearance is the strategic stationing of CBP personnel at designated foreign airports to inspect travelers prior to boarding U.S.-bound flights. With Preclearance, travelers then bypass CBP and Transportation Security Administration (TSA) inspections upon U.S. arrival and proceed directly to their connecting flight or destination.
Today, CBP has more than 600 officers and agriculture specialists stationed at 15 Preclearance locations in 6 countries: Dublin and Shannon in Ireland; Aruba; Bermuda; Abu Dhabi in the United Arab Emirates; Nassau in the Bahamas; and Calgary, Toronto, Edmonton, Halifax, Montreal, Ottawa, Vancouver, Victoria, and Winnipeg in Canada. In 2019, CBP personnel stationed abroad precleared 22 million travelers, representing over 16 percent of all commercial air travelers to the United States.
International Parental Child Abduction (IPCA)
Federal law prohibits a parent from removing a child from the United States or retaining a child in another country with intent to obstruct another parent´s custodial rights (18 U.S.C. § 1204). As required by Title III of the International Child Abduction Prevention and Return Act (ICAPRA), U.S. Customs and Border Protection (CBP), in coordination with the U.S. Department of State and other federal agencies, has established a program that seeks to prevent the departure of a child from the United States when presented with a valid, enforceable court order which prohibits the child’s removal from the United States (6 U.S.C. § 241).
If you are concerned that your child is at risk of being abducted internationally by a parent, legal guardian, or someone acting on their behalf:
Obtain a valid, enforceable U.S. court order that includes prevention provisions, such as restrictions on removing the child from the U.S.
Contact U.S. Department of State (DOS) Office of Children’s Issues for 24/7 assistance:
Phone: 1-888-407-4747 (U.S. or Canada) or +1-202-501-4444 (International)
Email: PreventAbduction1@state.gov
If you believe that your child is in the process of being abducted internationally by a parent, legal guardian, or someone acting on their behalf:
Immediately notify local or airport police and provide them with copies of court orders
Request that they enter your child and the possible abductor(s), if known, into the National Crime Information Center (NCIC) database
Contact U.S. Department of State (DOS) Office of Children’s Issues for 24/7 assistance:
Phone: 1-888-407-4747 (U.S. or Canada) or +1-202-501-4444 (International)
Email: PreventAbduction1@state.gov
If your child has already been abducted internationally by a parent, legal guardian, or someone acting on their behalf:
Contact U.S. Department of State (DOS) Office of Children’s Issues for 24/7 assistance:
Phone: 1-888-407-4747 (U.S. or Canada) or +1-202-501-4444 (International)
Email: PreventAbduction1@state.gov
PREVENT ABDUCTION PROGRAM
U.S. Customs and Border Protection’s (CBP) Prevent Abduction program can assist in the prevention of IPCA (6 U.S.C § 241)
CBP Search Authority:
A U.S. Customs and Border Protection (CBP) officer's border search authority is derived from federal statutes and regulations, including 19 C.F.R. 162.6, which states that, "All persons, baggage and merchandise arriving in the Customs territory of the United States from places outside thereof are liable to inspection by a CBP officer." Unless exempt by diplomatic status, all persons entering the United States, including U.S. citizens, are subject to examination and search by CBP officers.
It is not the intent of CBP to subject travelers to unwarranted scrutiny. CBP inspection procedures are designed to facilitate the entry of U.S. citizens and aliens who can readily establish their admissibility. CBP officers must determine the nationality of each applicant for admission and, if determined to be an alien, whether the applicant meets the requirements of the Immigration and Nationality Act for admission to the United States. CBP officers may, unfortunately, inconvenience law-abiding citizens to detect those involved in illicit activities. Though inconvenient and stressful the inspection process may be to those selected for inspection, in such cases CBP rely heavily on the patience, understanding, and cooperation of the traveler.
Speaking with travelers and closely examining their documentation are some of the ways CBP look for mala fide or improperly documented travelers. CBP rely upon the judgment of our individual CBP officers to use their discretion as to the extent of examination necessary. However, CBP officers are expected to conduct their duties in a professional manner and to treat each traveler with dignity and respect.
CBP Officers use diverse factors to refer individuals for targeted examinations and there are instances when our best judgments prove to be unfounded. Although CBP does use information from various systems and specific techniques for selecting passengers for targeted examinations, a component of our risk management practices is the use of a completely random referral for a percentage of travelers.
Many travelers wonder if CBP is alerted when an inbound passenger has a warrant for their arrest issued. Yes, CBP is alerted. In the air passenger environment, air carriers transmit passenger information to CBP through the Advance Passenger Information System (APIS). CBP officers also rely on the Interagency Border Inspection System (IBIS) to determine which individuals to target for secondary examination upon arrival in the United States.
CBP, along with law enforcement and regulatory personnel from 20 other Federal agencies or bureaus, use IBIS. Some of these agencies are the Federal Bureau of Investigation (FBI), Interpol, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco and Firearms and Explosives, the Internal Revenue Service, the Coast Guard, the Federal Aviation Administration, Secret Service, and the Animal Plant Health Inspection Service. Information from IBIS is also shared with the Department of State for use by Consular Officers at U.S. Embassies and Consulates.
IBIS assists the majority of the traveling public with expeditious clearance at ports of entry while allowing the border enforcement agencies to focus their limited resources on potential non-compliant travelers. IBIS provides the law enforcement community with access to computer-based enforcement files of common interest. It also provides access to the FBI's National Crime Information Center (NCIC) and allows its users to interface with all 50 states via the National Law Enforcement Telecommunications Systems.
IBIS resides on the TECS at the CBP Data Center. Field level access is provided by an IBIS network with more than 24,000 computer terminals. These terminals are located at air, land, and seaports of entry.
IBIS keeps track of information on suspected individuals, businesses, vehicles, aircraft, and vessels. IBIS terminals can also be used to access NCIC records on wanted persons, stolen vehicles, vessels or firearms, license information, criminal histories, and previous Federal inspections. The information is used to assist law enforcement and regulatory personnel.
CBP has the authority to collect passenger name record information on all travelers entering or leaving the United States. This information is strictly used for preventing and combating terrorism and serious criminal offenses with the principal purpose of facilitating the CBP mission to protect our Nation's borders through threat analysis to identify and interdict persons who have already committed or may potentially commit a terrorist act in the future. Should CBP determine that an error exists within our system of records, corrective measures will be taken.
No matter what the circumstances of your case are, make sure to obtain legal immigration advice and/or services from an immigration attorney, which can found according to U.S. state on www.usaimmigrationhub.com.
Read part II, click here.
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