CBP / BPA CBP Immigration Enforcement & Admissibility 2 — Questions and Answers
Question 1: Under INA Section 212(a), a noncitizen who has been unlawfully present in the U.S. for more than one year and then departs is generally barred from readmission for how long?
- 3 years
- 5 years
- 10 years (Correct answer)
- Permanently
Correct answer: 10 years
Unlawful presence of one year or more triggers a 10-year bar to admission under INA 212(a)(9)(B).
Question 2: Which document is the primary legal authority defining grounds of inadmissibility that CBP officers apply at ports of entry?
- Title 8 of the U.S. Code (INA) (Correct answer)
- The Posse Comitatus Act
- Title 19 customs regulations
- The Privacy Act
Correct answer: Title 8 of the U.S. Code (INA)
The Immigration and Nationality Act, codified in Title 8 U.S.C., sets out the grounds of inadmissibility.
Question 3: A traveler arriving on a B-2 visa states they intend to work for cash while visiting. What is the most appropriate CBP action?
- Admit them as a tourist
- Refer them to secondary inspection for a possible misrepresentation/intent finding (Correct answer)
- Issue a work permit on the spot
- Place them in the Global Entry program
Correct answer: Refer them to secondary inspection for a possible misrepresentation/intent finding
Stated intent to work violates B-2 status and warrants secondary inspection and a possible inadmissibility finding.
Question 4: What is 'expedited removal' as used by CBP?
- A fast-track green card process
- Removal of certain inadmissible noncitizens without a hearing before an immigration judge (Correct answer)
- An accelerated visa interview
- A diplomatic deportation channel
Correct answer: Removal of certain inadmissible noncitizens without a hearing before an immigration judge
Expedited removal allows officers to remove certain inadmissible arrivals without a full immigration court hearing.
Question 5: Which of the following is a ground of inadmissibility based on health?
- A common cold
- A communicable disease of public health significance (Correct answer)
- Seasonal allergies
- A prior broken bone
Correct answer: A communicable disease of public health significance
INA 212(a)(1) makes noncitizens with a communicable disease of public health significance inadmissible.
Question 6: A returning lawful permanent resident has been abroad for 8 months and has a 2019 fraud conviction. How should CBP treat them?
- Automatically deny entry without review
- Treat as an applicant for admission subject to inadmissibility review under INA 101(a)(13)(C) (Correct answer)
- Wave them through as a citizen
- Refer to customs only
Correct answer: Treat as an applicant for admission subject to inadmissibility review under INA 101(a)(13)(C)
An LPR who committed certain offenses is treated as an applicant for admission and is subject to inadmissibility grounds.
Question 7: What is the purpose of a CBP secondary inspection?
- To collect duty payments only
- To conduct additional questioning, records checks, and verification when primary inspection raises questions (Correct answer)
- To issue passports
- To process refund claims
Correct answer: To conduct additional questioning, records checks, and verification when primary inspection raises questions
Secondary inspection allows officers more time and resources to resolve admissibility or other concerns.
CBP / BPA CBP Immigration Enforcement & Admissibility 2
Under INA Section 212(a), a noncitizen who has been unlawfully present in the U.S. for more than one year and then departs is generally barred from readmission for how long?