Posts tagged “Withdrawal of Application for Admission”

There is a pattern we see almost every day. Someone reaches out after a visa cancellation, an expedited removal, or a misrepresentation finding, and instead of engaging in a proper consultation, they try to “test the waters.” They ask if we can help, hint at their situation, or float a vague question hoping for a quick answer. Immigration law—especially at the border or consular level—is not a guessing game. These types of cases are complicated, carry long-term consequences and are fact-intensive, where the smallest detail can change the entire legal strategy.

One of the most common scenarios is the person who calls or writes something like: “My visa was cancelled at the airport and I was given expedited removal. Can you help?” That is the entirety of the information provided. No sworn statement, no timeline, no explanation of what was said to U.S. Customs and Border Protection, no indication of whether there was a finding under INA Section 212(a)(6)(C) or INA Section 212(a)(7)(A). The expectation, however, is that we can immediately assess the case. We cannot. That is precisely why we conduct 60–75 minute consultations—to reconstruct what actually happened, identify legal issues, and determine viable strategies. Anything less is not serious legal work.

Recently, a report was published chronicling the number of foreign citizens found to be inadmissible to the United States. While much attention is given to the US-Mexico border, more than half of the 1.2 million inadmissibility findings for fiscal year 2024 relate to other ports of entry. One of the report’s most stunning findings relates to the exponential growth in the number of individuals who have withdrawn their application for entry: from about 50,000 in 2019 to nearly 200,000 in 2024. While the term “withdraw an application” sounds benign, it can be traumatic - with long-term consequences.

According to the report, the most common ports of entry for these findings of inadmissibility are in Buffalo, Seattle, and Boston. Chicago O’Hare is another airport with a reputation for having a rigorous enforcement mentality. The most common home countries for individuals who have withdrawn their applications for entry include Canada, India, China, France, and Mexico.