A non-citizen may be questioned regarding their immigration status by an immigration officer either at the border, airport or any place within the U.S. A person arriving at the airport or at a border crossing may be detained immediately or referred to deferred inspection if a computer check reveals a criminal conviction, pending criminal case or criminal warrant. Deferred inspection refers to an interview at the local Customs Border Patrol office (CBP) to discuss the immigration problem in more detail. The CBP is a division of the United States Homeland Security. A person with a criminal conviction will likely be asked to show up at the CBP with a copy of the criminal disposition record.

If you think your immigration status is questionable because of a criminal conviction or other problem, you should seek the advice of an immigration attorney on what to do if you are detained and interrogated by an immigration officer. After consulting with an attorney, make sure that you keep the attorney’s business card and contact information in your possession at all times. If you are detained or arrested, tell the immigration officer that you want to speak to your attorney right away before answering any questions.