Withdrawal of application for admission is an option that U.S. Department of Homeland Security might offer to an Arriving Alien whereby the alien chooses to withdraw his or her application to enter the United States, and immediately departs the United States (or pre-clearance port of entry).
[1] Withdrawal of application may be sought at any of these stages:[1] Arriving Aliens undergo initial inspection at a designated port of entry (such as an airport, seaport, or land port; note that this does not include unofficial land crossings) by officers of the Office of Field Operations of U.S. Customs and Border Protection.
The following factors are considered when making the decision, as per the instructions in Section 17.2 of CBP's Inspector's Field Manual:[1][4] In summary, withdrawal of application for admission is suitable for cases where an alien may have innocently or through ignorance, misinformation, or bad advice, obtained an inappropriate visa but has not concealed the true purpose of the trip.
For instance, an alien who entered on a visa whose expiration date is not yet reached, but that is no longer valid because the underlying status is now void, may be asked to withdraw the application for admission.
[4] For lawful permanent residents, the option to withdraw the application for admission may be offered in cases where the LPR appears to be inadmissible on account of having been outside the United States for a long period of time.
In addition to issuing Form I-275 or I-407 indicating withdrawal of application for admission, the CBP also issues: Deferred inspection means that the officer at the port of entry, rather than making a final decision on whether to admit the applicant, defers the decision, asking the applicant to show up for an interview at a CBP office with additional documentation and for a final decision, as described in Section 17.1 of the CBP's Inspector's Field Manual.
[4] It is sometimes possible for the Immigration Judge (IJ) to allow the alien to withdraw the application for admission during removal proceedings.
Note that this applies only to Arriving Aliens, who were never admitted into the United States, but rather were stopped by CBP at the time of attempted entry and placed in removal proceedings.
An alien who receives an order of removal is subject to a re-entry bar that may be five, ten, or twenty years depending on the circumstances.
The two are similar in the following respects: However, the two differ somewhat in the context where they are offered: Like withdrawal of application for admission and voluntary return, voluntary departure requires the alien to leave the United States, but does not put a removal order on the alien's record, thereby avoiding the bars to entry that a removal order would create.