FORM I-867 SWORN STATEMENT
The expedited-removal regulations require more than simply obtaining a traveler’s signature. After CBP records the sworn statement, the traveler must read it or have it read to them, and the traveler must sign and initial each page and each correction.
When expedited removal is applied, 8 C.F.R. §235.3(b)(2)(i) requires the examining immigration officer to create a record of the facts of the case and statements made by the traveler using Form I-867A/B.
After the officer records the traveler’s responses, the regulation requires the traveler to read the statement or have it read to them.
The regulatory process contemplates review before signature. It also specifically contemplates corrections to the statement.
The traveler must sign and initial each page of the statement and each correction.
This requirement is important where the later CBP record contains an answer that the traveler says was inaccurate, incomplete or mistranslated.
The officer must advise the traveler of the charges contained on Form I-860 and give the traveler an opportunity to respond to those charges in the sworn statement.
An expedited-removal order entered by the examining officer must receive supervisory review and approval before becoming final. The supervisory review includes the sworn statement and any answers concerning fear of removal or return.
An inaccurate statement does not automatically disappear because the traveler later disputes it. The first step is usually to obtain the available CBP record and identify the exact discrepancy.
Depending on the problem, possible post-inspection strategies may involve CBP record correction, DHS TRIP, a targeted agency request, or other legal action. FOIA itself obtains records but does not automatically amend or overturn them.
Yes. The regulation specifically states that the traveler signs and initials each page and each correction.
The regulation requires the traveler to read the statement or have it read to them before signature and initials.
No. The legal significance of an error depends on the record, the type of defect and the limited procedures available for expedited-removal challenges.
These government materials provide the principal CBP inspection and expedited-removal rules discussed on this page.
The most useful comparison is between the traveler’s account and the signed statement, corrections, interview language, I-860 charges and supervisory record.