APIS VETTING BEFORE DEPARTURE
Commercial airlines transmit passenger information to U.S. authorities before departure. Under CBP’s Advance Passenger Information System procedures, a carrier can receive a “not-cleared” instruction that prevents it from boarding the passenger unless and until the issue is resolved.
CBP regulations require commercial carriers to electronically transmit specified passenger-manifest information through APIS for flights arriving in the United States.
A traveler can therefore encounter a U.S.-government-related boarding problem before the airplane leaves the foreign airport.
CBP’s APIS rules provide for electronic vetting responses to carriers. A passenger subject to a “not-cleared” instruction cannot be boarded unless the passenger is later cleared.
The published APIS rule describes “not-cleared” responses in the context of passengers requiring additional security analysis, including possible watchlist matches or records that cannot initially be adequately vetted.
Do not automatically interpret “not-cleared” as a formal INA §212 inadmissibility finding. It is a pre-departure vetting instruction to the carrier.
The APIS rule requires the carrier not to issue a boarding pass to a passenger subject to the applicable not-cleared instruction and not to transport that passenger’s baggage unless clearance is later received.
Published CBP procedures provide for additional analysis after an initial not-cleared result. A passenger may later be cleared or otherwise receive a different screening result depending on that review.
Airport personnel may simply tell a passenger that the airline cannot board them. The traveler should attempt to determine whether the reason was a U.S. government not-cleared response, an invalid travel document, ESTA status or another carrier issue.
DHS TRIP is the government redress program for travelers who experience recurring screening problems or believe government information is inaccurate. It does not guarantee that a specific immigration or security issue will be removed.
No. A pre-departure APIS not-cleared response is not itself an expedited-removal order.
The applicable APIS rules prohibit boarding a passenger subject to a not-cleared instruction unless clearance is subsequently received.
No. The published APIS rule describes a security-vetting instruction and it should not automatically be converted into a particular statutory inadmissibility finding.
These government materials describe the carrier-document, APIS, ESTA and visa rules discussed on this page.
A recurring APIS-related boarding problem should be distinguished from a visa, ESTA or ordinary document problem before deciding how to respond.