If a noncitizen is apprehended while attempting entry into the U.S., how are they classified?

When a noncitizen is apprehended while trying to enter the United States, they are classified as an arriving alien. This classification is significant because it distinguishes individuals who are physically present in the U.S. at a port of entry (like a border or airport) and have not yet been formally admitted into the country.

Arriving aliens typically go through a different legal process than those who are already within the U.S. and may still have opportunities to seek asylum or other forms of relief before being subjected to removal proceedings. Recognizing someone as an arriving alien allows border patrol and immigration officials to apply the specific immigration laws that govern individuals seeking entry, encompassing a range of protections and proceedings designed to ensure that their rights are upheld.

The other classifications involve individuals who may already be in the U.S. or those granted specific statuses, which do not apply to someone apprehended at the point of entry while attempting to cross the border.