What is an 'arriving alien' defined as?

The term 'arriving alien' is specifically defined in immigration law as an applicant seeking admission at a port-of-entry. This definition emphasizes the context of individuals who are seeking to enter the United States from abroad and who are subject to inspection under U.S. immigration laws. Such applicants may include non-citizens who are looking to establish their eligibility for entry, whether for tourism, work, study, or other purposes.

This definition is crucial because it sets apart those who are actively seeking to enter the U.S. from other categories of individuals who may have different legal statuses or circumstances regarding their immigration. For example, a citizen attempting to re-enter the U.S. would not be classified as an 'arriving alien' since they have the right to enter the country, nor would an individual already present in the U.S. who has overstayed their visa, as they are not seeking admission but rather dealing with their current immigration status. Additionally, not all individuals not holding a visa would be classified as 'arriving aliens,' since it depends on their status and location relative to U.S. borders.