Entering the U.S. may not be easy, even when you have a valid visa in hand says Evita Tolu, a Missouri Immigration Attorney.
The first person you meet on arrival in the United States — whether you come by air, land, or sea — will be an officer of Customs and Border Protection, or CBP. The officer will inspect your passport and documents, looking for verification that you’ve been given permission to enter the U.S., as well as any information that might prevent you from doing so. Have all your visa paperwork ready.
CBP officers are trained to be skeptical. Security is their first concern, and you may encounter delays as your name is checked against various computer databases. The officers are also on the lookout for people who might be using a tourist or nonimmigrant visa to gain entry to the United States for a permanent stay. Even if your visa and intentions are valid, if the officer finds a problem or believes you’re lying, you can be refused entry at the border, returned to your home country, and prohibited from returning for five years.
Be Prepared for Questions
Here are the most likely questions you’ll have to answer. However, the officer is free to ask you just about any question. You’ll increase your chances of being treated with respect by remaining polite and calm.
Why are you visiting the United States? Your answer must match your visa. If, for example, you have a visitor visa but say that you’re coming to find a job, you’ll be put on the next flight or bus home. Your answer must also show that you don’t plan to violate any U.S. laws.
Where will you be staying? The officer wants to know that you have clear plans for what you will be doing in the United States. If you have no previously arranged places to stay, the officer might question whether you should be allowed in.
Who will you be visiting? Again, the officer is looking to see that you have clear — and legal — plans.
How long will you be staying? The officer wants to know that you don’t plan to stay longer than you should. Even if your visa says “multiple entry” or “one year,” you may not be allowed to remain for that length of time — the little I-94 card you’re given by the officer will tell you the date by which you must leave.
How much money are you bringing? The officer wants to know that you will be able to cover your expenses in the United States.
Have you visited the United States before, and if so, did you remain longer than you were supposed to? If you have previously stayed in the United States for six months longer than you were allowed, you are not eligible to come to the United States again without special permission (unless you’ve waited outside the United States for at least three years). If your overstay lasted a full year, you’re expected to remain outside the U.S. for ten years before trying to return.
How often do you come to the United States? The officer is looking to see whether you are using nonimmigrant visas as a way of living in the United States — in which case you’ll be accused of misusing your visa and be denied entry.
Know Your (Lack of) Rights
Foreign nationals attempting to come to the United States, either temporarily or permanently, have very few rights during the application and screening process. You cannot have a lawyer represent you when you attempt to enter the U.S., nor are you allowed to call one if problems occur during your interrogation. Your bags can be searched without your permission, and CBP officials can ask you almost any question.
Only in rare cases, such as if you feared persecution in your home country, will you be allowed to appear before an immigration judge to prove that you should be allowed into the United States.
Be Prepared for a Luggage Search
The border official may also check your suitcases and personal possessions, so:
Make sure nothing that you bring appears to contradict your visa status. If you are coming as a tourist, don’t bring along a book on how to immigrate to the United States or a stack of résumés. You might have these things simply because you have future plans to apply for immigration, but the CBP won’t see it that way.
Do not bring illegal or questionable items. It may be legal in your country to carry a firearm (a gun), but it is not legal to bring it into the United States — and if you have one in your luggage, it could lead to your immediate removal. Make sure you are not carrying other illegal or questionable items, such as illegal drugs, pornography, or plants, fruits, and animals of types or species that are not allowed into the United States.
© 2009 Nolo