What to Expect When You Are Entering the U.S. with a Non-Immigrant Visa

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Foreign nationals with valid U.S. visas have traditionally felt safe while entering the country. Having a visa may feel like you are guaranteed entry, but it is not always the case, especially now. In fact, a lot of things can go wrong and it’s very possible to get turned away at the border. It’s good to remember that being admitted into the U.S. is not a right, but a privilege.

Customs officials at the border may select a visitor for an interview or search, and may stop or detain anyone without any particular suspicion. If they have suspicion of illegal contraband, they can go through your computer or your cell phone, as we have seen them do recently in light of recent developments in admittance procedures. If your devices are protected by a password, you may try to refuse giving the officers the password information, but such a refusal will probably result in a denial of entry.

The officials can also ask you regarding your plans in the United States and whether or not you intend to work. Sometimes questions can get a bit too personal, like whether or not you have a boyfriend or a girlfriend in the U.S. Regardless of how you feel about the questions, it is always a good idea to answer them truthfully. If you refuse to answer the questions of customs officers, you can be denied entry.

If you are a non-immigrant visa holder, you generally do not have a right to an attorney, even if you feel that the officers are being intrusive. However, you still may a request an attorney, even though it’s not guaranteed you’ll be given enough time to wait for one.

Immigration officials may deny a visitor entry for a variety of reasons, including mere suspicion of intending to stay in the U.S. permanently, intending to work, or a suspicion of having an infectious disease. Denials of entry can also happen because of old criminal convictions, past visa overstays, past working without permission or past drug use. Additionally, visitors have to show that they have sufficient funds for their entire stay in the U.S. and that they have sufficient ties to their home country. The burden is on the visitor to prove to the immigration officer that they can support themselves during their stay and that they intend to go back to their country.

While there is no appeal of a decision to deny entry, if you believe that you were treated unfairly and were denied entry for no legitimate reason, you can file a redress inquiry at Department of Homeland Security's Travelers Redress Inquiry Program.

If, however, you were found inadmissible because of one of the following serious reasons, the immigration officials can issue an order of expedited removal against you:

-          Fraud or misrepresentation [INA Section 212(a)(6)(C)(i)];

-          Falsely claiming U.S. citizenship [INA Section 212(a)(6)(C)(ii)];

-          An intending immigrant who is not in possession of a valid unexpired immigrant visa or other suitable entry document [INA Section 212(a)(7)(A)(i)(I)];

-          A nonimmigrant who is not in possession of a passport valid for a minimum of six (6) months from the date of the expiration of the initial period of stay [INA Section 212(a)(7)(A)(i)(II)(i)]; or

-          A nonimmigrant who is not in possession of a valid nonimmigrant visa or border crossing card at the time of application for admission [INA Section 212(a)(7)(A)(i)(II)(ii)].

Under these circumstances you do not have a right to an immigration court hearing or appeal with the Board of Immigration Appeals. The CBP officials have the right to detain you until they review your case and they have an almost complete control over the decision. If you are ordered removed, you cannot come back for five years, unless you file for permission to reapply for admission to the U.S. (Form I-212) and it is granted. The entire process can be scary and confusing for the traveler, because you might not be given an opportunity to explain yourself, to have an interpreter, or to call your relatives or an attorney. It is usually quick and ruthless – you can be removed in a few hours.

While no appeal is possible, you still have 30 days to file a request for review of the decision with the CBP Field Office that was responsible for the original order.

Since having an expedited removal order in your record carries harsh consequences, it is best to avoid it by any means. Thus, always tell the truth and make sure that you have been and are going to be compliant with the terms of your visa.