Every year millions of tourists, students, and workers travel into the United States from all over the world. And even though people pass through airports and ship ports by the hundreds, their presence does not go unnoticed. In fact, prior to departing on your trip to the United States, you must obtain the proper travel documents, such as a passport or visa. Sometimes, however, you may be questioned or even refused entry even if you have a presented a visa, explains Shawn Sedaghat, an immigration attorney in the Los Angeles area, because of the following reasons:
- If you have been convicted of a crime previously in the United States, then you will not be allowed to return to the country for an allotted period of a time. If it is discovered that you are trying to regain entry before your exclusion period has expired, then you may be banned from ever returning to the country.
- If you have previously been deported from the United States, you can be barred from reentering the country for up to 10 years. If you wish to regain entry before your allotted time period has expired, then you will need to apply for a waiver from the American embassy nearest to you.
- If you have stayed in the country longer than the allotted time period that is stated on your visa, or if you have traveled into the country via the Visa Waiver Program (which means that you are traveling between America and Europe) and did not return as scheduled, then you must indicate your overstay on your visa from here on out. This may or may not render you ineligible to return to the United States, unless you obtain the proper waiver from the American embassy.
If you are refused entry into the United States at a port of entry, such as an airport, then you will be returned to your country of origin via the same airline on which you flew into America on, says Sedaghat. This trip will be free of charge, he adds, because it is the responsibility of the original country to inspect every passenger’s visa prior to departing for America. Therefore, it is also that country’s responsibility to make sure that anyone who is excluded returns back to the region of his original departure.
In an effort to protect the country, the United States Department of Homeland Security randomly selects passengers who will undergo a random inspection and questioning period. Typically, about one or two passengers from every plane partake in the additional inspection to make sure they are legally permitted in the country, Sedaghat says. If you are asked to step aside for questioning when you get off the plane, you should also be prepared to answer further questions about your intentions in America. It is always assumed that you are coming to the United States to become an immigrant, he explains, and you must prove that it is not your intention to stay permanently within the country. You may be asked to produce proof that you have already purchased your return ticket, or that you have strong ties — such as a job, home, or family in your country of origin- that you would not want to leave behind for a life in America.
Additionally, many countries including the United States now use something called biometrics to ensure that everyone entering the country is legally permitted to do so. This process is generally quick, and involves fingerprinting and photographing you as you arrive in America. Then, your information is scanned through the system to ensure that you are in fact who your visa says you are. These added measures have also helped cut back on identity theft attempts.
If at any time you are denied entry into the country, or are in jeopardy of being deported, you should contact an immigration attorney right away. He will be able to review your particular situation and help you compile the information and paperwork you need to resume your original travel plans.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Neither publication of this article nor your receipt of this article creates an attorney-client relationship.
