Almost a million people visit the US daily to pursue their American dream. Whether you are entering the U.S. with a non-immigrant visa or green card, or perhaps you are from a country that does not need you to acquire a visa, the CBP officer is the first individual you will meet once you land here. That is true regardless of whether you arrived in the country by air, sea, or land.
The CBP (Customs and Border Protection) officer will conduct a thorough inspection once you land here to check for compliance with the strict customs, immigration, and agricultural regulations. He/she will also ask you investigative questions to draw information on whether you should be in the country in the first place.
Hence it is important to know what to say and not say during your interview and inspection by the CBP officer. These officers have significant training in interviewing people from all walks of life, and security is their first concern.
Even if you have every documentation necessary to stay or live in this country, you should know what to expect once you land here for a quick and smooth process at your point of entry. Read on to learn more about what to expect when entering the U.S.
What Every Individual Should Remember When Entering the U.S.
While traveling can be a nerve-wracking experience, being prepared for what to expect ahead of time can make the process hassle-free. With adequate preparation, your traveling or relocation experience can be enjoyable. Below is a guide on what to expect when entering the U.S., whether by land, air, or sea:
Be Prepared for Delays and Queuing at Your Point of Entry
Once you land in the country, there are chances that you will meet a queue of several people waiting for screening at the “primary” point of inspection. As mentioned earlier, security is a priority when entering this country by sea, land, or air.
Hence, you should expect the officer in charge to scan your fingerprints electronically unless you are free or exempt from this legal prerequisite due to your unique visa type or age. The officers you meet at this primary inspection point will check your legal name against several online databases and verify your identity.
The purpose of doing this is to determine whether you pose a health or security threat. Even if you have a valid visa, when the officer discovers an issue that is not resolvable immediately, the officer will send you to the “secondary” inspection point for a possible long interview.
A reasonable belief that you pose a security threat in the country or are being dishonest is enough for the officer to send you to the secondary inspection point for further investigation. When the officer conducting investigations at the secondary inspection points finds that you ineligible to be in the country, he/she can:
- Send or deport you back to your country.
- Prohibit you from returning to the country for five (5) years.
Fortunately, eligible candidates can avoid these delays and long queues when entering the country by applying to be a member of the government TTP (Trusted Traveler Program), which is available specifically for people from “low-risk” countries.
Approval to be a member of this program means you will enter the country via a kiosk (typically located at specific airports) instead of standing in the time-consuming passport inspection and control queues.
The only exception to this seamless entry process is when you have a large sum of currency or particular goods. In that case, you should pass through the usual inspection process, even if you are an approved, trusted traveler.
Be Prepared for the Possible Questions by the CBP Officials
Although the investigating CBP officer has the leeway to ask an immigrant or visitor any question before entering the country, below are the possible questions he/she could ask you:
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What is Your Reason for Visiting This Country?
Whatever answer you give to this question should match your non-immigrant visa type or the necessary legal requirement for being in the country visa-free. For instance, if you have a tourist visa (B-2 visa) and decide to tell the CBP officer you are here to seek a job, he/she will likely deny your entry into the country.
The answer you give the investigating officer must prove that you are willing and ready to abide by the required laws in the county.
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How Long Will Your Stay Here Be?
The officer will not ask you this question if you have a green card or immigrant visa because it means you are approved to live here permanently. However, if you are a non-immigrant visa holder, meaning your stay here will be temporary, you should answer this question truthfully.
Typically, the officer will ask you this question to confirm that you do not intend to overstay as per your type of visa. Even if you have a 10-year “multiple entry” visa, it will be illegal for you to remain in the country for longer than six (6) months on a tourist visa.
Your I-94 departure/arrival record will typically inform you of the specific date you should leave the country after you enter the country by sea or air. Other entrants could receive a small-sized card stapled or attached to their passports indicating when they should leave the country.
If you have a student or work visa, your length of stay here must match the duration of your course or job, respectively. Remember to obtain your 1-94 online soon after you land here if you did not receive a green or white card to ensure it has accurate information about your immigration status and expiry date.
As proof that you are in the country lawfully, it is advisable to carry a printed copy of the I-94 record with you wherever you go.
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Where Will You Stay or Live?
The CBP officer will also want to know where you will stay, particularly if you have a non-immigrant visa. The main reason for asking this question is to be certain that you have a clear plan of what you intend to do here during your stay. If you have no plans for where you will stay or live, the officer could question your intentions of traveling here.
Therefore, it is important to make necessary plans for your place of stay ahead of time if you have a non-immigrant visa or you intend to stay here temporarily.
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Who Are You Visiting?
The CBP officer will most likely want to know who you are visiting here, especially if you have a B-2 tourist visa. Specifically, the officer will ask you this question to see whether you have valid and clear plans.
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Have You Ever Visited Here in the Past, and If So, For How Long?
For those who have previously visited here, the CBP officer will want to know for how long you were here to determine if you adhered to the length of stay as required by your visa type. If you had an overstay, the CBP officer would want to know why. though
On top of that, he/she could also want evidence to back up or support your explanation or answer for your extended stay. For instance, if the CBP officer knew you were here to explore DisneyLand for two weeks on your previous visit, but you extend your stay for three months due to severe health issues, you should be ready to provide medical records to prove you were sick.
A receipt or documentation showing your medical bills during that period is enough to prove your extended stay was unintentional. Generally speaking, a previous extended stay will require a reasonable explanation even if you did not remain in the country beyond the agreed length of time permitted on your visa type.
If you previously stayed here for more than six months beyond the permitted period, you could be ineligible to visit this country without special legal permission, known as a waiver. However, if you overstayed for more than a year, you could receive a punishment requiring you to stay outside the country for up to ten (10) years before applying for a return.
On the other hand, if your home country does not require you to have a visa and you overstayed, the CBP officer could require you to go back to your country and secure a visa.
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How Much Money Do You Have for Your Trip, and Who Will Pay?
Another common question the investigating officer could ask you when you enter the country is the amount of money you have for your trip and who is sponsoring the trip. Specifically, these questions are for people whose trip here is temporary.
The officer will ask you this question to determine if you have sufficient money to finance your activities for the period you intend to stay here or are permitted to stay here.
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How Often or Frequently Do You Travel to this Country?
The CBP officer will often ask this question to determine if you are possibly misusing your temporary tourist visa as a reason for working or living in this country permanently without a green card (permanent residence visa). When the officer finds out you are misusing your temporary non-immigrant visa type, you will likely be ineligible to reenter the country.
Beware of Your (Lack of) Legal Rights
Whether you are coming here permanently or temporarily, you should be aware that you have limited legal rights during your visa application and the screening process. Typically, you have no legal right to retain the services of an attorney during the inspection process. However, you could be allowed to hire an attorney in rare cases, depending on your unique situation.
Also, the CBP officer can electronically search your electronics and bags without your consent or specific reason, and he/she can typically ask you any questions. Generally speaking, all searches the CBP officer will conduct when entering this country are reasonable, and you have no legal right to privacy.
Therefore, it is wise to comply with every search requirement at your point of entry to avoid missing your chance to pursue your intended goals here. While it is rare, the CBP officer could allow you to see an immigration judge if your reason for traveling here is because you are afraid of persecution or mistreatment in your motherland.
However, to qualify to see a judge, the investigating CBP officer must have a reason to believe that your alleged fear is reasonable or credible, meaning you deserve protection as a refugee or asylum. In that case, you should be ready to prove to the immigration judge that you deserve protection (asylum).
Be Ready for a Thorough Luggage Search
While the 4th Amendment of the Constitution protects citizens against unlawful and unreasonable searches by the government, this protection does not apply to people seeking to enter this country via air, sea, or land. Since the CBP officer can search your luggage and belongings, you should ensure that:
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Everything You Have Inside Your Luggage Does Not Contradict Your Specific Visa Type Status
If you have a tourist visa, do not carry a pile of resumes because it could show the CBP officer you are here to seek a job. Similarly, do not carry an immigration guide or book because it could mean you intend to seek permanent residency with a temporary visa.
Although your reason for carrying the immigration guide is that you have plans to make a green card application, the CBP officer will likely not understand that. Hence, leaving it in your home country would be wise to avoid unnecessary issues with the CBP officer at your point of entry.
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You Do Not Have any Questionable or Illegal Items
It could be lawful to carry marijuana (cannabis) or a firearm in your home country, but it is illegal to carry it here. If the CBP officer finds any contraband or illegal substance on your person or luggage, it will lead to your immediate deportation or removal from the country.
Therefore, when preparing for your trip here, ensure everything you have in your bag or luggage is not questionable or illegal. Below are examples of illegal items that could lead to deportation after landing here:
- Unlawful drugs.
- Particular fruits or plants.
- Specific species of animals.
- Pornography.
Be Ready for Possible Medical Screening or Check-Up
If your home country has a high rate of infectious diseases like cholera or any other disease of concern, the CBP officer will require you to fill out or complete a particular health documentation. Then, once you pass these crucial check-ups, you will most likely undergo additional medical screening, which involves:
- Your temperature check.
- Your urine test (urinalysis).
- Other necessary medical screening.
When it comes to COVID-19 cases, these medical screening procedures are subject to change at any time. For that reason, you should check the CDC (Centers for Disease Control) website in the international travel section for the newest updates on the issue of this deadly disease.
Legal Grounds or Reasons for Inadmissibility in the Country
Even if you have a valid non-immigrant visa or green card, you could be ineligible to enter the country under certain circumstances. Below are some of the major grounds that can make you inadmissible in the country:
- You have multiple criminal convictions.
- You have a history of terrorist activities.
- You have a history of drug abuse or trafficking.
- You have a history of infectious diseases like cholera and tuberculosis.
- You have past convictions for crimes of moral turpitude, for example, sexual assault, child abuse, assault or murder.
- You have severe mental disorders that could cause harm to other people.
- You have a history of violating immigration laws.
Typically, any person applying for admission to this country will undergo a thorough check to see if they are inadmissible. If the CBP officer finds you inadmissible for any of the above reasons, you will be ineligible to enter the country. However, under certain circumstances, there are chances that you could overcome this inadmissibility bar.
If you fall into one of these grounds of inadmissibility, you could qualify to obtain a green card if any of the following is true:
- Your mental disorder is curable or treatable.
- An error or mistake in your case led to the inadmissibility consequences.
- Your doctor’s diagnosis that you have a mental disorder was wrong.
If none of these facts apply to your case, you can also apply for a waiver to ask the immigration court judge to overlook this issue and allow you to enter the country. An immigration attorney can help you apply for a waiver if you have an admissibility issue to increase your chances of qualifying for entry or re-entry into the country.
Find an Los Angeles Immigration Attorney Near Me
Choosing to immigrate or visit the U.S. can be an overwhelming and exciting experience. However, without proper preparations ahead of time, a minor issue could affect your eligibility to enter the country. Now that you understand what to expect when entering the U.S., you should begin making all the necessary preparations ahead of time for a seamless entry once you land here.
Our attorneys at California Immigration Attorney can help you if you need to apply for a waiver of inadmissibility or have any questions regarding entering the U.S. via air, land, or sea. Call us at 424-789-8809 to schedule a consultation with our experienced immigration attorneys today.