Who Has to Stop at the Port of Entry and What Happens If You’re Turned Away at the Border?

Can you be stopped at the border if you have a visa?

Yes, as I said before, a visa is simply a request for entry into the United States. I have many clients complain to me that an immigration official did not let them in even though they had a visa. There are many inadmissibility issues a foreign national needs to consider.

Proper Visas:

For example, if you are entering the U.S. with a tourist visa, your intention must be just that: enter the U.S., visit your family and friends, spend money, and go back to your home country after your short-term visit. You cannot be coming here to work, get married to your girlfriend or boyfriend, etc. with a tourist (B-2) visa. I cannot emphasize enough that a visa is simply permission to request entry into the U.S.—not a guarantee.

Many people try to enter the U.S. with a letter from their children saying “good luck with your new job.” Some have texts full of messages from their loved ones on how they’ll get married once they arrive in the U.S. I even had a client try to enter from Canada pulling a trailer full of home furniture, claiming he was just visiting. Needless to say, he was denied entry as a visitor.

Denied entry at the border? Don’t guess—speak to a powerful attorney today.

Remember, there’s nothing wrong with any of the above activities—if done with the right visa and the right intent. It is possible to work in the U.S. or to get married to your loved ones in the U.S., but you need to be upfront with your intent when you enter.

Inadmissibility:

There are other cases where you may be barred from entering the U.S., such as criminal convictions or prior immigration violations. You may be subject to a 5-year, 10-year, or even permanent bar from entering the U.S. resulting from your past immigration activities.

So you must be ready to withdraw your application to enter if you appear to be subject to expedited removal—because you may not be able to reenter the U.S. for 5 years. Again, it’s up to U.S. immigration officials at the port of entry to decide whether to let you in or not.

Please Note:
This blog is not legal advice. You should consult an experienced immigration attorney before starting your immigration process. It’s best to have an attorney review your case before you start because sometimes it’s better not to file anything. You can hurt your case if you apply for a benefit you’re not qualified for.

Please contact our immigration attorney at 224-328-1900 or visit us at www.metcalflawgroup.com if you have any questions.