Saturday, May 21, 2011

Tips for Improving Your Chances of Getting Cleared by US Customs at an Airport

1) Be honest, upfront, and polite with the Customs & Border Protection (CBP) agents. They are trained to detect when you are lying so don’t even try, it will only hurt you. Being upfront with the agents is especially in your interest because during the admission process at the border/point of entry they are the only people who can help you. You have no right to an attorney during this time. The CBP agents have a certain amount of discretion and you want to make sure that they will feel inclined to exercise it with you, if necessary, to admit you to the US.

2) Make sure you bring detailed documents with you to present to the CBP. This means more than simply your visa. Most importantly, non-immigrant visitors need to show reasonable ties and equities to and in their home country. This means you need to have documentation showing employment, family, and social ties to a residence abroad, and adequate financing arrangements to carry out the purpose of your visit.

If you are traveling to the US for an employer, make sure you have a letter from the employer detailing the purpose of your visit and the activities you will engage in during the visit. Remember, the burden is on you to prove that you are not inadmissible to the US. (No criminal convictions, prior immigration law violations, etc.) In general, this means you need to show that you have proper documentation and the requisite intent for the type of visa for which you applied. Common sense applies here. For example, if you are coming to the US for a three-day conference on a B-1 visa but your return ticket isn’t until 90 days later, you can expect that this will raise a red flag for CBP.

3) Make sure that you have a good phone number for the employer sponsoring you or the employer’s immigration attorney, or, if visiting family or friends, then the family meeting you, or your own immigration attorney. It’s best to have both a regular phone number and cell number for one or more of these people. CBP may call them to help answer questions that the agents have about your situation. Having the phone number of someone who is knowledgeable about your situation and available can make the difference between having to withdraw your application for admission and fly back to your country of origin the same day or being admitted to the US.

4) If you are offered the choice to voluntarily withdraw your application for admission because CBP does not believe you are telling the truth or you do not have proper documentation and they are unable to contact anyone that can clarify your situation (and you do not have a credible fear of returning to your own country or an asylum claim), it is always preferable to accept this offer rather than force CBP to use the alternative, which is expedited removal.

If you have committed visa fraud, and/or made misrepresentations starting back with the US consulate in your home country--this does not apply to asylum cases--then you can expect that CBP will order an expedited removal. This means you will be returned to your home country (or country of last embarkation) with no hearing and a permanent bar from returning to the US. (If CBP issues an expedited removal order for simply lack of documentation, there is only a five-year bar to returning.) In most cases, you will be put on the next flight back, using your return ticket if possible. The air carrier is liable to the US government to return anyone who is inadmissible, so most likely you will be sent back on the same carrier, or a code share partner. And, even though the carrier must fly you back, it will certainly look to you to pay the cost of the ticket.

An important note about the expedited removal power: an expedited removal order under INA 212(a)(6)(C) is for fraud and misrepresentation, and results in a LIFETIME bar from re-entry to the US. An expedited removal order issued under INA 212(a)(7) is for lack of documentation and results in a 5 year bar to re-entry. Not surprisingly, it is much harder to get a waiver to return to the US if you were removed under the (a)(6) ground than (a)(7).

The bottom line is that the best way to improve your chances of getting cleared by US Customs at the airport is to make sure you are traveling on the correct visa, bring copies of the appropriate documentation with you, bring phone numbers for contacts in the US who are available to speak to CBP to address any problems that may arise, and, above all, be honest!

If you have any concerns about you or a family member traveling to the US, consider consulting with an immigration attorney that is knowledgeable about CBP procedures. Advance planning can go a long way to improve the chances of CBP clearing you or your family member and admitting them to the US.

Also, frequent international travelers—non-citizens and US citizens alike—should apply for the CBP’s Global Entry program, which allows you to enter the US using automated kiosks at the airport.


19 comments:

  1. This comment has been removed by the author.

    ReplyDelete
  2. Great information, I wish I would have found this sooner! My husband and I were traveling outside of the country for business and weren't sure what to expect so we hired an immigration lawyer. This information would have been super useful to us during that time.

    ReplyDelete
  3. This is a really good read for me. Must admit that you are one of the best bloggers I have ever read. Thanks for posting this informative article.

    granite countertops delaware de

    ReplyDelete
  4. It is such a nice topic for discus and i think the above tips are good for getting cleared of US customer at airport. To follow that tips they can't face any problem.
    Best DUI Lawyer Toronto

    ReplyDelete
  5. I really enjoyed your blog throughout all the time I have spent on it. Thanks for providing the useful information.
    immigration attorney

    ReplyDelete
  6. The process for obtaining a marriage in USA green card can take somewhere around 6-12 months from the submission of application. The green card processing time may also vary depending on the outcome of medical tests and submission of required documentation. If you have a delay in any of these aspects, this will eventually lead to a delay in getting the green card. Adjustment of status

    ReplyDelete
  7. I need to get an immigration law attorney in chicago il... Any suggestions on where I can get a really good one?

    ReplyDelete
  8. Very informative blog post.
    Thanks for sharing :)

    ReplyDelete
  9. I found this blog very informative and I would like to see some more blogs on this topic.
    Weiss, P.A.

    ReplyDelete
  10. Really what a useful blog and impressive tropic to Immigration Lawyer
    Pleasanton immigration lawyers

    ReplyDelete
  11. It’s a classic great for me to go to this blog site, it offers helpful suggestions New York Arraignment Lawyer

    ReplyDelete
  12. I have only had to deal with immigration lawyers once. It was for a friend that moved from Mexico. I hope that he is doing okay. http://www.immigrationlawaustralia.com.au

    ReplyDelete
  13. At divorce attorney Las Vegas Services our divorce attorneys believe in taking a more sophisticated approach to solving tough cases.

    ReplyDelete
  14. Congratulation,for the post.This is a very costly present.I am so satisfied to get this post article.I was anticipating get such a post which is exceptionally useful to us.Keep it up.I know something information, to know you can click here immigration lawyer

    ReplyDelete
  15. It is great to know more about how to get through customs easier. That can be such a stressful process and even the slightest mistake can make the process slower. In situations like that it is best to be prepared. http://www.optimamigration.com.au

    ReplyDelete
  16. Wow, it seems like there are so much paperwork to show to U.S. customs. I'm pretty sure that an immigration attorney would provide the same advice to his or her client.Well, I guess it's all policies and rules to follow in order for immigrants to make it to the U.S. http://njimmigrationattorneys.com

    ReplyDelete
  17. I am all time fond of reading the blog, when I reached to this blog I wondered to read such informative article, it inspired me a lot thanks. Solicitate

    ReplyDelete