The vast majority of people who need to pass a secondary inspection at the border will have no problem and will be allowed to enter after a short delay. It´s also possible that in certain cases a foreigner is authorized to enter the country but is given an order to appear before an immigration judge.
This only happens if the immigration officer decides so (it´s not the foreigner's right) and as a prerequisite, it´s necessary to at least have a valid visa. This means this does not apply to persons authorized to travel without a visa, including those in the Visa Waiver Program, which will not be sent to a judge if problems surge.
Could an immigration officer ban my entry to the US and send me back home even with a visa?
This is a possibility, approximately 210,000 people a year are banned from entering and returned to the place where their trip originated.
In these cases two situations can occur:
- That the immigration officer accepts a withdrawal of the request to enter the US, which is the most convenient.
- That immigration authorities order an immediate expulsion, with which the affected person is prohibited from returning to the United States for five years. In addition, your current visa will be canceled. And if it´s a person on the Visa Waiver Program, this individual will not be able to travel with the ESTA and will need to previously request a visa to travel.
You must take into consideration that in order for a foreign person to enter the United States, he or she must meet two conditions: be eligible and be admissible. Having a valid visa or being from a country that allows traveling without a visa is not enough.
What should I do if they always send me to a secondary inspection? What if there´s wrong information about me in the system?
The DHS has a system to communicate these sorts of complaints in order to attempt to correct possible errors. What you need to understand is that foreigners don´t have a right to enter the United States, even if they have a valid visa; therefore, there is no violation of a right that doesn´t exist. You cannot sue since there is no right to demand. Yes, you can try to fix mistakes or let time pass in case you were punished for certain actions.
It´s possible that a person who has never had any problem to enter the US faces trouble one day. That could be because certain elements can be interpreted and analyzed differently, according to the immigration officer that you get. It´s also possible that information, recent or old, contained in TECS requires a second inspection. We insist, an approved visa doesn´t mean you automatically get to enter the United States, you still need to pass border control, and you will have to answer another whole set of questions there. We know this whole procedure could seem aggressive or plain rude to many, but we also ask you to put things in perspective. A country has the right to protect its borders and, in the end, this is all for your own security too. Contact us at Visa USA Now for more information on how to get started with your visa application or any other concern you may have regarding tourist or student visas.