In recent weeks, a wave of international visitors attempting to enter the United States from other countries have been denied entry at border checkpoints, leading to deportations back to their home countries or days or weeks in immigrant detention.
A 28-year-old British woman arrived in Britain earlier this week after being held in an immigration detention center in Washington state for three weeks. She attempted to enter the United States from Canada, and questions arose about whether she had the correct visa.
Her ordeal came shortly after two German tourists in separate incidents were deported after trying to enter the United States from Mexico. Both spent weeks in a detention center in San Diego, and both said they were unsure of the reason for their detention and deportation.
The incidents have raised international concern about what travelers can expect when trying to enter the U.S. Most citizens from most European countries have enjoyed visa-free travel to the United States for up to 90 days for years.
What you need to know about travel visas and the rights of international visitors entering the United States.
Basics of Entering and Exiting the U.S.
People seeking to enter the United States who are not American citizens must have a valid passport that will not expire within the next six months. Additionally, most people need a visa or, for citizens of countries participating in the visa waiver program, an Electronic System for Travel Authorization, known as ESTA.
ESTAs are applied for online by submitting a photo, a valid passport, as well as an email address, residential address, phone number, and emergency contact.
For citizens of countries that are not part of the visa waiver program, visa applications occur at consulates in the visitors’ home countries. Consulate officials will look for signs that people plan to stay beyond the duration of their tourist visas or if they intend to work, among other things.
To this end, immigration agents will ask routine questions, usually about the purpose of the visit, the length of stay, where travelers plan to stay, and what they plan to do. Visitors may be taken for a second round of questioning, which is longer and more detailed.
Most Common Visas for Visitors
The United States has three categories of visas for visitors: a visa for those who want to enter temporarily for business purposes, known as B-1; a tourist visa, known as B-2; and then a combined visa for both purposes — a B-1/B-2.
The visa — or authorization — is merely an entry document to get people to the airport or a land border. It does not guarantee entry into the United States. Once a traveler arrives, they must prove they intend to use the visa as instructed.
Although the visas themselves are valid for up to a decade, visitors can only stay in the country for six months at most.
Travelers with these tourist visas cannot study, work in a permanent job, perform any paid presentations, arrive as a crew member on an aircraft or ship, work in foreign press, or have permanent residency, according to the State Department.
What Rights Do Visitors Have?
U.S. federal law gives government agents the right to search individuals’ property, including their phones and laptops, at border entry points. They do not need to be suspected of wrongdoing to be searched.
All visitors have the right to remain silent. But the burden of proof falls on visa holders. For example, if an officer asks if someone plans to work with their tourist visa, and that person remains silent, the officer will likely deny entry.
If a person is deemed inadmissible during questioning, they may withdraw their intention to enter the country and may then be allowed to travel back to their home country. Their visa is canceled, and they often take the next flight home. But an officer may also deny voluntary departure, and the visitor is detained.
As these confrontations technically occur outside the country, the rights described in the U.S. Constitution do not apply, and detainees do not necessarily have the right to an attorney. The government has about 90 days to deport individuals. This period can be extended if detainees do not cooperate by providing the correct travel documents. After a removal order, individuals are barred from entering the U.S. for five years.
Source: The New York Times