What happens at the Port of Entry (Airport) when entering on a non-immigrant visa.
Contrary to popular belief, a non-immigrant such as H1B visa, B1/B2 visa, F1 visa are no guarantees of entry in the United States. A visa stamp on the passport is just a document to board a plane and to come to the port of entry, where an immigration officer (Custom Border Patrol aka CBP officer) will make a determination whether they will let you inside or not. At the airport, the officer will look at your visa, ask you questions on the purpose of your entry, and take a fingerprint notice and “eye scan” then weigh in if they will let you inside the United States. The officer might also put you in secondary inspection, where you might be held for few hours and questioned then the officer(s) will decide:
a) to allow you inside the United States;
b) deny you entry and ask you to leave without marking it as removal; or
c) put you in summary removal proceedings (which carries a bar of 5 years non entry)
Note that sometimes, the secondary inspection can be called a a later stage at the Department of Security’s office. Those who are more likely to get a secondary inspection are those whose are:
1. under investigation for complaints 2. who have criminal convictions 3. possible security threats (according to the US background check) 4. who works for companies under investigation 5. issues based on the countries where to traveled previously.
These are possible questions which you might get at the airport:
B1/B2 Business/Vistor visa possible questions:
a. What is the purpose of your visit to the United States?
b. Where are you staying?
c. Who are paying for your expenses?
d. How long do you intend to stay?
e. Do you have any relatives in the United States?
f. Do you intend to file for a permanent residence (green card) when you enter?
g. If you are coming for business, what is the type of business?
h. If you are coming for a convention, where is the convention?
For F1 Students
a. How are you paying your tuition fees?
b. If you are entering far from the commuting distance from the school, you might have some explanation to do.
Tips for For H1b and H4 holders
a. Make sure you have an employment letter with you to prove your job.
b. Make sure you know about the company and any end clients.
c. H1b holders need to carry your I-797 approval notice and
d. A valid passport for a validity of at least six months. Note that the I-94 will end with the passport expiry even if the I-797 give you more time.
There are no magical answers for any of those except you should tell the truth and be logical. For example someone on visitor visa with an air ticket expiring in six weeks, cannot ask for 6 months of I-94. H1B holders should know exactly where they are working and for whom they are working.
Depending on how you answer, the officer will decide as his/her discretion to allow you in the United States. In some cases the officer might write “no COS/ no AOS” or something to this effect applicable to B1/B2 or F1 only. This means you will not be allowed to do a change of status or an adjustment of status while you are allowed inside the United States.
The best advice is to make sure you are prepared and know that your rights at the port of entry is very limited. Also if you are seeking asylum, note that you will be mandatorily detained. Lawyers are usually not allowed at the port of entry except at the discretion of the CBP officer.
We recommend to be ready before you enter. If you need assistance with any immigration matter, please call us at (510) 742 5887
