Over the past few weeks, the surge in international visitors trying to enter the United States from other countries has been denied entry to border crossings, leading to deportation from home countries or days or weeks of detention.
A 28-year-old British woman arrived in the UK earlier this week after being detained at a Washington immigration detention center for three weeks. She was about to enter the US from Canada, but whether she had the correct visa raised questions on land across the border.
Her ordeal came shortly after two German tourists were deported in separate incidents after attempting to enter the United States from Mexico. Both have spent several weeks at San Diego detention centers, and both said it is unclear why they were detained and deported.
The incident sparked international concerns about what travelers could expect at US border crossings. Most citizens of most European countries have enjoyed visa-free travel to the US for up to 90 days over the years.
Here's what you need to know about travel visas and rights for international visitors entering the US:
The basics of coming and going to the US
Those seeking to enter the United States who are not US citizens must have a valid passport that is not set to expire within six months. Additionally, most people need an electronic system of travel permits known as ESTAs for citizens of countries who require a visa or participate in a visa-free travel agreement.
ESTAS applies online by submitting a valid passport photo (or computer scan) and an email address, home address, telephone number and emergency contact information.
Denver immigration lawyer Jeff Joseph said that for citizens of countries that are not part of the visa-free program, most visa reviews occur at the visitor's home consulate. Consulate officials are looking for signs that people are planning to overstay tourist visas, and will work among other things.
According to Joseph, a visa (or approval) is simply an entry document for taking people to airports and land borders. It does not guarantee entry to the United States. Once travelers arrive, they must follow the instructions to prove they intend to use their visa.
Immigration officers usually ask daily questions about the purpose of the visit, the length of their stay, the plans that travelers will be staying, and what they will do. Visitors can be taken for a second question, but this is longer and more detailed.
The most common visas for visitors
The US has three categories of visas for non-immigrant visitors. A visitor visa for those who wish to participate temporarily for business purposes known as B-1. A tourist visa known as the B-2. and a combined visa for both purposes (B-1/B-2).
The visa itself is valid for up to 10 years, but visitors are permitted to stay in the country for at most six months.
According to the State Department, travelers with these tourist visas are not permitted to study, do permanent work, perform paid leave, arrive as members of the crew on aircraft or ships, work in foreign presses, work in foreign presses, or carry out permanent residence.
To obtain these visas, future visitors will need to complete the online application, provide the necessary documents such as passports and photos, and schedule a visa interview. The interview costs $185.
Officials “have the authority to grant or deny entry to the United States,” according to the State Department, the Department of Homeland Security and the U.S. Customs and Border Protection.
Countries with Visa-Waiver Program
The Visa-Waiver program, which allows most citizens to travel to the US for business or tourist purposes for up to 90 days, applies to 43 countries. In return, US citizens can travel to those countries for similar periods without a visa.
The program began in 1986 and is considered a “security partnership” with US allies.
Travelers still need a valid ESTA to enter the country. The application costs $21 and the approval is active for 2 years. The ESTA must be obtained at least 72 hours before boarding the flight.
There is fine print. For example, if you visit a certain country after a certain time, such as Cuba after January 12th, 2021, you will not be able to obtain an ESTA. If you do not qualify for the ESTA, you will need to obtain a tourist visa.
People entering the United States at ESTA are not permitted to study or work permanent jobs.
In this process, visitors “waive” many rights, Joseph said. Therefore, those using this program are subject to forced detention.
What rights do visitors have?
Federal US law gives government agents the right to search for people's property, including cell phones and laptops, at border entrances. According to the American Civil Liberties Union, they don't need to be suspected of fraud to search.
All visitors have the right to remain silent. However, the burden of proof rests on the visa holder. For example, if an officer asks if someone is planning to work on a tourist visa and the person is silent, the officer is likely to refuse to enter them, Joseph said.
If a person is deemed unacceptable during the questioning, they may withdraw their intention to enter the country and may then be permitted to return to their home country. Their visas are cancelled and they often return home for their next flight. However, officers can deny withdrawal, at which point the visitor will be detained.
These conflicts technically occur abroad, so the rights outlined in the US Constitution do not apply, Joseph said, and detainees are not necessarily qualified as lawyers. The government has around 90 days to deport people. If detainees do not cooperate by providing correct travel documents, the period can be extended. At that point, you could be subject to criminal proceedings. Following the removal order, people are prohibited from entering the United States for five years.
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