Why does this happen and what should be kept in mind to avoid such undesirable consequences? These and other questions are answered by American attorney Irina LEMBERG.
– Do immigration officials have the right to deny entry to a foreigner who has a visa, i.e., permission to enter and temporarily stay in the US? Do such actions not contradict the law?
– I will say right away: employees of the Immigration and Naturalization Service act within their authority. The fact is that many people have a wrong idea about visas. By becoming a visa holder, you acquire only the right, but not a guarantee, to enter the country. The final decision belongs to the immigration officials who meet you at the airport or other border crossing point. This is where the document check begins and many circumstances and details are clarified, which often leave visitors at a dead end.
Doubts and suspicions that arise among the inspectors give them reason to conduct a more thorough and comprehensive investigation, which can last for many hours. And all this time the foreigner is kept locked in an empty room resembling a prison cell. After that, they may announce a decision to send them back—to where they came from.
– But on what grounds? After all, the person has not committed anything illegal?
– Perhaps, from his point of view, that is so. But the immigration service workers may form a different opinion. They are interested not only in formalities (the authenticity, validity period, and correctness of the submitted documents, which were prepared at the Kiev translation bureau or Moscow, and their notarization), but also in the foreigner's personality, his past, ties with American relatives, friends or colleagues, business partners. They try to find out these details by asking sometimes unexpected, tricky questions.
– Why this additional check? Is it not enough that before issuing a visa, the foreigner is meticulously questioned by employees of the US embassy or consulate?
– One can have different attitudes toward this procedure. But the essence of the matter will not change. You must be ready for a test of honesty and truthfulness. Unfortunately, many people, tired after a long flight and relaxed in anticipation of a quick meeting, lose vigilance, begin to get confused, and contradict themselves. Although the questions asked are seemingly the simplest: who are you going to see, for how many days, for what purpose, how long have you known these people, when did you last see them, have you been to the US before, etc.
It was on such a level place that a guest from our country unexpectedly stumbled. He could not clearly explain why, after a year of staying in America, he had lived at home for only 3 months and then asked to come to the US again. He was issued a visa, but he never saw his relatives this time. And he will not see them soon now, because the immigration authorities considered that he misled the employees of the American consulate and illegally obtained a visa. And for such foreigners, the path to the country is closed for many years.
– Can such a decision be appealed?
– No, it is not subject to appeal. Until the check is completed, the foreigner is not allowed to contact either relatives or a lawyer. I know of a case where a businessman who arrived to open a corporation in America on an L-1 visa was held at the airport for half a day, and then told that he must go back to Moscow. It turned out that his visa was issued late, because by that time the invitation to the US had expired. The American embassy considered this an insignificant detail or perhaps simply did not notice it. And as a result, a man suffered, having wasted effort, time, and considerable money.
– What is the way out?
– I would advise everyone who goes to America on a temporary visa not to relax in advance, anticipating a joyful meeting, but to prepare well for the conversation with immigration officers and to think through clear answers to possible questions, so as not to arouse suspicion of deception and lies.
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