Denied Entry to US: Options Available to People Refused Entry at the Airport
Under increased border security in the years leading up to 2019, the days of easy access to the U.S. are long gone. Inadmissibility affects many people, but for some, there is hope. The details of your denial are important, and can mean the difference between denial and acceptance. The good news is even if you have attempted to enter the U.S., and you have been denied entry, there might still be an opportunity for you to enter the country. There are many reasons to be denied entry into the United States which can include turning you around at the airport. Being turned away at the airport can be embarrassing and inconvenient. If you are denied entry into the United States after a long flight, you might be tempted to argue with the airport officials. Do not argue. Many foreign travelers are denied entry to the US at airport terminals every day.
When you get to the airline counter, three things could happen:
- They apply your return ticket to your flight back
- They add a fee to change your return flight date
- They require you to buy a full fare ticket
Why Was I Denied Entry at the Airport to the US?
Immigration Officers will conduct a background check on those traveling internationally.
Background Denials Might Include:
- Criminal history
- Prior US entry denial
- Suspicions of malicious intent
- Problems with paperwork
- Conflicts with travel documentation
The most common reason individuals are turned away at an airport is paperwork. Travelers may have overstayed a prior visa or passport allowance. They may even have expired documentation.
It is rare for most travelers to be denied entry into the States because of criminal background problems, but this can cause trouble. However, if you have been refused entry into the United States at any point in the past, even for an expired passport, the previous denial is reasoning enough for future denial.
Why Could You Be Denied Entry at US Airport in 2019?
According to the Department of Homeland Security website, travellers may be denied entry to the US for the following reasons:
- Previously worked illegally in the US
- Suspected of overstaying their visa
- Suspected of having ties to terrorist or criminal organisations
- Previously overstayed a visit to the US
- Don’t have sufficient funds to support themselves during their stay in the US
- Inadmissible by Health: anyone with a “communicable disease” or “physical or mental disorder that may pose, or has posed, a threat to [the person] or others” or “a drug abuser or addict”)
- Being convicted of a criminal offense
What To Do When Denied Entry to the US at the Airport
You will probably be standing in the airport terminal when you discover that you have been denied entrance into the United States. When you receive this bad news, you must follow these steps before doing anything else. Arguing will not help and will usually hurt your case. If you can, consider returning home and consulting with a US immigration attorney to ensure that you can re-enter the US again. Contact your airline to see if you can get a refund of your ticket.
- Ask for patience: If you can avoid having your record officially entered as denied entry, you will benefit in the long run. Ask to call a lawyer first if possible. Niren and Associates have lots of experience helping people out who have been denied entry and can provide the guidance you’ll need to overturn the decision, if possible.
- Ask follow-up questions: Do so in a calm, non-threatening manner and do not accept “no” for an answer. If you are shown disrespect, remain calm and continue to ask questions.
- Take notes: It is essential to write the responses to each of your questions regarding your denied entry. Be as detailed as possible.
- Find a quiet place to collect your details: You want to pay particular attention to your paperwork at this time. You will likely have been given the reason for your denial. Recheck all paperwork to confirm the details of your entry refusal.
- Call a lawyer: If you have not established a lawyer for a case such as this, take the opportunity to contact ones like Niren and Associates and relay the details of your case appropriately.
The truth is, is that no one is guaranteed entry to the US, even citizens. Even if you have the correct documentation, visas, or legal status, you could still be denied entry to the US so being prepared for the worst is the best thing to do.
Denied Entry to US with a Visa
If you arrive in the US with a visa and an immigration official refuses you entry, you can insist on a review of your case before a judge. However, if you travel to the US as a visitor under the visa waiver program, you ‘waive any rights to a review or appeal of an immigration officer’s determination as to your admissibility, or to contest any action in deportation’.
If you have a visa, you have the right to:
- An exclusion hearing before a judge to determine your admissibility;
- An administrative appeal to the Board of Immigration Appeals;
- A judicial review or appeal of any, or all, of the above decisions.
What a US Attorney (Like Niren & Associates) Will Do:
Once an immigration attorney learns about your denied US access, he or she will go to work on your case and help you solve the rejection of your visa. It is possible and likely that you will find a solution that will allow you into the country if you followed the steps regarding your rejection.
Certainly, if you have a criminal background and were denied for that reason, or if you do not have the proper paperwork, or if you did not respectfully navigate your interactions with US airport employees, you might be in a dead-end case. If you are worried about being denied entry to the US at the airport, a lawyer can help you take the next necessary steps to gain US access or return safely home for further work on your travel documentation.
Why Hire Us to Help You With Your Denied Entry Case?
For over 15 years, we have helped countless individuals who thought they had no hope in entering the States due to a refused entry with their cases. Our experience with immigration law has allowed us to help individuals enter the U.S., who otherwise would have not had the opportunity.
Are You Coming to the US and Are Worried About Being Denied Entry?
If so, Contact VisaPlace today. All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals and consultants who work for Niren and Associates an award winning immigration firm that adheres to the highest standards of client service.
The content and comments of this blog are not legal advise and and may not be accurate or complete. If you require legal advice, contact a licensed legal practitioner directly. If you post on this blog, you assume full responsibility for disclosing your identity to the public and VisaPlace nor its affiliates are not responsible for protecting your privacy nor your identity concerning your participation in our blog and you assume any risks in participating.
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