TIP #1: KNOW YOUR HISTORY
Before you seek entrance into the United States, it is imperative to know the precise details of your own personal legal history. Any person who is seeking admission to the U.S. should know that any past personal legal issues may come to the attention of U.S. Customs and Border Protection (CBP). Even if the legal issue was a minor matter, the applicant for admission to the U.S. holds the burden of proof and must persuade the CBP that his or her case merits favorable review for admission to the United States. Applicants may require an immigration attorney’s advice and help.
Any past judicial situation where a person now applying for entry to the U.S. may have pled guilty to make a case “go away,” or any past violation of law that may be considered a petty offense, should be documented for Customs and Border Protection with the original certified court dispositions, which should clearly specify how the situation was finally resolved and should include the complete facts about what happened.
Applicants seeking to enter the U.S. should assume that Customs and Border Protection will already have the information in their records. However, in some cases, Customs and Border Protection may not have all of the documentation or a precise explanation of the circumstances regarding an applicant’s past legal history, so it is up to the applicant to rectify CBP’s records to further his or her case for entry into the United States.
Additionally, any applicant who is seeking admission into the United States should also be aware that any claims you have posted on social media websites such as Facebook, Twitter, or LinkedIn, among others, will be considered and closely scrutinized by Customs and Border Protection in their efforts to discern, as far as possible, the reason for your desire to enter the United States.
For instance, if a person is seeking admission to the United States as a management consultant with a sponsored TN visa, but that person’s LinkedIn profile says that he or she will be working as a vice president of the company that is sponsoring the applicant for TN status, the CBP will examine more closely the applicant’s eligibility for TN status as a management consultant – a position presumed to be non-managerial in nature – to attempt to reconcile it with the LinkedIn disclosure that the person intends to work as a vice president of the sponsoring company.
TIP #2: KNOW YOUR ENVIRONMENT
When you apply for admission to the United States, you should know that you will be in an environment that is entirely under the control of Customs and Border Protection – for security reasons. That complete control allows CBP to pursue its mission to secure the U.S. border. CBP has complete access to U.S. immigration records, and CBP also has the authority to conduct searches of persons, luggage, and electronic devices.
Travelers bringing their medicines to the U.S. should bring proof that those drugs are authorized and prescribed by a licensed physician. Some drugs that may be purchased over-the-counter in some countries are regulated in the U.S. Unsuspecting travelers should be aware that medications may be affecting their admission into the U.S. or may be confiscated upon entry. CBP deploys substance-detecting canines to detect the possible use or presence of illegal substances. CBP also deploys radiation detection technology. Anyone undergoing chemotherapy or radiation therapy may set off the alarms on devices used by CBP to detect chemical or radiation emissions.
TIP #3: KNOW WHAT YOU CAN DO
Sometimes, inspections at a port of entry don’t go as planned. If you are trying to enter the United States, know what you can do. At a port of entry, you can make some requests that might be helpful. For example, if you are initially denied entry by the first inspecting officer, request to speak with a supervisory officer. After reviewing the initial inspecting officer’s conclusion, sometimes a supervisory officer may have another take on the situation that will lead to a more positive result.
Immigration officers tend to engage in the question-and-answer interview format, with the officer using the foreign national’s statements to draft a transcript of the conversation. The interviewing officer will then ask the interviewee to review and sign the transcript. If the document is not accurate, the applicant should make the officer aware of the revisions that are needed. The foreign national who is interviewed in this way should also ask for a copy of the transcript to present to an immigration attorney, who can then determine an appropriate course of action regarding the foreign national’s immigration case.
After the resolution of the attempted entrance into the United States, an applicant for admission may file a request under the Freedom of Information Act for the record of the admission incident and other documents related to his or her admissibility. Such a request must be drafted carefully to allow the appropriate records to be procured – let an immigration attorney help. In certain circumstances, there may also be a cause for filing a complaint about inappropriate or abusive encounter with the employees of Customs and Border Protection.
Retain an experienced immigration attorney to represent you whenever you are dealing with an immigration issue or need assistance regarding a Customs and Border Protection encounter. If you are a foreign national and you are seeking a visa, a green card, a change in your immigration status, protection from deportation, government aid, privately sponsored aid or advisement on immigration law, it’s imperative to have sound legal advice and experienced legal representation. The right immigration lawyer can help with applications, hearings, and all other requirements of the immigration process. Do not hesitate to speak about any of your immigration concerns with an experienced Las Vegas immigration attorney.
