You've just landed, you're fresh off the plane (well, as fresh as possible after 12 or 16 hours of
flying with screaming kids behind...) and you can't wait to cross the final stretch (not so straight
finally because Americans LOVE serpentine queues). A formality ? Think again.
You've just landed, you're fresh off the plane (well, as fresh as possible after 12 or 16 hours of
flying with screaming kids behind...) and you can't wait to cross the final stretch (not so straight
finally because Americans LOVE serpentine queues). A formality ? Think again.
Facing the authoritiesYou are about to stand in front of the CBP officer*, whose uniform is not there just to impress you, but who has the power to let you cross the border, or not. In matters of immigration, there are, in fact, three authorities that share power: the USCIS (the United States Citizenship and Immigration Services), the CBP (Customs and Border Protection), and the American consulates abroad. While obtaining a visa from the consulate or USCIS is a great step forward, this does not guarantee that CBP will decide to comply. He can oppose letting you enter despite a valid visa if he suspects that you lied to obtain it or that you intend to violate the terms of the visa once in the territory.What are your rights ?If you know that your situation is complicated, it is best to talk to an immigration lawyer BEFORE you leave, who will be able to advise you on the pitfalls to avoid and give you their contact details in the event of detention. | Facing the authoritiesYou are about to stand in front of the CBP officer*, whose uniform is not there just to impress you, but who has the power to let you cross the border, or not. In matters of immigration, there are, in fact, three authorities that share power: the USCIS (the United States Citizenship and Immigration Services), the CBP (Customs and Border Protection), and the American consulates abroad. While obtaining a visa from the consulate or USCIS is a great step forward, this does not guarantee that CBP will decide to comply. He can oppose letting you enter despite a valid visa if he suspects that you lied to obtain it or that you intend to violate the terms of the visa once in the territory.What are your rights ?If you know that your situation is complicated, it is best to talk to an immigration lawyer BEFORE you leave, who will be able to advise you on the pitfalls to avoid and give you their contact details in the event of detention. |
| If you are "invitedË® to go to "secondary inspection", the goal is for the CBP officer to question you further. The problem is that foreign travelers then find themselves in a really weak position. Questioning after 15 hours of flight, and sometimes 20 hours without sleep, leads to inconsistencies that can lead the traveler even further into lies. The traveler does not have the right to request a lawyer at this stage, his passport and his telephone are confiscated. The officer has full power to search his belongings, access his laptop and computer, and read all messages and emails, and he can also access social media profiles. Needless to say, these agents often find, at that moment, elements that corroborate their initial doubts, such as the student is working illegally or the tourist is coming to get married. | If you are "invitedË® to go to "secondary inspection", the goal is for the CBP officer to question you further. The problem is that foreign travelers then find themselves in a really weak position. Questioning after 15 hours of flight, and sometimes 20 hours without sleep, leads to inconsistencies that can lead the traveler even further into lies. The traveler does not have the right to request a lawyer at this stage, his passport and his telephone are confiscated. The officer has full power to search his belongings, access his laptop and computer, and read all messages and emails, and he can also access social media profiles. Needless to say, these agents often find, at that moment, elements that corroborate their initial doubts, such as the student is working illegally or the tourist is coming to get married. |
| "There are remedies" | "There are remedies" |
The material search can even
be accompanied by an in-depth body search, with DNA sampling. The questioning and the
search ends with a "sworn statement", a summary written under oath, and in the most serious
cases, it is the return to the country of origin with a ban on entry to the territory for 5 years, even
for life, in cases of fraud.
Good to knowIf you find yourself in such a situation, know that you can ask for a magic remedy: the "withdrawal of admission". This technicality will not prevent the return to France but will avoid the subsequent ban on the residence. This is a favor that the CBP officer can grant but he generally does not offer it himself. | The material search can even
be accompanied by an in-depth body search, with DNA sampling. The questioning and the
search ends with a "sworn statement", a summary written under oath, and in the most serious
cases, it is the return to the country of origin with a ban on entry to the territory for 5 years, even
for life, in cases of fraud.
Good to knowIf you find yourself in such a situation, know that you can ask for a magic remedy: the "withdrawal of admission". This technicality will not prevent the return to France but will avoid the subsequent ban on the residence. This is a favor that the CBP officer can grant but he generally does not offer it himself. |
| Know that this remedy exists and that you have to ask for it. It is essentially a legal formality whereby you withdraw your application to enter the territory and, in essence, ask to return home as if nothing had happened. If this remedy is not granted, and the ban of 5 years, 10 years, or life is proclaimed, also know that there are remedies to annul such a decision. However, these procedures are long, complex, and very uncertain. So avoid secondary inspection as much as possible and don't take the border crossing lightly. Diane Cohen Haggiag, Esq. Los Angeles Managing Attorney HAMMOND NEAL MOORE, LLC. * CBP Officer: Officers responsible for border security, including counter-terrorism, customs, immigration, trade protection, and agriculture.. | Know that this remedy exists and that you have to ask for it. It is essentially a legal formality whereby you withdraw your application to enter the territory and, in essence, ask to return home as if nothing had happened. If this remedy is not granted, and the ban of 5 years, 10 years, or life is proclaimed, also know that there are remedies to annul such a decision. However, these procedures are long, complex, and very uncertain. So avoid secondary inspection as much as possible and don't take the border crossing lightly. Diane Cohen Haggiag, Esq. Los Angeles Managing Attorney HAMMOND NEAL MOORE, LLC. * CBP Officer: Officers responsible for border security, including counter-terrorism, customs, immigration, trade protection, and agriculture.. |
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