Crossing the U.S. border can be a complex and daunting process, especially for those unfamiliar with immigration law. Understanding the do’s and don’ts is essential to ensure a smooth entry. Here’s what you need to know.
Understanding Inadmissibility
Certain factors can render you inadmissible when crossing the U.S. border. Common reasons include:
Prior Unlawful Presence: If you have previously overstayed a visa or illegally resided in the U.S.
Unlawful Employment: Engaging in unauthorized work in the U.S. can also lead to inadmissibility.
Visa Fraud or False Claims: Misrepresenting your intentions can jeopardize your application.
Criminal Record: Any criminal history, particularly related to DUIs, can be a significant barrier.
Admission of Drug Use: Acknowledging past drug use can also affect your admissibility.
Immigrant Intent: If your visa application suggests an intent to immigrate rather than visit, this can raise red flags.
Fortunately, waivers are available for many of these issues, but it’s crucial to consult with an immigration attorney to navigate the complexities.
Beware of Immigration Scams
Navigating the immigration process can make you vulnerable to scams. Avoiding the wrong help is vital, as it can lead to:
Delays or Denials: Improper assistance can stall your application.
Unnecessary Fees: Some services may charge exorbitant fees for minimal help.
Loss of Employment Opportunities: A denied application can close doors to job prospects.
Long Bars to Admission: Serious issues can result in 5 to 10-year bans from re-entry or removal proceedings.
Ensure You’re in Good Hands
Verify Credentials: Always check that your attorney is licensed and has no disciplinary record.
Specialization Matters: Choose attorneys who specialize in immigration, avoiding those who handle a wide array of cases.
AILA Membership: Look for attorneys who are members of the American Immigration Lawyers Association (AILA) for added assurance of their expertise.
Common Scams to Avoid
Be wary of the following common scams:
Immigration Office Scams: Beware of attorneys not using their real names or who offer to complete forms for you without proper credentials.
Dot-com Websites: Do not pay for blank USCIS forms; they are freely available online.
VISA Lottery Scams: Legitimate entries for the Diversity Immigrant Visa Program do not require payment to increase your chances of winning. Be cautious of emails claiming you’ve won.
USCIS Filing Fees
Be prepared for the costs associated with your visa application:
O Visa: $460
Premium Processing (optional): $2,500
Legal Fees: Vary depending on the type of visa; consult with your attorney for specific figures.
Crossing the Border and Consulates
Once your visa is approved, it’s time to prepare for crossing the border. Here are some key points:
Canadians Enjoy Special Privileges: Canadians typically receive a stamp in their passport and do not require consular appointments, though border officers may ask questions about your entry and work plans.
Be Prepared for Questions: Practice concise and relevant answers to common questions. Less is often more.
Non-Canadian Citizens: These individuals must schedule an interview at an embassy or consulate, which can vary in wait times.
Consider Alternative Entry Points: Entering through Mexico may simplify the process for some. Discuss this option with your attorney.
Expect the Unexpected
Border crossing can be unpredictable, and officer discretion plays a significant role. If you have any prior issues at the border or specific travel plans, notify your attorney. They can provide assistance should challenges arise.
Frequently Asked Questions
Can I use multiple job titles in my application? Yes, you may file with multiple job titles, but you must demonstrate that you meet the criteria for each title. If only one has sufficient evidence, approval may be more challenging.
If I’m in the U.S. on a valid visa, can I stay while my application is pending? Yes, if you are currently in the U.S. on a valid visa, you can remain while your application is pending, but you cannot work until it is approved. Keep your attorney informed about your current status and any travel plans.
About Dalessio Immigration Law
Lorraine Dalessio, an experienced immigration attorney, has provided counsel to U.S. embassies worldwide and has advised numerous prominent organizations, including the World Trade Center and the New York Film Academy.
Dalessio Immigration Law specializes in representing artists seeking temporary and permanent immigration to the United States and offers tailored legal services focused on excellent client service and individualized attention.
Crossing the U.S. border doesn’t have to be a stressful experience. With the right preparation and legal support, you can navigate the process successfully. Always seek advice from qualified professionals to ensure your journey is as smooth as possible.