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What to Expect at the Border
How long will you be staying? The officer wants to know that you don't plan to stay longer than you should. Even if your visa says "multiple entry" or "one year," you may not be allowed to remain for that length of time -- the little I-94 card you're given by the officer will tell you the date by which you must leave.
How much money are you bringing? The officer wants to know that you will be able to cover your expenses in the United States.
Have you visited the United States before, and if so, did you remain longer than you were supposed to? If you have previously stayed in the United States for six months longer than you were allowed, you are not eligible to come to the United States again without special permission (unless you've waited outside the United States for at least three years). If your overstay lasted a full year, you're expected to remain outside the United States for ten years before trying to return.
How often do you come to the United States? The officer is looking to see whether you are repeatedly using nonimmigrant visas as a way of living in the United States -- in which case you'll be accused of misusing your visa and you'll be denied entry.
If you do not offer clear and reasonable answers to the border officials' questions, or it appears you lied to get the visa, you can be sent back to your home country and prohibited from returning for five years.
Know Your (Lack of) Rights
Foreign nationals attempting to come to the United States, either temporarily or permanently, have very few rights during the application and screening process. You can expect to be questioned several times: at the U.S. embassy or consulate where you apply for a visa, at the airport or harbor where you begin your journey to the United States, and finally upon your arrival at the U.S. border, airport, or harbor.
You cannot have a lawyer represent you when you arrive in the U.S., nor are you allowed to call one if problems occur during your interrogation. Your bags can be searched without your permission, and border officials can ask you almost any question.
Immigration Law Resources
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