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Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

Having a valid U.S. visa does not automatically mean a traveler will be admitted to the United States. A visa generally allows a foreign national to travel to a U.S. port of entry and seek admission. U.S. Customs and Border Protection (CBP) makes the admission decision.

For nonimmigrants arriving to visit, study, work, or participate in another temporary activity, that means the conversation with a CBP officer matters.

Knowing what officers may want to establish can make the inspection process less surprising and help travelers recognize potential problems before they arrive.

What Is CBP Trying to Determine?

During inspection, CBP must determine whether a traveler is eligible to enter the United States in the requested nonimmigrant classification. Questions will depend on the traveler and visa category.

An officer may ask about:

  • The purpose of the trip.
  • Where the traveler will stay.
  • How long the traveler plans to remain in the United States.
  • Who the traveler intends to visit.
  • Employment, school, or other planned activities.
  • How the trip will be financed.
  • Previous travel to the United States.
  • Prior immigration or visa issues.
  • Plans to leave the United States after the authorized stay.

A visitor entering on a B-1 or B-2 visa, for example, may face questions to determine whether the planned activities align with temporary business or tourism. A student may need to show that the trip aligns with the F-1 classification and should be prepared with the required student documentation.

Nonimmigrant: CBP Questions

Your Answers and Documents Should Tell the Same Story

CBP can review the travel and immigration documents presented at inspection. Depending on the visa category, that may include a passport, visa, Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, or Form DS-2019, Certificate of Eligibility for Exchange Visitor Status.

Problems can arise when a traveler’s answers appear inconsistent with the visa category or available documentation.

For example, a traveler who says the purpose of a visit is tourism but provides information suggesting plans to work may face additional questions.

Frequent or lengthy visits can also prompt questions about whether someone seeking admission as a visitor is actually attempting to live in the United States.

What Does Secondary Inspection Mean?

Some travelers are referred from primary inspection to secondary inspection for additional review.

Secondary inspection does not automatically mean CBP has concluded that the traveler did something wrong.

CBP may refer a traveler because officers need more time to review documents or information, because an immigration or law-enforcement issue requires further inquiry, or even as part of random screening.

During secondary inspection, officers may ask more detailed questions or conduct additional checks before deciding whether to admit the traveler.

Can CBP Look at Your Phone or Other Electronic Devices?

CBP has broad inspection authority at the border that can extend to electronic devices. According to the agency, device searches affect only a small percentage of international travelers, but they can occur.

For a nonimmigrant, information on a device could become relevant if it raises questions about the person’s intended activities or admissibility.

Messages or other information suggesting unauthorized employment, for example, could conflict with what the traveler has told an officer about the purpose of the trip.

Prepare Before You Reach the Port of Entry

Travelers with previous immigration violations, arrests, lengthy stays, unusual travel patterns, or questions about whether their intended activities fit their visa classification may benefit from addressing those concerns before traveling.

Shobhana Kasturi advises nonimmigrants in Chicago and communities throughout Illinois on visa, status, travel, and admission concerns.

Consultations with Kasturi Law, LLC are available in person, by phone, or through Zoom, with 30-minute or 60-minute appointments available for travelers who want to understand potential issues before presenting themselves for admission.

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