Before You Immigrate
What you need to know and do before you reach a U.S. port of entry.
Whether you plan to come to the United States for a short visit or a permanent stay, the trip begins long before you get in a plane, boat, or car and start your journey to the border.
Getting Permission to Come to the United States
Before you depart, you must ordinarily obtain a legal document from the U.S. government called a visa. Foreign nationals coming for a short visit need what is called a nonimmigrant visa (this category includes tourist and student visas). People coming to make their home in America need an immigrant visa, which allows them permanent residence and a "green card."
There are many categories of visas for nonimmigrants and immigrants. Students and businesspeople make up the largest groups of nonimmigrant visa holders. Nonimmigrant visas are also issued for tourists, exchange visitors, and workers with some kind of specialty that is lacking in the U.S. workforce.
Family members of U.S. citizens make up the largest number of immigrant visas issued each year by the Department of State, the government agency responsible for issuing visas. Other immigrant visas are issued to investors and workers who have been petitioned by U.S. employers or have special skills.
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Applying for a Visa
You cannot apply for a visa when you arrive at a U.S. port of entry (though certain exceptions are made for Canadians). You must obtain your visa at a U.S. consulate before you depart for the United States (unless you're a short-term visitor from a Visa Waiver Program country).
If you wish to enter on a visa waiver, simply present yourself, your passport, and your ticket home to the officers you'll meet upon arrival. If you come by land through Canada or Mexico, you'll also be asked for proof of sufficient funds to pay for your stay.
The Risks of Lying to the U.S. Government
One of the worst things you can do to your chances of getting a visa or green card in the future is to lie during the visa application process, either on paper or during an interview with a U.S. border or other immigration inspector. Lies can have both immediate and long-term consequences.
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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 when you begin your journey to the United States and when you arrive at the border.
You cannot have a lawyer represent you when you arrive, 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.
If you do not offer clear and reasonable answers to their 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. Only in rare cases, such as if you feared persecution in your home country, will you be allowed to appear before an immigration judge to prove that you should be allowed into the United States.