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.

Exception:
A visa is not necessary if you're from one of the Visa Waiver Program countries listed at www.travel.state.gov/vwp.html. You can come for up to 90 days for business or pleasure purposes if you're from one of these countries. But beware: The ease of your entry is balanced by the ease with which you can be kicked out -- you automatically give up many rights and benefits when traveling without a visa.

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.

Example One:
Francois, a French citizen, applies at the U.S. embassy in Paris for a tourist visa. He fears he will not be allowed to enter the United States as a tourist if he reveals that he has a girlfriend in New York. He states in his application that he is visiting various friends around the country. When he arrives at JFK Airport in New York, an immigration inspector finds a letter in his luggage from his New York girlfriend, in which she says she is looking forward to his long visit with her. Francois is put on the next flight home.

Example Two:
Revisiting the example above, assume that the immigration inspector does not find the letter from Francois's girlfriend and he is allowed to enter the country. After he arrives, Francois and his girlfriend decide to marry. He files an application for permanent residence with U.S. Citizenship and Immigration Services (USCIS, formerly called the INS). USCIS forwards his application to the U.S. consulate in Paris for review. This reveals that he lied about his plans. To obtain permanent residence, Francois will have to argue to the USCIS that the agency should overlook his previous lie and allow him to stay. If he loses, he can be denied permanent residence and be forced to leave the country.

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.

Copyright 2004 Nolo