In recent weeks, a wave of international visitors who tried to enter the United States from other countries have denied entry into border control posts, which has resulted in deportations to their countries of origin or days or weeks of detention.
A 28 -year -old British woman arrived in the United Kingdom earlier this week after having remained three weeks held at a migrants detention center in the state of Washington. He had tried to enter the United States from Canada, and in the terrestrial border crossing, doubts arose about whether he had the right visa.
His terrible experience occurred shortly after two German tourists were deported, in separate incidents, after trying to enter the United States from Mexico. Both had spent weeks in a San Diego detention center, and both said they were not clear why they had been arrested and deported.
Incidents have generated international concern about what travelers can expect in US border steps. The citizens of most European countries have enjoyed the exemption of visa to travel to the United States for years for a maximum of 90 days.
This is what you have to know about travel visas and the rights of international visitors entering the United States.
Basic aspects of the entrance and exit of the United States
People who wish to enter the United States and not be American citizens must have a valid passport that does not expire within six months. In addition, most people need a visa or, for the citizens of the countries that participate in the travelless travel agreement, an electronic travel authorization system, known as this one, for their acronym in English.
This is requested online presenting a photo (or computer scanning) of a valid passport, as well as an email address, address, telephone number and emergency contact.
In the case of citizens of countries that are not part of the visa exemption program, most controls for obtaining visas are carried out in the consulates of the countries of origin of the visitors, said Jeff Joseph, migration lawyer of Denver. Consulting officials will seek indications that people plan to stay longer than allowed in their tourist visas or intend to work, among other things.
The visa – or authorization – is just an entrance document to take people to the airport or a terrestrial border, said Joseph. It does not guarantee entry into the United States. Once the traveler arrives, he has to show that he intends to use the visa as indicated.
Migration officials will ask routine questions, usually about the reason for the visit, the duration of the stay, where travelers plan to stay and what they plan to do. Visitors can be taken to a second round of interrogations, longer and more detailed.
Most common visas for visitors
The United States has three categories of visa for non-migrant visitors: a visitor visa for those who want to enter temporarily for business reasons, known as B-1; A tourism visa, known as B-2, and a combined visa for both purposes: a B-1/B-2.
Although visas themselves are valid for up to a decade, visitors can only remain in the country for six months.
Travelers with these tourist visas cannot study, work on fixed job, perform paid actions, arrive as a member of the crew of a plane or boat, work in the foreign press or set their permanent residence, according to the State Department.
To obtain these visas, possible visitors must complete an online application, facilitate the necessary documents, such as a passport and a photo, and arrange an interview for the visa. Interviews cost $ 185.
According to the State Department, the Department of National Security and the Customs Service and Border Protection of the United States, officials “have authority to allow or deny admission to the United States.”
Countries with visa exemption programs
The visa exemption program, which allows most citizens to travel to the United States for business or tourism reasons for a maximum of 90 days, applies to 43 countries. In return, American citizens can travel to those countries for a similar period of time without the need for visa.
The program began in 1986 and is considered a “security association” with the United States allies.
Travelers still need a valid to enter the country. Applications cost $ 21 and authorizations are active for two years. This must be obtained at least 72 hours before embarking on a flight.
But there is a small print: for example, you cannot get this if you have visited certain countries after certain dates, such as Cuba from January 12, 2021. If you cannot opt for this, you must get a tourist visa.
People who enter the United States with this cannot study or work permanently.
In this process, visitors “renounce” many rights, said Joseph, including the resignation of the right to challenge deportation. Therefore, people who use this program can be mandatory.
What rights have visitors?
The US federal legislation gives government agents the right to register the belongings of people, including their phones and computers, at border entrance points. According to the American Union of Civil Libertads, it is not necessary that they be suspected of crime to be registered.
All visitors have the right to remain silent. But the load load falls to visa holders. For example, if an agent asks if someone plans to work with his tourist visa, and that person is silent, it is likely that the agent denies him the entrance, Joseph said.
If a person is declared inadmissible during the interrogation, he can withdraw his intention to enter the country and then allow him to travel back to his country of origin. They are canceled the visa and usually take the next flight home. But an agent can denied the withdrawal, in which case the visitor is arrested.
Subscriber content
As these clashes occur technically outside the country, the rights described in the US Constitution do not apply, Joseph said, and the detainees do not necessarily have a lawyer. The government has about 90 days to deport people. This period can be extended if the detainees do not cooperate providing the correct travel documents, in which case they can be subject to a criminal procedure. After an expulsion order, people are prohibited from entering the United States for five years.