Even if you have never been arrested for criminal activity, you may still be refused entry at the U.S. Border for several reasons. Perhaps most common, intending immigrants are refused entry under INA § 212(a)(7)(A)(i)(I). Under this section, "any immigrant at the time of application for admission who is not in possession of a valid unexpired immigrant visa...is inadmissible."
In this area of immigration law, there is a major distinction between intending immigrants and non-immigrant visitors. An intending immigrant is an alien who seeks admission to the U.S. for residence, whereas a non-immigrant visitor is an alien who seeks a temporary stay in the U.S. If you are an intending immigrant, you must have a valid immigrant visa to enter the U.S regardless of your nationality. On the other hand, a large portion of non-immigrant visitors may enter the U.S. by merely obtaining a passport (e.g. Canadian citizens are admissible to the U.S. on their passport alone). This determination depends on the visitor's nationality. Those who cannot enter the U.S. on their passport alone must obtain a non-immigrant visitor visa at a U.S. Consulate or Embassy.
However, even if you seek admission as a non-immigrant visitor with a valid passport, Customs and Border Protection might believe you are an intending immigrant if you do not have sufficient ties and equities to your home country and deny your entry. This can happen for a variety of reasons. It often occurs where an alien has made numerous entries to the U.S., has no proof of employment, and/or has no proof that they will reside in their home country in the future. Essentially, if the CBP officer does not believe you have a sufficient reason for returning to your home country, they may deny your entry to prevent the possibility of illegal immigration.
In most cases, the presumption that you are an intending immigrant can be overcome with sufficient proof of ties and equities to your home country. However, it is impossible to know exactly what is required in each case, since the reasons for denial will vary from person to person. If you have been denied entry as an intending immigrant, it is advisable to consult with an immigration attorney before your next attempted entry into the U.S. to figure out how best to proceed. Often, attempting to enter the U.S. after you have been denied can lead to more serious immigration consequences, which can make it extremely difficult to gain admission in the future.
In this area of immigration law, there is a major distinction between intending immigrants and non-immigrant visitors. An intending immigrant is an alien who seeks admission to the U.S. for residence, whereas a non-immigrant visitor is an alien who seeks a temporary stay in the U.S. If you are an intending immigrant, you must have a valid immigrant visa to enter the U.S regardless of your nationality. On the other hand, a large portion of non-immigrant visitors may enter the U.S. by merely obtaining a passport (e.g. Canadian citizens are admissible to the U.S. on their passport alone). This determination depends on the visitor's nationality. Those who cannot enter the U.S. on their passport alone must obtain a non-immigrant visitor visa at a U.S. Consulate or Embassy.
However, even if you seek admission as a non-immigrant visitor with a valid passport, Customs and Border Protection might believe you are an intending immigrant if you do not have sufficient ties and equities to your home country and deny your entry. This can happen for a variety of reasons. It often occurs where an alien has made numerous entries to the U.S., has no proof of employment, and/or has no proof that they will reside in their home country in the future. Essentially, if the CBP officer does not believe you have a sufficient reason for returning to your home country, they may deny your entry to prevent the possibility of illegal immigration.
In most cases, the presumption that you are an intending immigrant can be overcome with sufficient proof of ties and equities to your home country. However, it is impossible to know exactly what is required in each case, since the reasons for denial will vary from person to person. If you have been denied entry as an intending immigrant, it is advisable to consult with an immigration attorney before your next attempted entry into the U.S. to figure out how best to proceed. Often, attempting to enter the U.S. after you have been denied can lead to more serious immigration consequences, which can make it extremely difficult to gain admission in the future.
