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As a US citizen, what questions is Customs permitted to ask you on arrival in the US?

As a US citizen, what questions is Customs permitted to ask you on arrival in the US?

Old Dec 24, 2007, 9:52 pm
  #16  
 
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Originally Posted by osamede
Meanwhile we are told all this paraoia is the "prevent foreigners from harming the country", but in fact at this point the govt is challenging the constitutional right of US citizens to enter their own country? Wow....
No. They have no intention of turning you away. They would, however, enjoy collecting taxes, fees or fines on some item you are bringing in. Or perhaps score some brownie points by locking you up for some "illegal" activity.
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Old Dec 24, 2007, 11:28 pm
  #17  
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I don't know the law, but CBP does have very broad authority in searches that are beyond the realm of constitutionally protected rights and questioning, though they can't deny a US National from entering the country.
But flying in and out a bit for the last few years, CBP officers have never asked the purpose of my visit back into the US, just the purpose of my visit outside the US.
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Old Dec 24, 2007, 11:41 pm
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I wonder what they would do if you refused to answer the question? "Deport" you out of your own country?
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Old Dec 24, 2007, 11:50 pm
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Originally Posted by Unimatrix One
I wonder what they would do if you refused to answer the question? "Deport" you out of your own country?
Club Gitmo.
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Old Dec 25, 2007, 12:11 am
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I've often wondered the same thing. I would do my best to never get "argumentative" with the agent if presented with a similar situation (thus far, the closest it has gotten has been uncomfortable questions about any arrests, etc.) but I would like to know to what extent I can 1. Stand my ground or 2. Shut up and just refuse to answer any questions that aren't directly related to establishing my citizenship for purposes of entry.
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Old Dec 25, 2007, 1:14 am
  #21  
 
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We are talking about a port of entry into the US. Did the immigrations officer ask these questions, or the customs officer?

In truth, I don't think they should be challenging US citizens either who are trying to enter, but they do have the responsibility to try to keep US citizens from bringing illegal stuff into the US (not just Cuban cigars, but kiddie porn and other things of that nature as well). If it is after immigrations and the customs guy was grilling me, I'd tell him to look in my bags if he wanted, but that I didn't feel it appropriate to answer his questions.

I'd like to see a zero question mentality exist for all country borders, similar to Schengen, but I guess the CBP officers get bored and feel like either making conversation or trying to 'trip someone up'.
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Old Dec 25, 2007, 1:37 am
  #22  
 
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Originally Posted by etch5895
If it is after immigrations and the customs guy was grilling me, I'd tell him to look in my bags if he wanted, but that I didn't feel it appropriate to answer his questions.
Or you get taken to a side room and hear the smack of latex on fingers...
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Old Dec 25, 2007, 2:52 am
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What a big contrast to EU passport control where I think it is actually forbidden to routinely ask EU citizens their reason for coming into the EU.
Freedom of movement and all..
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Old Dec 25, 2007, 3:07 am
  #24  
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Originally Posted by Unimatrix One
I wonder what they would do if you refused to answer the question? "Deport" you out of your own country?
If you haven't yet passed them, have you actually entered the US?
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Old Dec 25, 2007, 4:39 am
  #25  
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Originally Posted by Siempre Viajando
US citizens living overseas are not double taxed. You get the 2555 exclusion for the first $80K or so in income, which the US won't tax at all. Above that you take the 1116 deduction which allows you to deduct the tax paid to the foreign country from what you would owe as a US citizen. Since the tax rates in most countries (including Great Britain) are higher than the US Federal tax rates, you don't end up paying much of anything to the US government. The main exception is if you live in a place where tax rates are lower than US Federal rates, there you'll end up paying some tax. But look what a great government you get for your money!

If you're paying double, get a good accountant, or figure it out for yourself.

As for what questions US Immigration can ask you, the answer is "anything they like". If you want to prove you've got more testosterone than the guy asking the questions, then argue with him. If you want to get where you're going, just tell him you're going to visit family. End of story.
The need to "get a good accountant" essentially makes income trebly-taxed for the American diaspora -- you pay to your home country, you pay to the USA, and then you pay again to some expensive accountant to guide you through the thicket of regulations and requirements.

In any case, back to the OP's question -- anyone visiting the USA is REQUIRED to answer the questions on the customs declaration and sign under penalty of perjury. No one is required to answer any additional questions. I cannot recall if there is a question about the "purpose" of travel on the form -- how about "because it's there"?
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Old Dec 25, 2007, 4:43 am
  #26  
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Originally Posted by xanthuos
I've often wondered the same thing. I would do my best to never get "argumentative" with the agent if presented with a similar situation (thus far, the closest it has gotten has been uncomfortable questions about any arrests, etc.) but I would like to know to what extent I can 1. Stand my ground or 2. Shut up and just refuse to answer any questions that aren't directly related to establishing my citizenship for purposes of entry.

Any lawyer will tell you the less you say the better -- the best response is "I decline to answer any questions on the advice of counsel"
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Old Dec 25, 2007, 5:04 am
  #27  
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Originally Posted by polonius
In any case, back to the OP's question -- anyone visiting the USA is REQUIRED to answer the questions on the customs declaration and sign under penalty of perjury. No one is required to answer any additional questions. I cannot recall if there is a question about the "purpose" of travel on the form -- how about "because it's there"?
There is a question in the customs form asking for the purpose of travel (business or leisure are the choices), but if I recall correctly, it explicitly asks of visitors their purpose of coming to the US, while it asks of US citizens or residents the purpose of their trip abroad. There is nothing in there about asking US citizens of their purpose in returning to the US.
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Old Dec 25, 2007, 5:17 am
  #28  
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Originally Posted by osamede
Sorry but as some point it seems these folks just absorbthe police state. As a US citizen it is my intrinsic right to enter the country,it is not a right contingent on begging him or anybody else. That right is inherent in your citizenship.
Funny thing about "rights"...none are completely unfettered. Wish there were bright line rules. US jurisprudence is replete with duelling rights on a field of grey.
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Old Dec 25, 2007, 7:11 am
  #29  
 
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My non-lawyerly answer to the OPs question is:

You, even as a US citizen entitled entry to the USA, are required to present yourself at a port of entry to an Immigration officer. That immigration officer is allowed to verify your right to entry with questions if they deem it. Once you have legally immigrated, you are then required to present yourself and your belongings to a customs officer to ensure that you are not bringing anything illegal into the country, as well as pay a legal duty on anything over the standard exemptions that you are importing.

Why the officer asked you why you were coming back to your own country does seem silly. Who knows? Maybe they just wanted to make friendly conversation, or maybe they are trying to catch you in a lie. Don't take this the wrong way, but people do try to illegally enter the US, probably on a daily basis, for a variety of reasons. The mere possession of a US passport does not mean that it is not a forgery or you are the person the passport belongs to.
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Old Dec 25, 2007, 8:55 am
  #30  
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Originally Posted by etch5895
The mere possession of a US passport does not mean that it is not a forgery or you are the person the passport belongs to.
I agree that mere posession of a passport doesn't mean it is yours-- however, I would like to think that CBP would catch a forged USA passport in very short order. I don't think they sit in front of computers to play solitare . . .
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