Originally Posted by
alanR
If entering under the Visa Waiver Program then you have no rights at all and can be refused entry & sent back if the immigration official doesn't like your face - sorry, believes that your reason for entering the US is not the stated one. If you are entering on a visa then you have the right of appeal to a judge if refused entry. But that will probably mean spending time as a guest of the US Government complete with orange coveralls & manacles
That is an overly simplistic response. Even when applying for admission with a visa there are circumstances that you can be removed from the United States without Judaical review or appeal. The decision to detain pending a removal hearing is based on many factors. Many aliens placed in removal proceedings at a port of entry are actually paroled into the country until the hearing. Some are on bond some are on their on recognizance. There are way to many variables to say with any accuracy what will happen in every case.
FB
v
Originally Posted by
Teefaf
I'm not worked up - just accepting the situation as it stands. There is a profile of person they look for as a 'potential terrorist' visually, plus stamps on passports, etc. I fit that profile, without going into more specifics. I'm perfectly capable of being polite outwardly, but who wouldn't be anxious at the prospect of being detained for an unlimited amount with no rights at all?
I accept they have a right to ask these questions but what makes me anxious is anecdotal evidence of the attitude and treatment others in a similar situation have received while undergoing secondary screening - if that helps you understand my mindset at all. Not a pleasant business to be involved in for anyone, no matter how innocent (in fact, particularly so if you are innocent!)
And yes, sorry, I should have provided more info in my OP. British citizen entering on VWP, but as described above entering from Aus. It's a business trip; have always avoided going to US for leisure for this very reason.
Wondering as well how much difference documentation proving I'm there on business would help my case... but I guess it's a combination of factors, so no simple answer.
I am talking about the actual time during the travel leading up to talking to the officer (on the plane, in the waiting line etc). The more you worry about it and the more you think about it the more likely you are to exhibit nervous behavior characteristics while speaking to the officer. CBP does not use a visual profile of a terrorist. However, stamps in your passport show travel history. If you have stamps in your passport that are of interest to the officer just truthfully answer the officers questions concerning those trips. If they are business it will be fine you just need to explain the trips purpose.
As for your currently planed trip, you may want to ask the company, or client that you are coming to visit to furnish you with a letter of introduction. This should be on company letterhead and include the length of the business trip, where you are staying, and the purpose of the business (it can be in general terms. It does not have to be specific.)
You are not going to detained for an unlimited amount of time. You are applying for entry under the Visa Waiver Program. If CBP is not satisfied that you are admissible to the United States they will simply refuse your entry under the Visa Waiver Program. You would be returned to the country that you departed from to enter the United States. In this case, it would be Aus. on the next available flight. The airline will use your return trip ticket for this purpose. This is one of the reasons a return trip ticket is required to be able to use the Visa Waiver Program. If you are refused under the Visa Waiver Program the only truly negative consequences for the traveler, except the obvious of missing the current trip, is that you will never be eligible to use the Visa Waiver Program again in the future. You would have to obtain a non-immigrant visa for all future trips to the United States.
If you have anymore specific questions continue to ask. I will answer as many as I can.
FB
Originally Posted by
Teefaf
Ah, I see. Many thanks for your responses, this is what I had feared... it's a little scary in concept.
Theoretically, what would happen if I got fed up at secondary screening and decided I no longer wanted to enter the US? Am I free to walk out and return to my home country? Would my rearrangements then have to be made at my own expense?
It complicated by the fact that I'm on a RTW ticket, home is the UK but point of departure for the US is Australia. Do I have to return to my point of departure, or my home country? Or am I free to go anywhere I choose?
CBP may allow you to withdrawal your application for admission to the United States. However, this is not your right it is at the discretion of CBP. CBP generally does not allow withdrawal when applying under the Visa Waiver Program. CBP will make a decision to either admit or refuse entry. Even, in the rare case that CBP did allow withdraw you are not going to be free to walk out of the Federal Inspection Area to make your own arrangements. An airline representative would be in the Federal Inspection Area to assist you in making those arrangements. It would be using your return trip ticket back to the country you departed from to enter the United States. When it came time to board the aircraft for your departure from the United States, you would be escorted to the gate by CBP officers who will remain at the gate until the plane pushes back from the gate.
FB