Foreign Nationals' Rights on Entry to the US
#31
Join Date: Aug 2000
Location: Exile
Posts: 15,662
It's a long story but it was resolved a few years later with the intervention of a friend at the State Department. I received an apology and consider the matter closed. Very little point in posting details of another isolated incident as ammunition for the anti-US crowd.
#33
Join Date: Sep 2006
Location: QDF
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Wirelessly posted (Treo: Mozilla/5.0 (Linux; U; Android 2.1-update1; en-us; Nexus One Build/EPE76) AppleWebKit/530.17 (KHTML, like Gecko) Version/4.0 Mobile Safari/530.17)
Why are you assuming that you will be sent to secondary? What profile do you think you fit? If you get yourself all worked up and anxious before you even talk to the officer you are setting yourself up to send yourself to secondary. Just talk to the primary officer answer his questions truthfully and you will be fine. The questions will be related to your length of stay, purpose of your trip, the ability to support yourself while on the trip etc.
You didn't included you citizenship, if you are traveling on a visa or under the visa waiver program. These facts can affect what the process is for entry to the United States.
FB
He (or she) is probably one of those weirdos that believes people should be treated courteously and respectfully. With an attitude like that, the OP's concern is understandable (and probably justified).
Originally Posted by Firebug4
I've tried searching both the forum and Google for something on this, but couldn't find anything. If there is a previous thread I'd be grateful if you could point me in the right direction.
I'll be entering the US as a foreign national for the first time towards the end of this month. I've seen countless debates on the rights of US citizens, but nothing on the rights of foreign nationals. Other than the right of consular notification (and access?), do we have any rights at all if/when pulled in for 'secondary' by CBP?
As a side note, I'll be arriving on QF107 SYD-NYC, which stops in LAX for 2 hours where passengers are processed for immigration. There's a good chance I will be pulled in for secondary (I fit the profile), and will thus miss my onward flight to NYC (which is on the same QF 744 plane I landed in LAX on). Who makes the arrangements for scheduling me on a later flight?
I'll be entering the US as a foreign national for the first time towards the end of this month. I've seen countless debates on the rights of US citizens, but nothing on the rights of foreign nationals. Other than the right of consular notification (and access?), do we have any rights at all if/when pulled in for 'secondary' by CBP?
As a side note, I'll be arriving on QF107 SYD-NYC, which stops in LAX for 2 hours where passengers are processed for immigration. There's a good chance I will be pulled in for secondary (I fit the profile), and will thus miss my onward flight to NYC (which is on the same QF 744 plane I landed in LAX on). Who makes the arrangements for scheduling me on a later flight?
You didn't included you citizenship, if you are traveling on a visa or under the visa waiver program. These facts can affect what the process is for entry to the United States.
FB
#34
Join Date: Mar 2010
Location: PDX
Posts: 908
I don't know about the actual rights, but the US entry process is the most invasive and ridiculous compared to many other countries, not just democracies (I take you meant 'western' countries?) Not only with respect to foreign nationals but one's own citizens. Actually, Canada, Australia, New Zealand and South Africa have similar entry procedures to the US one.
#36
Join Date: Jan 2010
Posts: 926
I don't know about the actual rights, but the US entry process is the most invasive and ridiculous compared to many other countries, not just democracies (I take you meant 'western' countries?) Not only with respect to foreign nationals but one's own citizens. Actually, Canada, Australia, New Zealand and South Africa have similar entry procedures to the US one.
#37
Join Date: Feb 2008
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#39
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Meanwhile Communist China and the former Soviet republics are much more of a walk in the park on arrival on entry for US citizens with a visa or exempted from visa requirement.
#40
Join Date: Mar 2009
Posts: 1,972
I'm not sure that style of government would dictate the strictness of entry procedures and the extent, if any, to which a visitor has a "right" to enter the country. I'd suggest instead that the desirableness of the country as a place for illegal immigrants is usually what determines how strict they are. If a citizen of country X is likely to want to try to illegally stay in country Y but a citizen of country A is not likely to want to illegally stay in country B, I'd expect country Y to be much stricter when examining person X than country B will be in the examination of person A
Last edited by RichardKenner; May 29, 2010 at 6:35 am Reason: Clarify
#41
Original Poster
Join Date: Mar 2010
Location: Glasgow
Programs: BA Blue
Posts: 509
This has become a really interest thread, and my thanks go out to those that have contributed a great deal of interesting information. One of the reasons for posting in the first place was to put my mind to rest by understanding more about the process and what happens at each stage. So again, thank you to Firebug and the others that have contributed.
My personal circumstances are complicated (whose aren't) - by all of my background, previous travel history and current travel plans. As I said before, I don't have a problem with being questioned, so long as it is done courteously, and so long as CBP do what they can to help me make my onward flight. I do expect to be admitted, the questions are just over how long it takes and how I'm treated. I'll post back here once I've been through the process.
Also, for others who find this thread in future, I came across the following article which makes the entire process crystal clear - very helpful indeed: http://www.cavanaughlegal.com/immigr...l-airport-lax/.
My personal circumstances are complicated (whose aren't) - by all of my background, previous travel history and current travel plans. As I said before, I don't have a problem with being questioned, so long as it is done courteously, and so long as CBP do what they can to help me make my onward flight. I do expect to be admitted, the questions are just over how long it takes and how I'm treated. I'll post back here once I've been through the process.
Also, for others who find this thread in future, I came across the following article which makes the entire process crystal clear - very helpful indeed: http://www.cavanaughlegal.com/immigr...l-airport-lax/.
#42
Join Date: May 2010
Posts: 98
I do not in which country the right is better on paper.The worst is US ,and English common law country such as Australian, Canada,UK , etc regarding visa and entry process. their immigration law system is same and visa and entry process is established in intensive personal invasive cross examination. The Russia is follow. Their system is invitation system, and they learn some worst part from US with their soviet era system ,and charge ridiculous price like US and introduce migration card based on US I-94.The plus is you do not need answer question and only need to pay. The best is Germany and shengen country. Visa and entry processing is based documentation you present without much question. You do not need to fill out any form on the border like US I-94 and Russian migration card.
#43
Original Poster
Join Date: Mar 2010
Location: Glasgow
Programs: BA Blue
Posts: 509
I entered Australia a few days ago and it was as easy and quick as intra-EU immigration checks. Couldn't believe it - she glanced at my entry card, stamped my passport and waved me through without a word. If only it was always that easy!
#44
Join Date: Aug 2000
Location: Exile
Posts: 15,662
The key difference between the US immigration system and that of most other countries is that whereas in most systems the issuance of a visa establishes bonafides for the purpose of admissability (and hence the PoE requires only to establish identity and that the bonafides are still valid), the US system requires that a full independant assesment of bonafides is made at PoE starting from a default assumption of inadmissability.
The US would improve their non-immigrant visa system a lot by simply getting DHS/State to stop getting into a turf war over who has the right to do what. Detailed inspections are best conducted at consular posts (where resources - and time - exist to verify third party references thoroughly) rather than the PoE which is best equipped to simply verify identity and prima facie variations from conditions of entry imposed.
The US would improve their non-immigrant visa system a lot by simply getting DHS/State to stop getting into a turf war over who has the right to do what. Detailed inspections are best conducted at consular posts (where resources - and time - exist to verify third party references thoroughly) rather than the PoE which is best equipped to simply verify identity and prima facie variations from conditions of entry imposed.
#45
Join Date: Feb 2010
Posts: 1,347
The key difference between the US immigration system and that of most other countries is that whereas in most systems the issuance of a visa establishes bonafides for the purpose of admissability (and hence the PoE requires only to establish identity and that the bonafides are still valid), the US system requires that a full independant assesment of bonafides is made at PoE starting from a default assumption of inadmissability.
The US would improve their non-immigrant visa system a lot by simply getting DHS/State to stop getting into a turf war over who has the right to do what. Detailed inspections are best conducted at consular posts (where resources - and time - exist to verify third party references thoroughly) rather than the PoE which is best equipped to simply verify identity and prima facie variations from conditions of entry imposed.
The US would improve their non-immigrant visa system a lot by simply getting DHS/State to stop getting into a turf war over who has the right to do what. Detailed inspections are best conducted at consular posts (where resources - and time - exist to verify third party references thoroughly) rather than the PoE which is best equipped to simply verify identity and prima facie variations from conditions of entry imposed.
You would also still have the procedures in the entry systems to deal with Custom issues that would not go away either.
FB