How To Get Permission To Enter the United States

The U.S. Citizenship and Immigration Services (USCIS) is a unit of the U.S. Government, Department of Justice, and enforces immigration laws.

Generally, the American Embassy or Consulate in your home country will give you a visa, stamped into your passport, which allows you to legally enter the United States. Under the Visa Waiver Program, tourists from many countries (such as Canada, Japan, New Zealand and most European countries) with a valid passport are allowed to travel in the U.S. without a visa. Such tourists are allowed to stay up to 90 days.

The INS is supposed to keep out aliens who have a criminal history, such as those who have been convicted for crimes like murder, robbery, rape, forgery, burglary, welfare fraud, tax evasion and drug related problems. Similarly, aliens who are involved in terrorist or sabotage activities are not admitted, nor are aliens who suffer from certain illnesses or communicable diseases. Aliens who are not able to finance themselves because they don’t have sufficient income or resources and could need public assistance are not allowed to enter. The INS also excludes people who obviously are lying about their intentions for coming to the United States. Commonly, visas are denied due to failure of the applicant to prove that he or she has ties abroad that would compel them to leave the United States at the end of the temporary stay (often called the 214(b) visa refusal).

Case Studies: Securing Entry Into the United States

Case Study 1: Denied Visa Due to Lack of Ties Abroad

John Smith, a citizen of Australia, applied for a tourist visa to visit the United States for a vacation. However, his visa application was denied under Section 214(b) due to failure to demonstrate sufficient ties to his home country.

Despite providing evidence of his return ticket, employment, and financial stability, the consular officer deemed that John did not have compelling reasons to leave the United States at the end of his stay.

As a result, his application was denied, and he was unable to enter the United States.

Case Study 2: Visa Waiver Program and Temporary Stay

Emma Johnson, a citizen of the United Kingdom, planned a trip to the United States under the Visa Waiver Program. She intended to explore various states and spend approximately 60 days in the country.

As a participant in the program, Emma was allowed to stay up to 90 days without a visa. However, it is crucial to adhere to the permitted duration of stay to avoid any legal complications.

Emma carefully planned her itinerary to ensure she complied with the program’s requirements and departed the United States before her authorized period ended.

Case Study 3: Inadmissibility Due to Criminal History

Carlos Rodriguez, a citizen of Mexico, applied for a visa to reunite with his family residing in the United States. However, his application was denied due to his criminal history.

Carlos had a previous conviction for drug-related offenses, which rendered him inadmissible under the Immigration and Nationality Act.

Despite having family ties and a valid reason for entry, his past criminal record prevented him from obtaining the necessary permission to enter the United States.