Denied Entry to USA
Reasons for Denied Entry to USA
Most foreign nationals who are denied entry to the US are those attempting to enter as tourists with B1/B2 visas or through the VWP Visa Waiver Program. In order for tourists to gain entry to the US, they must establish to CBP, the Immigration Officer, that their trip is for tourist purposes and that he or she intends to return home before their authorized period of stay which is typically 6 months for B1/B2 visa holders or 90 days for VWP entrants.
212(a)(7)(A) Documentation Requirement for Immigrants
If CBP believes that the foreign national, who requests a temporary entry, but believes that the foreign national truly intends to stay permanently, he may deny their entry pursuant to 212a7A and require them to obtain an immigrant visa before attempting reentry.
212(a)(6)(C)(i) Misrepresentation
If CBP believes that the foreign national made a material misrepresentation in order to attempt entry, such as stating that the applicant intends to visit Disney when they actually intend to work for a specific company, he may deny their entry pursuant to 212a6Ci.
212(a)(9)(B) Unlawful Presence
If CBP believes that the foreign national was previously in the United States illegally for a period of more than 180 days, he may deny their entry pursuant to 212a9B.
A complete list of reasons why a foreign national can be denied entry can be found here. INA 212 Inadmissibility.
What Happens When Denied Entry to USA
If you are denied entry to the US, CBP will normally give you an opportunity to withdraw your application for admission. If you withdraw your application for admission or if CBP orders your removal, you will be placed order oath and CBP will complete a record of incident. If this occurs, be sure to obtain a copy of this record. CBP will then place you on the next available flight with the airline to your home country (or car or boat depending on your method of entry).
Options to Address Denied Entry
After you have been denied entry, you will have three options to attempt a reentry. First, if you believe that CBP had no valid basis to refuse your entry (e.g. They accused you of misrepresentation but you made none) then you can challenge the denial of entry with CBP or provide evidence that the denial was made incorrectly. Second, if CBP denied your entry because they want you to enter as an immigrant rather than a nonimmigrant, you can obtain an immigrant visa. Third, if your entry was denied and the ground of inadmissibility does apply (e.g. you previously overstayed more than 180 days) then you can apply for a waiver of inadmissibility and then reenter.