Entering the United States

Entering the US does not have to be a daunting experience, despite reports of journalists being turned away at the border and sent back to their home countries, old ladies being taken away into little rooms and interrogated for hours by border officers, celebrity authors being denied entry, etc.  There are the occasional hiccups that happen, many times due to simple mistakes on the part of the intending visitor, and yes, also by the United States Citizenship and Immigration Services (USCIS) border officers themselves.  Such recent reports of problems at the US border indicate that there is a rise in cautiousness on the part of the USCIS and such caution may once in a while come across in the form of a touchy, short-tempered border officer.  If those entering the US prepare themselves before they travel, there is less likely a chance of a problem occurring at the US border. 
 
The first thing to do is determine if you need a visa, or if you are allowed to travel on the Visa Waiver Program.  If you do not, you will likely need a visa.  Many individuals make the mistake of assuming they have free and clear access to enter the US either because they are from a country that is an ally of the US, or because they haven’t had problems entering in the past.  These same individuals may sadly encounter problems, if they haven’t already.  Sometimes such problems may not occur at the US border, but will be in the form of an error that comes back to haunt them on a subsequent trip into the US.
 
Secondly, in order to prepare for entry in the US, you will need to gather any necessary documentation for presentation at the US border to a USCIS officer.  At minimum, all individuals entering the US, including US citizens, will be required to present their passport upon entering the United States.
 
While en-route to the US, the airline or vessel carrier should give all non-US citizens a form I-94 (Nonimmigrant Visa Waiver Arrival/Departure Form) to complete.  If you are travelling on the Visa Waiver program, you should fill out the green-coloured I-94W form.  If you are travelling with a non-immigrant visa you need to complete the white form I-94. 
 
When you pass through Border Patrol, you may be asked a series of questions.  If you are a non-immigrant, you may be asked to present documentation in order for the Inspector to determine your immigration classification and how long you are allowed to stay.  Such documentation will vary, depending on the classification you plan to enter.  If you plan to enter on the Visa Waiver, you may not need to present documentation, other than proof of a return ticket to a location outside of the US.  If you have questions about what documents to bring with you when entering the US, if any, please do not hesitate to contact us.
 
It is important for all those who enter the US to check the stamp received on their I-94 card immediately upon receipt of the stamp.  Remember, the Bureau of Customs and Border Patrol can, and sometimes do, make mistakes.  If you have questions or concerns about a stamp you have received on your I-94 card, feel free to phone us.  If you are certain an error has been made on your I-94 card, you may enter a USCIS district office, where you may be directed to Customs and Border Patrol in accordance with that particular agency’s procedures.  Alternatively, form I-102 (Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Application for Replacement/Initial Nonimmigrant Arrival/Departure Record) can be completed and filed.  We are happy to help with the filing of such form, should the unfortunate event of an error on your I-94 arise.
 
The information entered onto the I-94 is important, as it will record the class of admission and period of admission.  It is the basis for all further immigration-related activity in which you may engage while in the United States. Benefit agencies, specifically the Social Security Administration, make decisions based the hand-written endorsement recorded on the Form I-94.
When you leave the United States, you should give the I-94 to your airline representative. If you are departing over a land border, give it to a Canadian or Mexican immigration inspector. The I-94 Form that has been approved by a CBP Officer proves that you arrived in the country legally and that you have not stayed beyond the period of your authorised stay.   Once more, be sure to turn in the I-94 Form to the proper authorities on departure. This returned portion of the form proves you did not violate U.S. laws by staying in the country too long. It is proof that you obeyed U.S. immigration laws, which is essential if you want to return to the United States at a future date as an immigrant or non-immigrant.

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