Why was I (or my friend, relative, etc.) denied entry to the U.S.?
- Oct 11, 2008 (06:13:04)
미국 공항에 도착하여 입국심사를 받았는데 미국 입국이 거부된 경우는?
There are many reasons for a person to be denied entry into the U.S. The most obvious are if a person has previously worked illegally in the U.S., is suspected of being an intended immigrant (i.e. planning on staying in the U.S. past the terms of their admission), or of having ties to terrorist or criminal organizations. But there are many more reasons for persons to be excluded from the U.S. Among them are having been found guilty of crimes of moral turpitude (Child molestation, rape, fraud, theft, etc.), having been found guilty of a criminal offense (for instance murder or grand theft), having overstayed a previous visit to the U.S.,or if the visitor is suspected of having an infectious disease. In addition, tourist visitors to the U.S. are expected to have sufficient funds to support themselves while here - in order to ensure that they will not attempt to find employment in the U.S., which is a violation of the terms of the tourist visa.
Tourist visitors must also be able to demonstrate that they have significant ties to their resident country. This is to ensure that they are not coming to the U.S. with the intent to illegally stay here as an immigrant. In both of these cases, it is up to the visitor to be able to convince a CBP officer of their intention to abide by the terms of their visa. If the visitor does not appear to have the means to support themself while here, any alternative arrangements - such as a sponsor who will be paying all expenses - should be clearly identified and be able to be substantiated by the CBP officer.
Finally, if you have been denied entry in the past, that could itself be cause to deny you entry again. If you believe that the previous denial was for something that no longer applies (i.e. you now have sufficent funds), you may write a letter explaining the reason you were denied entry, where and when it occured, and why you believe the reason for the denial of entry should no longer be a factor. This is no guarantee that CBP will agree with your reasoning, but we will take it under advisement.
Send the letter and the attached form (filled out and signed by you) to:
Customs and Border Protection
Customer Service Center, Rosslyn Virginia
1300 Pennsylvania Ave. N.W.
Washington, DC 20229.
It is also possible to contact the U.S. Embassy, Office of Consular Affairs in your resident country to request a waiver. The waiver essentially mitagates a legitimite reason to deny entry on the basis that the previous negative circumstance is no longer a significant concern. Likewise, many countries' court system will issue a discharge or pardon (the legal term can vary) of a guilty finding if you have not offended again within a certain amount of time. Discharges or pardons may be considered by a CBP officer to mitigate a reason to deny entry, although they do not guarantee it. As mentioned above, being convicted of some crimes will permanently bar the offender from entry into the U.S.
If you believe that you have been denied entry for no legitimate reason, you may click on the "ask a question" tab at the top of this page to submit the complaint. It will be forwarded to our passenger processing office for review. Please be sure to include all details, such as time and place of arrival, reason for denial of admission, and any evidence you have that you believe should have resulted in a decision to admit you into the U.S. We will also need your full name, date of birth, and contact information such as an address and phone number
Please be aware, entering the United States is a privilage, not a right. It is not our intent to inconvenience law abiding visitors to our country, but our overriding responsibility is to enforce U.S. immigration law and to keep our country safe from those who would do us harm.