US Visa: Travel Risks Explained by an Immigration Lawyer in Houston

I’m going to start out by saying something that might surprise you, but it’s true: Having a visa in your passport or clearance through the Visa Waiver ESTA portal does not mean you will be allowed to enter the U.S., It’s hard to believe, but even after a person is approved for a US visa at an Embassy or Consulate, or is cleared by Customs and Border Protection through ESTA, CBP has the authority to refuse entry to a person. Here are some travel risks explained by an immigration lawyer in Houston.

When we watch our favorite TV channels (take, for example, HGTV’s House Hunters International), we see happy folks making a decision to move to another country, and simply arriving there. The important decisions are what type of house to live in, what’s the best location, and how much do I have to pay for it? As we watch, few of us stop to ask if these people, who are often Americans, applied for the right visa, obtained an immigration lawyer, were vetted through security clearances, and if their purpose for being in this new country accords with their legal status. (When was the last time you asked yourself, Are they authorized to work in Costa Rica? Are they allowed to own a business in Mexico?)

Department of Homeland Security Secretary Jeh Johnson announced today that travelers seeking to use the Electronic System for Travel Authorization (ESTA) program to enter the United States under the Visa Waiver Program will be required to provide additional information in order to improve security.

On February 28th, the U.S. Department of State announced that Chile would be added to the Visa Waiver Program. Beginning May 1, 2014, nationals of Chile may enter the United States without a visa, provided they meet the requirements of the Visa Waiver Program. The full announcement is available here.

On November 19, 2013, USCIS issued a new memo regarding the Visa Waiver Program (VWP) and VWP entrants who seek to apply for Adjustment of Status to Lawful Permanent Resident. The memo is available here.