A Port of Entry, or “POE,” is where a person can lawfully enter a country. It is usually at an international airport, railways, ship docks, and various highways along the national border.
In the U.S., ports of entry are typically attended to by staff and security personnel who perform tasks such as:
- Checking travel and immigration documents such as passports and visas
- Checking luggage for contraband or restricted items
- Watching trade and commerce activities
- Conducting surveillance for the individuals crossing illegally into the country
What Is an Entry Visa?
An entry visa is a kind of immigration document issued to nonimmigrant travelers who wish to enter and temporarily stay in the United States. There is a vast assortment of entry visas to choose from, each varying based on the reason for a person’s trip and the amount of time they intend to remain in the United States.
For instance, a nonimmigrant traveler may apply for an entry visa for several reasons, such as:
- To take care of business-related issues (i.e., a visitor visa or B-1 visa);
- For leisure or tourism purposes;
- To obtain medical treatment; or
- To marry a U.S. citizen (i.e., a fiancé visa or K-1 visa).
In addition, there are different classifications for each type of visa. For example, a person may apply for a single-entry visa if they only wish to enter the United States once for a short time. In contrast, they may need to apply for a multiple-entry visa if they want to make multiple trips to and from the United States.
There are also separate entry visa categories, specifically, nonimmigrant visas and immigrant visas. A foreign-born national will need to resolve whether they wish to receive a nonimmigrant entry visa or an immigrant entry visa before they apply.
A nonimmigrant entry visa is issued to individuals who only plan to temporarily travel to the United States. In contrast, an immigrant visa is issued to persons who wish to live and work in the United States permanently.
In some cases, a foreign-born national may also apply for the Visa Waiver Program (“VWP”). The VWP permits those from approved countries to apply for entry to the U.S. for 90 days or less without getting a nonimmigrant visa first. It should be noted that the conditions for the VWP are stringent, and therefore not everyone may be qualified for admission to the United States through this particular program.
To learn more about the various types of U.S. entry visas you can apply for, you should consult with a local immigration lawyer to determine which one is best suited to your conditions.
What Are Some Common Violations of Entry Visas?
There are several ways that a foreign-born national can disobey the conditions of an entry visa.
Some typical examples of behavior that may lead to violation of the terms of an entry visa include:
- Providing inaccurate information on a visa application;
- Overstaying the period that an entry visa is prescribed for;
- Staying in the United States with an expired entry visa;
- Failing to renew an entry visa or comply with its other terms; or
- Disregarding various other conditions that may apply to specific entry visas (e.g., being terminated while staying in the U.S. on a B-1 visa and refusing to leave).
Is it Possible to Enter the U.S. at a Location That is Not a Port of Entry?
Before 9/11, it used to be possible to enter the U.S. in a non-designated area, such as a back road or another less well-traveled highway. This was permitted so long as the individual proceeded directly to an inspection area.
Now, however, most back roads and non-port entry points have been barricaded, and individuals must pass through a customs gate to enter the U.S. This is to control illegal immigration into the country and control the trade of drugs or other illicit items.
Trying to enter the U.S. at a non-designated entry point may raise suspicion and lead to an arrest, detention, and potential removal from the country.
Grounds of Removal/Deportation
There are many grounds for removal. Some examples include:
Inadmissible at Time of Entry
Any alien who was inadmissible at the time of his entry or adjustment of his immigration status is deportable. Those present in violation of any law of the U.S. are deportable. A nonimmigrant (those who only planned to visit the U.S. for a short time) that violates their nonimmigrant status, and any alien who has violated the conditions of his entry, is deportable. Any alien who has helped smuggle another alien into the country is deportable. Those who have procured a visa or other documentation based on a fraudulent marriage are deportable.
Criminal Offenses
An alien who has committed a crime of moral turpitude (an intrinsically wrong act) may be deportable. It is not obvious what constitutes a crime of moral turpitude. Still, it is based upon the moral standards prevailing in the U.S. Those convicted of multiple offenses or an aggravated felony (such as murder, drug trafficking, or theft in which the term of imprisonment is over one year) may be deportable.
Drug abusers and those who break controlled substances laws or regulations may be deportable. Those who perpetrate certain firearms crimes or domestic violence offenses may be deportable.
Failure to Register/Falsification of Documents
Those who have changed their address without informing the Attorney General within ten days may be deportable. Any alien convicted of fraud or misuse of visas may be deportable. Any alien who has forged an immigration document is deportable.
Security
Those who have been or are engaged in espionage (the illegal export of goods, technology, or sensitive information) or sabotage (activities relating to the overthrow of the U.S. government) against the U.S. are deportable. Those who have or are engaged in terrorist activities are deportable. Any alien whose presence the Secretary of State believes would have a severe adverse foreign policy consequence is deportable.
Economic
Those who have become a public charge (i.e., those who end up on welfare) from causes existing before admission may be deportable.
Unlawful Voters
Any alien who has voted in an election in violation of the law is deportable.
What Do I Need to Bring to a Port of Entry?
Anytime a person is leaving or entering the country, they will have to pass through a port of entry. Whether the individual is a U.S. citizen, they must follow the Customs and Border
Protection services (CBP) requirements when passing through a port of entry.
Travelers should bring the following:
- Travel Documents
- Valid visa
- Valid passport
- Photo ID
- Any other documents or items requested by immigration authorities
Also, it would help if you never attempted to bring any contraband, illegal items, or prohibited items. For instance, certain things that don’t seem illegal may be on a list of prohibited import items (such as fresh fruits and vegetables). Some non-perishable food items (like some chicken-flavored soup packets) may not be permitted.
Do I Need a Lawyer for Help With Entry Ports?
Entry ports are associated with particular rules and procedures for entering correctly into the U.S. Before you try to enter or leave the U.S., you should familiarize yourself with the conditions for travel documents and transportable items.
If you need help, you should contact an immigration lawyer. Your lawyer can advise you on the laws and represent you in court if you’re being summoned for an appearance in court.
