Immigration Corner | Can I travel?

Dear Mrs Walker-Huntington

I’ve travelled on my visitor’s visa three times. The first time I spent three months, the second time three weeks, and the third time I went up to have a baby and I spent three months and three weeks. However, I took no form of health insurance when I went up to have my son. I’m still making monthly payments to the hospital.

It has been almost two years now since I’ve had my son, and I haven’t gone back to the States.

However, I’m planning on traveling soon. What is the best advice you’d give?

Kind Regards,

– H.J.

Dear H.J.:

A person who travels to the United States on a visitor’s visa is supposed to visit and return home. At the US port of entry, the US Customs and Border Protection (CBP) Officer may grant the visitor six months in the United States – even if the person advises they are visiting for a couple weeks. Sometimes the CBP Officer makes deep inquiries into the purpose of the visit, the people’s life at home, and even how much money they are travelling with.

When a visitor remains in the United States for three months, the presumption is that they were working without authorisation, and the burden is on the visitor to show otherwise – either at a future entry or when their visa is to be renewed. If six months are granted to a visitor, it is usually out of convenience that in the event a person needs to legitimately request an extension of stay they do not end up being out of status. Unfortunately, many people see the six months as a green light to remain up to the six months not realising that it jeopardises future visits and the visa renewal.

You also had a child in the United States, but thankfully, you did not accept public assistance from the US government to pay your expenses.

On any future visit to the United States, or at your visa renewal, you should be prepared with evidence of how you supported yourself during your two extended three-month visits and that you paid for the birth of your son. Even with this evidence, it is up to the CBP Officer to admit you into the United States on a future trip as each time a person with a visa arrives at the US border, they are asking for permission to enter the United States. The CBP Officer can revoke your visa and deny you permission to enter. Likewise, the Consular Officer at the US Embassy can refuse to renew your visa even if you have evidence as outlined above.

Dahlia A. Walker-Huntington, Esq is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a mediator and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com