Visa does not guarantee entry: JFK customs denies entry to 300 people in two months

In recent times, the U.S. Customs and Border Protection (CBP) has implemented stricter screening measures for visa holders and tourists. According to data released by CBP on April 3rd, New York’s John F. Kennedy International Airport (JFK) denied entry to a total of 329 individuals in February and March this year, even though they held valid visas. The number of refusals in March increased by 44% compared to February, indicating a continued strengthening of immigration enforcement.

CBP stated that in March, JFK customs officers expelled 194 foreign nationals who were deemed ineligible for entry, compared to 135 expulsions in February at the airport port of entry.

It’s emphasized by CBP that the issuance of a visa does not guarantee entry. All arrivals must undergo inspection by CBP officers at the port of entry to demonstrate their eligibility under U.S. immigration laws and to “overcome all grounds of inadmissibility”.

In a press release, CBP stated, “It is worth noting that the issuance of a visa or visa waiver does not guarantee entry into the United States. CBP officers at the port of entry will inspect individuals to determine if they are admissible under U.S. immigration law.”

Under the Immigration and Nationality Act (INA) Section 212, individuals can be deemed “inadmissible” for over 60 reasons such as health issues, criminal records, national security concerns, financial burden, incomplete documentation, even if they possess a valid visa or are part of a visa waiver program. Entry into the U.S. still requires on-site inspection by CBP officers.

According to Section 291 of U.S. immigration law, applicants have the burden of proof to prove their eligibility for entry into the U.S. Applicants must overcome all grounds for inadmissibility to demonstrate their eligibility for entry.

Francis J. Russo, the CBP New York Field Office Director, stated, “CBP is steadfast in enforcing our laws to prevent those who seek to circumvent the existing immigration system from entering. Our employees are committed to protecting U.S. borders and preventing the entry of those who pose a threat to our security or break the law.”

In recent months, there have been several cases of entry denials at major airports and border ports across the U.S. In addition to New York, ports of entry in Los Angeles, Miami, Chicago, and other major cities have increased scrutiny on individuals from high-risk areas, students with visas, and individuals with politically sensitive backgrounds. Some green card or visa holders who are pro-Palestinian or anti-Semitic have faced deportations or denial of entry into the U.S.

For example, a Lebanese expert holding an H-1B visa was denied entry and deported when she attempted to return to the U.S. in March. It was uncovered that deleted emails on her phone contained photos and videos sympathizing with former Hezbollah leaders and militants. She is now permanently banned from entering the U.S. Despite a federal judge’s injunction against her removal, CBP officials insisted on her deportation.

According to Boundless Immigration, an immigration affairs website, factors that may trigger suspicion by customs officials and lead to denial of entry include unauthorized work intentions, overstaying previous visits, and discrepancies between the purpose of entry and what was stated during the visa application. To reduce the likelihood of encountering issues, it’s advised to answer questions honestly and consistently, carry proof of return travel, hotel bookings, or itinerary, and avoid phrases that may imply a long-term stay or job-seeking intentions.