We were stopped by Border Patrol while traveling within the US without our passports. Would this cause issues for future travel?
A couple of friends and I on F-1 Student Visas decided to visit San Diego Border Field State Park. We looked up the park and the requirements on the website say:
The US side is supervised by Border Patrol agents and visitors should be prepared to show ID (driver's license is sufficient).
It also says on the FAQ:
Permanent residents, people with tourist, student, or work visas can go to the park without risk.
At the entrance we met Border Patrol who asked us to show ID, all of us had CA Driver's licenses which we showed to them. They asked us our nationality and we told them that (Non US). At that point they told us we needed to have all our documents (I-20, Passport, Visas) on us at all times and just the driving license would not do. Thankfully all of us had scans of all these documents on our phones. They noted our passport numbers and told us to wait while one of them went to his car to check them out. He came back a few minutes later and told us that we would need to go the border patrol station to have our documents checked. He said it was a 'deportable crime' for us not to have our documets on us at all times.
They took us to the border patrol station in their car (after putting our belongings in a bag) and made us have our finger prints taken after which they checked out document numbers and status. After this (about 40 minutes) they dropped us back at the park without any charges or anything and told us to have our documents with us at all times. We were treated courteously and the engaged in friendly chatter and told us we didn't need to worry if we were in the US legally.
We asked one of the officers if this incident would show up on our immigration record and he said that it would but we don't need to worry as it would just show up that we were detained and released after all our documents checked out.
My question: Will this detainment be shown to the immigration officer at the airport every time we enter the United States. Will we be questioned about this?
Best Answer
First off the border patrol guy is ignorant of the laws or lying as many do.
Not carrying your immigration papers is NOT a deportable offense. Per INA: ACT 264, Sec. 264. or 8 U.S.C. 1304,
Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d). Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.
Now will the incident show up on your immigration records? Yes if they made those notes on there. It is nothing to worry about though. You may or may not be questioned about it, however once again It is nothing to worry about. Finally no it is nothing to worry about when getting OPT or an H1B.
Like I stated earlier, that potential misdemeanor is neither a deportable offense nor a crime which makes you inadmissible when you next go out of the USA and apply for a new visa or are coming back in with a valid visa.
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Can Border Patrol deny entry to a US citizen?
Even though you always have the right to remain silent, if you don't answer questions to establish your citizenship, officials may deny you entry to the U.S. or detain you for search and/or questioning. Agents may search any person, the inside of any vehicle, and all passenger belongings.What are the possible reasons for the denial of entry to the US?
Top 10 reasons for US entry refusal- Your Criminal record. ...
- Illegal work in the USA. ...
- Medical Problems. ...
- Missing evidence, test results, or vaccinations. ...
- Travel Bans for your country. ...
- Suspicious social media content. ...
- Suspicious content on your devices. ...
- Lying in your ESTA or VISA application.
Why was Border Patrol necessary?
Congress created the Border Patrol in 1924 to patrol the northern and southern borders between ports of entry. Many officers came from organizations with a history of racial violence and brutality, including the Ku Klux Klan and the Texas Rangers, carrying over the culture of a racist \u201cbrotherhood\u201d into the new agency.What happens when you are denied entry to the US at the airport?
Many foreign travelers are denied entry to the US at airport terminals every day. When you get to the airline counter, three things could happen: They apply your return ticket to your flight back. They add a fee to change your return flight date.Border Force Try to Stop a Potential Sex Trafficking Situation | Heathrow: Britain's Busiest Airport
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Answer 2
In order to make you criminally inadmissible per 8 U.S. Code ยง 1182, you have to be charged with some qualified crime. In order to get charged with something serious, you have to be arraigned, go through court etc.
Did this stop become a part of your immigration record? File a FOIA/PA request to the USCIS and to the CBP. Then you will know exactly what has been recorded about this encounter (possibly, nothing) and you will have the opportunity to correct the record.
I recollect an anecdote told by one immigration practitioner, when a very wealthy Mexican got almost denied his green card. The officer creating his record for visa application punched in an incorrect code as the reason for having his fingerprints taken. The officer used the code for "deportation" instead for the one for "visa application". So file the request and check the record.
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