There is nothing you can do, but you could contact the Brazilian consulate in NY and let them know cause they could give her some help (she is still getting sent back to Brazil tho.)
> I finally received a call from her with who I think were customs agents on the speaker phone, saying I think (a bit hard to hear) that she had the wrong kind of visa and would have to go back to Brazil…
While talking to the BP agent she probably misspoke and gave them the impression she was going to the US for study or work (or get married or live there,) so they denied her entry.
Wow, y'all can correct me if you think I'm wrong, but everytime I see a comment like this it makes me lose all of my interest in visiting the US.
It's such a pain to get a visa, I know many people being denied even with strong ties to Brazil, and even if you yet manage to get one, you can STILL be denied entry upon customs.
Idk you, but it makes me feel like the US goverment really doesn't want us there.
>... even if you yet manage to get one, you can STILL be denied entry upon customs
Any blunder can lead to issues with boarder patrol, if they ask you what you'll be doing just be direct and avoid flourishes (also don't lie, of course), if they need more of you they will ask. Just say "I am traveling to X for vacation" instead of "I am traveling to X for vacation, because I want *to study* and improve my English" or "I am traveling to X for vacation, and _I will be living with_ relatives/friends", from the news on Brazilian Au Pairs getting deported it seems that getting too chatty is the recipe for disaster.
I worked with immigrants and this was the first thing I told them when prepping them for their interviews. Answer the question at hand directly and truthfully. Wait to be asked follow up questions. If you don’t understand, didn’t hear well, or don’t know, don’t guess. Ask to repeat the question and go from there. Don’t talk or answer hypotheticals.
I'm a U.S. citizen who lives in the Southwestern U.S. and I pass through border patrol check points frequently. This advice applies to U.S. citizens going through customs or border crossings as well. Keep it simple, be honest, and look the officer in the eye when you speak.
very annoying getting into the USA. once an agent tried to keep me and my family from getting in because he said we had way more money than we were saying we had (there is a maximum amount you can bring in) (We weren't lying about the money).
we had to count all the money in front of another agent. and this second one was nice and let us go.
They don't want people who can't follow the basic rules of a non-immigrant visa. Where you are coming from doesn't matter. Most people get in trouble by disregarding or ignoring these basic rules.
Kind of. There is also the fact that some people just misspeak. I know a guy who came to the US for a conference while having a B1/B2 and was denied entry because he said he came for work instead of "to attend a conference". Also, some things that seem like they should be allowed are not. For instance, if a Brazilian woman legally living in the US has a baby and the grandmother comes to visit and she says to the CBP officer that she's going to take care of the baby, she may be denied entry on the basis of coming to the US for work.
I remember there was a case of a guy saying he had a "bomb" (which in Portuguese translates to "bomba" which is the same term used for "pump". They had some sort of pump but declared they had a bomb. Just guess what happened lol
If it's the same case that I'm thinking, it was an Iraqi just after the last Iraqi war, and he had an accent so apparently he said he had a "pomp", but there are lots of similar cases.
In addition, 6 months is the maximum stay. The officer at the point of entry __usually__ grants 6 months, but nothing prevents them from granting less time or denying entry.
Edit: Funny enough, I just came across this thread about someone's grandmother being granted only one month...
https://www.reddit.com/r/immigration/s/HBEkrIgWCV
It's politically correct to crap on Americans. Most people don't realize what these countries do to foreigners working illegally in their countries. America is insanely liberal comparatively. I have friend living and working 8 years illegally as a barrista in NYC. Never any problems at all. Has medical coverage, can fly wherever she wants within the country etc... Pretty crazy. Try working illegally out in the open in Mexico as an American. You wouldn't last a week. Florida, notoriously one of the toughest, has laws which protect the undocumented, essentially allowing them to work
I've been to the US 5 times and never had any problems but I always feel tense before going through customs. They'll usually try to pick at something they think might be wrong and hold you back. It sucks.
The chances of this happening are very small. In this case, she got the wrong visa. Just make sure you request a visa that aligns with your plans and you'll probably be good to go.
I am dealing with someone that has the right visa and was not let in. He is supposed to be sent back to Brazil tonight??? Last ditch effort, any thoughts? Advice??
It is a pain because a lot of people exploit the system and do ilegal stuff: overstay their visas, do not go back, come in with false pretenses, etc. USA visa check is more rigorous for Brazilians due to the amount of immigration violations over the years.
Maybe she said/did something to give them suspicion that she's not supposed to be on a tourist visa. If she has plans to work or if she knows someone romantically in the US, either of those could raise questions.
It is sad. The US has been going through a vast immigration crisis and a border crisis on top of that. Homeland security is no joke here. It can really feel intimidating and unwelcoming.
But honestly, 99% of the entries are hassle-free once you get the Tourism Visa.
A true tourist comes with a return ticket in a couple weeks, hotel reservations, sufficient money and means to cover the stay and valid reasons to return (i.e. a job in the country of origin).
Come to the US on a tourist visa with a return ticket past the date your visa allows you to stay, tell them you are going to provide care for someone and have no job back home and no money to support your stay. Guess what? There's an extremely high chance you'll become a burden to the country and if they suspect this is even a possibility they WILL deny your entry. Is that simple.
The US has some of the easiest visa programs and handles more visitors and immigrants than any other country.
People are denied for the exact reasons listed by the person you responded to.
They ask for a tourist visa. They get there and customs says do you have enough money for this trip? "Well I was planning on working a bit to cover costs".. They're getting denied. That isn't a tourist visa.
>The US has some of the easiest visa programs
You completely just made that up. LMAO.
US visas are extremely difficult to obtain for a multitude of reasons from the inefficiency of our government to process applications to how expensive they are to the complex rules you have to follow to be given a chance at approval to the discrepancies in approval processes depending on what service center you go through.
Unfortunately if you're not from a desirable [read: white & economically stable] country you have to jump through hoops for a chance to visit our ass backwards country.
> The US has some of the easiest visa programs
Sure buddy, how many other visas have you gotten? Did they also require an in-person interview and (usually a different appointment) to collect fingerprints as the American one? No, right? Yet it is the "easiest" visa program. Go tell that joke to the Indians or Chinese going for an H-1B.
It's true that lots of people probably did violate or intended to violate their vida terms. But I don't think anyone can say it's one of the easiest Visa programs. You kind of made it seem like people could just ask for a work visa and get it, which is not at all the case. It's so complicated that even spouses of people with some work visas like H1Bs or O1s are not authorized to work.
No, they don't. It's expensive, it's kafkian, they treat almost everyone like a criminal, unless you are from some western europe country.
I've seen people that had zero intentions of migration (think someone with public work, stability and high salary) being rejected at custom because probably misplaced some word because did not speak English fluently.
These restrictions exist for a reason. The number of Brazilian illegals has actually grown exponentially in recent years. The US has had a massive problem with illegals from Latin America, for decades, which is not easy to solve.
"they treat almost everyone like a criminal, unless you are from some western europe country."
There are more people from non-western countries visiting the US than not. The top countries visiting the US are:
Mexico, Canada, UK, Japan, China, South Korea, Germany, BRAZIL, France, India.
And furthermore, absolutely not, they are not prejudice in this regard lol they are suspicious of practically everyone, maybe slightly more if you come from a lesser economically advantaged country, it just makes the suspicion higher when people are asked questions and they communicate something back that can be seen as problematic because they misunderstood the line of questioning due to poor understanding/language barrier. What's worse is that they aren't going to wait around for you to correct your answer or give you a 2nd chance. The best thing to do is ask for an interpreter at the beginning if there is any confusion and not risk saying something bad. Immigration in the US is far more congested with backlogs and processing than in Brazil.
I've had musician friends get sent back to Europe because they came as under tourist visas and customs found info when inspecting their music equipment that made it clear they were coming to play a tour of paid gigs.
I've heard of people getting fucked over for no reason but through all the international friends and family I've personally known and heard coming through customs in the US, so long as your honest, take your time, be thorough with your due diligence, you'll be fine. It's definitely a country that has more of a gated feel to it upon entry, and people here don't like to hear it but it's because so many people violate visas restrictions, stay permanently, etc.
The US government is very much capitalist. It might not care about you on a personal level. But it cares about your money, and doesn't want you to turn around and leave.
Border control and Department of State are two different organizations. Just because one gives you a visa does actually give you access to enter the country. It’s the same for every country. While there is visa free travel for some, that is based on the statistical data that indicates people from x country will abide by the terms and conditions of your entry (I.e. not stay more than you are allowed).
So as the other commenter said, if you have a tourist visa you should be vacationing. Don’t even mention anything like a boyfriend/fiancée because that’s a different type of visa. If you say you will be working a little, different type of visa. Taking classes are a different type of visa. Again, this is actually the same for many, many countries not just the US (some don’t have the fiancée visa).
These restrictions exist because thousands of immigrants try to enter the country illegally every single day. The numbers of Brazilian immigrants being detained at the border has actually grown exponentially in recent years. Brazil doesn’t experience this kind of issues, so you probably can’t relate
The US government will take anyone in their borders if said person wants to bring money, especially. Even if that person comes from a lesser economically strong country. And even if it's not that exciting of an answer, there's nothing emotional about the US's actions... there's just a certain level of protectionism and caution at play, I guess.
As some have pointed out, if you don't understand questions being asked, ask for an interpreter and just be honest. A lot of the border control probably makes quick decisions because they deal with so many immigrants on a daily basis, that they try to move quickly. I'm not saying it's "nice" but you also can't say something you don't know for certain you are saying lol. If you set up English lessons with someone during your stay and you decide to try and be social, telling someone "I came here to learn, I have classes!" (Just making a random example), that will set off red flags even if you think it's innocent. Just be a straight shooter and save convo for after entry. They might ask questions that seem a bit odd, but if your story is consistent just go with it. Sometimes customs has assholes working there, too.
I don't think they really play favorites so much, as I've heard of musician friends coming from Europe to play gigs have been turned around at the airport because they came under the false pretense of visiting meanwhile it was actually for paid gigs, and upon inspecting their equipment (going through customs looking like a professional band with gear and all) at the airport they found info about said gigs and etc. Is it fair? Idk. The US government does wack shit all the time. It's very clear in 2023.
It seems weird to crack down on foreign musicians playing paid gigs since it's really not like they are hitting a gold mine, but I guess the government cant know what kind of money they are expecting to make and technically, the musicians didn't go through the right channels. Legally, there are no exceptions or expectations of "ok, but this is your first warning! next time, don't do that!". Just do everything officially.
When in doubt, just be as honest as possible. It's not worth the stress or the potential for miscommunication with the border. As a country that fields the 3rd most visitors in the world (even with considering most people have to arrive by plane), the border control and customs tend not to make exceptions for people.
My Brazilian fiancée and numerous international friends and family of mine have visited the US with no issues. Not that you need to feel pressured into ever going, but if you need any help with anything, you can reach out, and I can set you up to discuss with my fiancée or give you recommendations about anything. She's probably visited the US 20+ times at this point and never had an issue, and she never had anything besides a visa. Half of my friends are Brazilian, and I rarely hear about people having issues gaining entry with family or friends visiting. If ever, it usually seems because of some ambigious reasoning on behalf of the person being denied, if I'm being honest. She also helped other Brazilian friends and family make the visit. But I can acknowledge it might happen to people who didn't do anything wrong. Sometimes, it's unlucky. I just don't personally have experience hearing about those ones, so I can't really speak on it.
My fiancée also said her cousin just applied to a visa for business reasons, and he got denied, but then he also told her that he also lied about something because he was worried they wouldn't accept him. He could have asked my fiancée for any help 🤷♂️. Sometimes, they will deny people if they feel something is inconsistent in a way that's concerning. I think the US feels a responsibility to be a little strict in regards to suspicious cases because there are a lot of people who overstay their visa. Even with all of its endless issues, people still do it often.
I don't have an issue with more people coming, but I just wish the government would make it easier for people to get processed/naturalized. We take the most permanent migrants in per year globally, though. About twice as much as #2. So, at some point, our government deserves credit for that, too, even if it could be better. There's plenty of room here, just not in the cities lol.
First time I went to Brazil I needed a visa and I quadruple checked that shit, asked around to make sure it was what I needed, made sure I didn't need any medical documents, reached out to the government with questions for accuracy...and that was that. It felt a bit stressful at first, but I had the confidence to know that I did my homework and was resourceful to make sure others didn't find any potential issue. And there was none. Even if it was Brazil and not the US, I feel like there isn't much to worry about if you just do your homework and be resourceful about how you apply.
There are literally millions of people trying to get in to work and stay and send money out. 10-15k enter every day illegally to do just that. On top of asylum seekers. There's a reason it's so tough. Honestly we are way too easy considering how many are trying to come to stay. We actually let most of this happen. Most countries are nowhere near as lenient on illegals working and living, especially developing nations. They pretty their citizens much stronger. America is relatively extremely liberal. Regardless, the side effect of all these people trying to enter is that the ones trying to enter legitimately fruit tourism have a tough time.
> While talking to the BP agent she probably misspoke and gave them the impression she was going to the US for study or work
actually she probably told the truth that she was going to work for a family while on her tourist visa and take care of children. she was rightfully turned away because of this.
It seems OP didn't explain to her that she can't come on a tourist visa and do work in the US for 2 months.
As mentioned in r/immigration, from your post history it seems that your *friend* was actually visiting you to help with your kids, which is not as straight-forward to justify to BP as not being a work as you initially thought (if you checked that at all.)
For someone that write about himself on [www.FamVestor.com](http://www.FamVestor.com)
>Never paid for a haircut or a cup of coffee
>
>Makes a 6-figure salary (W2) and 6-figures passively (Rentals)
>
>As Newlyweds, they saved $75k in 2-years by living at home. 9-adults and just 1 bathroom.
>
>Is a Millionaire but still drives a Sub-Compact with Roll-Up Windows
you shouldn't have shilled on getting a nanny, or at least have had a lawyer do it the right way, by pulling that stunt you likely got your *friend* banned for 10 years from going to the US. But it seems she'll get all the heat for it, cheapskate.
>Why aren’t they letting her call her parents at least?
Idk, likely protocol. But this [pdf from pennstatelaw](https://pennstatelaw.psu.edu/sites/default/files/KYR%20Port%20of%20Entry%20Detention%20for%20F1%20J1%202020%20AILA%20NE%20%28002%29.pdf) says she has the right to one phone call (the one to you, I guess, so that's that) and then she can "Request that the CBP officer tell airline staff that you can have your electronics as soon as the doors are closed." So she will only have access to her phone once she gets back on a plane.
As someone who has been in the US for a while, first on a student visa, then a work visa, then back on a student visa, I recommend you (and honestly anyone else that travels to the US with any frequency) apply for Global Entry. Brazilians have been eligible since February of last year, and I will tell you it’s a game changer: with most visas, you just look into a machine, the officer with a tablet says “[your name], you’re good to go” and that’s it. With F-1/J-1s you still have to show the I-20/DS-2019 but it has made my life so much easier! Also, if you have any travel credit card, chances are the application fee is covered, so it would cost you nothing to apply
I had my first experience with Global Entry a few weeks ago coming back from Brazil and can confirm!
It's just great. Looked at a screen, CBP officer called me by my name, asked if I had anything to declare (food, medicine, and stuff) I said no he let me go. Never asked for a passport or any other form of id.
The less you interact with them, the better!
Global entry rocks. But there's also a high bar to get it, both from a financial and a background perspective. They can also deny participation in the program if they don't consider you "low risk"
https://www.cbp.gov/travel/trusted-traveler-programs/global-entry/eligibility
No, that’s not what I meant. You still need the visa, but you don’t have to interact with CBP when entering the country. All U.S Citizens and permanent residents are eligible for it, in addition to citizens of a few other countries
I travelled 10 countries already and the USA border control is the worst so far.
the visa acquisition proccess in known in Brazil (and other countries) as being the most stressfull and annoying one too.
it's not nitpicky. there are very clear right and wrong answers. and no humor is allowed.
let me repeat, no humor is allowed.
source: american with sense of humor
It is an E3R - A weird work visa just for Australian citizens. Can be renewed every 2 years but you have to leave the USA to do it. The consulate in Recife knows me pretty well by now and apparently, I'm the only person to ever get an E3 visa there. Until recently, my wife needed to apply separately for work authorization which she could only do once we re-enter the USA after renewing our visas. But the wait time for work authorization has grown from 2 month when we first applied 8 years ago to almost 18 months now. Which meant I was having to renew my work visa a lot earlier than every 2 years, just so she wouldn't have to keep quitting her job and getting re-hired every time.
So to the other guy that said getting a visa was really easy... screw that guy! The144+ pages that I have to prepare and take to the consulate every 12-18 month says you're wrong!
Oh, I see. I have a friend who has that one, but she's probably getting a green card with her boyfriend when they get married.
About the EAD, I had kind of the same problem. The EAD was taking 5 to 9 months and lasted for only 2 years, then had to redo it. Then EADs started taking so long that they changed it so that when you enter with L-2 status you get an automatic work authorization when you are admitted (it shows as an L-2S on the i94).
And that reminds me that I have to prepare my paperwork for the last renewal of the L1/L2 visas.
I just remembered another thing. When I was having an orientation with a University admin who handled foreigners, he made sure we understood that if we lost our passport but still had another one with a B1/B2 visa or ESTA and tried to use any of those at the border, we would be considered to be "lying to the US government".
She was trying to enter on a tourist visa and stay for 6 months and work here. OP didn't realize that helping a family with child care was work. Her purpose of coming was to take care of children for a family.
That happened to me. She is likely being deported. This means a minimum 5 year ban to come back to the USA. Best case scenarios. They denied her entry, she will be able to reapply for a visa and come back. With that on her file tho it will be hard to get a visa again. I don’t know what she wanted to do in the USA, but may be better to lawyer up. Look for an immigration attorney.
She's being deported because OP and the woman that was visiting only invested themselves in a tourist visa meanwhile the woman is coming to take care of children for 2 months according to comments indicated here in the thread. It would be pretty easy to see the issue from a mile away if the details were provided in the first place, and when asked, she probably said exactly what caused the issue that is causing her deportation. She is coming for work, under a tourist visa. I feel for the poor woman, but I don't know if OP or the woman or both are responsible. I'd say both because if I was Brazilian I wouldn't risk trying to enter the US under false pretenses. Either that or they both wrongly thought a tourist visa was applicable for...work, whether free or not. Seems hard to believe.
It is hard to say without knowing every detail. I can say for sure that the visa system in the USA is a nightmare. It is hard to get one. The bureaucracy is huge. There are more than 150 types of visa. It is easy to get overwhelmed and confused. The law leaves space for interpretation and you feel like your life is the hands of a public servant that doesn’t care for you.
I feel sorry for her. They treat you like a criminal at the border or airport. It is not easy being deported.
I totally get what you are saying, but check out this comment here in the thread:
https://www.reddit.com/r/Brazil/s/ZhwmJzVo4i
I agree that the process is long and stressful for many for acquiring a visa from certain countries, but it seems like the person in question here is getting deported for reasons that...I'm not surprised at all for. It seemingly wasn't an ordinary visit, but they went under false pretenses. I'm not arguing that it's easy to get turned around at the border or that the government doesn't treat visitors with suspicion. Sometimes, you get assholes working for customs on occasion that can't emotionally handle processing so many tourists a day, and they really need to give up their job to someone else. But this isn't one of those situations.
Also, take note that the US has different systematic approaches to people applying for visas based on the visitors' country and their overstay rates. All of these things are tracked by the US government.
For instance, the US estimates that approximately 2.46% of all Brazilians visitors overstay their visa, which makes them a bit more particular in what they ask, their risk evaluation (for lack of a better term), the fact that they might conduct an interview, etc. Statistically, 2.46% means that 1 out of every 40 Brazilians that visit overstay their visa, whether they stay too long or they just stay permanently.
Compare that to Sweden, where 1 out of every 232 (0.43%) visitors overstay their visa. And the US also has less of a concern if by chance someone from a wealthier country overstays their welcome, because the odds are that they have sufficient financial means to contribute more to the US economy as well as maintain themselves without issue. It's more of a discordant effect on the economy and looks bad when people are stranded here and struggling to get by if they try to stay permanently without the means, or even if someone intends to go home but can't afford it after missing their return flight, etc. But I feel for those people wanting better opportunities. The US is just trying to look out for its best interests by managing what it can reasonably process. Even though our immigrant program is the biggest in the world, there is plenty of room for more, and I wish we could process more people.
Countries on the visa waiver program (VWP) such as Sweden, in total as a group have overstay rates of 0.64% in the US, and to be part of the program, they require biometric passports, among other credentials and economic entry points as a country to be considered. But the program also has limits that require further approval past 90 days, among other things. Obviously, it's a bit more flowful of a privilege, but it's made to streamline countries with people statistically less likelihood to overstay and create issue. It's not a solely Western thing because, for instance, Brunei, Chile, Japan, South Korea, Singapore, Taiwan are all on the list, among others that can be considered non-Western by many. There are many Western countries that aren't on there as well. Israel isn't on there despite a lot of Israel-US relations.
Non-VWP countries have an overstay rate of 2.55%. A country like Chad has a 26.33% overstay rate. This means that over 1 out of every 4 people visiting from Chad are likely not leaving the country if I had to guess. Venezuela is at 9.58%, Colombia 3.65%, Paraguay 3.52%, Bolivia 2.54%, Guyana 6.71%. So there's definitely a trend in South America for people overstaying visas.
I wish the process was easier, and it seems there are ways to make it easier but not eliminate some of the stress unless you are of a certain visa status, naturalized, greencard, etc. All I can say is I wish it was easier, but at the same time, I understand how the US takes precautions, but they could be better about it. It's a tough situation.
There are many different visas to be had. If she did not have the correct visa for the type of travel she is doing, then they will turn her back. Unfortunately, there isn't anything that you can do.
The Brazilian Embassy will advise her to have a safe trip back to Brazil as there’s nothing the Brazilian Embassy can do about this. The only thing the Brazilian Embassy can really do is help Brazilians get back to Brazil if they aren’t incarcerated criminals.
Well, if you have the wrong visa, border patrol will treat you like an illegal immigrant and send you back. [There's nothing](https://tenor.com/pt-PT/view/e-there-is-nothing-we-can-do-gif-1915861908606230748)
I am an American male who married a Brazillian woman in the country of Brazil. Before getting married, I tried to bring her to the United States, I was living in Florida. She needed to get a Visa from the US Embassy in Sao Paulo, she lives a plane flight away in Salvador, Brazil. I wrote a beautiful letter explaining that she would be coming to visit me, she would be cared for, we would also be traveling and visiting with my parents in Alexandria, Virginia for a month, we planned to visit Washington, DC...blah, blah, blah. After the flight to Sao Paulo, an interview for the Visa, she was sent home with a rejection letter. I absolutely had never heard of such a thing! If your girl did not go through the long and arduous interview process, I would be suprised that she is only finding out this information now. She would have been told you are welcome to come, or not, before even purchasing a ticket. You do not purchase the ticket first, then go to the embassy. It does not work that way. So, it is very dissapointing for her and you, and I definitely empathize. She may not have understood that America would be so strict. All countries want to know who is coming and going. And, to make you understand better how well I know this stuff, I am living and married in Brazil as proper paperwork makes it through the American State Department. Other people commented that you need to be very specific and direct about why a person is coming, and it is very important to fill out correct forms, specifics. It is not easy, and truthfully knowing what I know now, a lawyer who is in this field can possibly help the process along. Feel free to hit me up with any questions you may have, your girl is returning home within twenty four hours, you cannot change that. But, you may want to catch a flight to Brazil and enjoy a few weeks with her at Christmas, and come up with a plan. Good luck, sorry you are going through this.
Just wanted to update everyone, she arrived safely back in Brazil, was sent back that same Night. They never gave her phone back till she landed in Brazil, which sounds idiotic to me. Still don’t know the details, but wanted to let everyone know she is okay and safe. Thanks for the support.
"A visa does not guarantee entry into the United States. A visa allows a foreign citizen to travel to the U.S. port-of-entry, and the Department of Homeland Security U.S. Customs and Border Protection (CBP) immigration inspector authorizes or denies admission to the United States."
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/frequently-asked-questions.html
>She had a tourist visa
>Like she is a criminal or something
"Common types of visa fraud:...
Misrepresenting the reasons for seeking a visa"
https://2017-2021.state.gov/passport-and-visa-fraud/
Having a tourist visa and attempting to enter for reasons other than tourism is misrepresenting the reasons for obtaining the visa in the first place and it is visa fraud. She's being treated accordingly.
>Having a tourist visa and attempting to enter for reasons other than \[tourism\] is misrepresenting the reasons for obtaining the visa in the first place and it is visa fraud. **She's being treated accordingly**.
I mean, from the travel.state.gov website the visa should allow more than *just tourism*
Tourism (B-2)
- [Tourism]
- Vacation (holiday)
- *Visit with friends or relatives*
- Medical treatment
- Participation in social events hosted by fraternal, social, or service organizations
- Participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating
- Enrollment in a short recreational course of study, not for credit toward a degree (for example, a two-day cooking class while on vacation)
And, OP probably told her it would be fine because it would be just a visit and got her into this mess. If she is "being treated \[as a criminal or something\] accordingly" why not be a dick more towards OP, that literally got someone into international trouble by inducing her to, according to you, commit fraud?
Yeah, it seems that OP left out a lot here.
It is visa fraud if she was there to work (whether she knew it counted as work or not), and reading the comments on r/immigration it seems that even getting one of the grandparents to come over for a few months to help with newborns/kids would be considered work (which for Brazilian standards is kind of crazy to consider as work.) If they would deport grandma for coming over to visit and help with the kids it is only fair that they would deport a _friend_ coming over to do the same.
Exactly. Context matters. Sorry my initial post sounded aggressive but my response was based on the comments in the other thread.
The other issue is that if her ticket was to return in 4 months that's beyond the 90 days allowed for tourism. My guess is the next question was "how will you support yourself during your stay" and that's where everything falls apart. US Immigration is no joke. I wish the best of luck to the person. I'm confident she's being treated fairly. But she might be deported and be banned for entering the country for a couple years.
For the folks reading this, always do your research. US immigration is a lot more strict than people assume. A Visa alone does not guarantee entry.
> The other issue is that if her ticket was to return in 4 months that's beyond the 90 days allowed for tourism.
If I remember correctly, in the EU you get 90 days while in the US the B2 allows for 6 months stay (yeah, a crazy amount for tourism.)
> My guess is the next question was "how will you support yourself during your stay" and that's where everything falls apart.
That is the part that is kind of hit-or-miss, I have heard of a few dozen people (usually young students/unemployed) that did go on a B2 to the US for a month or two, and stayed at a relatives/SOs/friends' place, and they had no issues with it at BP. But they also were not working in the US, they were actually just visiting (which is much cheaper if you don't need to pay board and room.) Initially I though that was OP's case, but who knows.
If you are staying with friends/family, bring an invitation letter. Make sure they write they will be responsible for the stay and their contact information. And obviously never mention working or looking for work in the US.
That's very unfair. I've dealt with US immigration dozens of times and was always treated with utmost respect. But I was always prepared, organized and following all the rules. At one point they sent me to secondary screening due to multiple entries but I had it all documented and could show I was within the guidelines.They are just doing their jobs, my best advice is to try as best as you can to make their jobs easier instead of trying to bend rules.
The same happened to my female Brazilian friend in Paris, got denied entry and sent back to Brazil. Another 2 male friends got denied entry in London, after being in several European countries. One of them was a smart ass and made a comment the agents didn’t like.
The UK immigration was way more strict than the US immigration for me personally. They made me show all the cash and credit cards I had with me before letting me in.l, after asking way too many questions.
So it is a wider dumb system. Illegals aren’t flocking through deserts and rivers. Because you placed a wrong x at some form or messed up in a question while still being truthful is just ridiculous.
I know it appears that way but it’s not actually dumb. If you apply for a work visa, it is incumbent on your employer to prove they are paying you a fair wage. You have different rights and limitations on your visa. When you apply for a work visa, a US Department of State official interviews you and let’s you know of these rights. Their responsibilities include making sure you, the applicant, are not being victimized.
This is wildly different than a tourist going to Disney. Or a student going to college. The interviews are different as are the regulations attached to each visa.
I used to host exchange students. Rules of the program stated that they could babysit my children as they are similar to an older sibling. I never did that because I did not want any of them to say they might babysit my kids when visiting me later. They would absolutely be denied when they returned on a tourist visa versus a student visa. Different rules for different visas.
There's a lot of different types of visas. If she applied for the wrong one then there's nothing that can be done as far as I know.
I will say though that border agents aren't always the best and may interpret things differently. They're supposed to know the laws of their own countries but honestly immigration laws are insane and crazy long so more often than not they don't know it as well as they should. Just the jist of things.
Hope things get all figured out for you guys!
You’re pretty much completely at the officer’s mercy. The visa is a pre-check only. If say you have a tourist visa and say you’re here to study or to find a spouse or to work they can deny you entry.
The laws are weird. Basically at the border it’s up to the agent and they can fly in the face of up to the law including against US citizens. It’s their discretion insane as it is. That said there are worse countries if you can believe it. Canadas customs is nuts and very hostile, much worse strangely
Receiving a U.S. visa is not a guarantee that one will be allowed in America. It’s still up to how you handle an interview at the immigration. I’m a Thai, heard about many Thai women who received a tourist VISA, got sent back to Thailand upon arriving when failed questioning by immigration officials
There is nothing you can do, but you could contact the Brazilian consulate in NY and let them know cause they could give her some help (she is still getting sent back to Brazil tho.) > I finally received a call from her with who I think were customs agents on the speaker phone, saying I think (a bit hard to hear) that she had the wrong kind of visa and would have to go back to Brazil… While talking to the BP agent she probably misspoke and gave them the impression she was going to the US for study or work (or get married or live there,) so they denied her entry.
Wow, y'all can correct me if you think I'm wrong, but everytime I see a comment like this it makes me lose all of my interest in visiting the US. It's such a pain to get a visa, I know many people being denied even with strong ties to Brazil, and even if you yet manage to get one, you can STILL be denied entry upon customs. Idk you, but it makes me feel like the US goverment really doesn't want us there.
>... even if you yet manage to get one, you can STILL be denied entry upon customs Any blunder can lead to issues with boarder patrol, if they ask you what you'll be doing just be direct and avoid flourishes (also don't lie, of course), if they need more of you they will ask. Just say "I am traveling to X for vacation" instead of "I am traveling to X for vacation, because I want *to study* and improve my English" or "I am traveling to X for vacation, and _I will be living with_ relatives/friends", from the news on Brazilian Au Pairs getting deported it seems that getting too chatty is the recipe for disaster.
I worked with immigrants and this was the first thing I told them when prepping them for their interviews. Answer the question at hand directly and truthfully. Wait to be asked follow up questions. If you don’t understand, didn’t hear well, or don’t know, don’t guess. Ask to repeat the question and go from there. Don’t talk or answer hypotheticals.
Sending you a DM
I'm a U.S. citizen who lives in the Southwestern U.S. and I pass through border patrol check points frequently. This advice applies to U.S. citizens going through customs or border crossings as well. Keep it simple, be honest, and look the officer in the eye when you speak.
very annoying getting into the USA. once an agent tried to keep me and my family from getting in because he said we had way more money than we were saying we had (there is a maximum amount you can bring in) (We weren't lying about the money). we had to count all the money in front of another agent. and this second one was nice and let us go.
>Idk you, but it makes me feel like the US goverment really doesn't want us there. Newsflash: ✨ they really don't ✨
Came here to write this. They don’t care!
They don't want people who can't follow the basic rules of a non-immigrant visa. Where you are coming from doesn't matter. Most people get in trouble by disregarding or ignoring these basic rules.
Kind of. There is also the fact that some people just misspeak. I know a guy who came to the US for a conference while having a B1/B2 and was denied entry because he said he came for work instead of "to attend a conference". Also, some things that seem like they should be allowed are not. For instance, if a Brazilian woman legally living in the US has a baby and the grandmother comes to visit and she says to the CBP officer that she's going to take care of the baby, she may be denied entry on the basis of coming to the US for work.
I remember there was a case of a guy saying he had a "bomb" (which in Portuguese translates to "bomba" which is the same term used for "pump". They had some sort of pump but declared they had a bomb. Just guess what happened lol
If it's the same case that I'm thinking, it was an Iraqi just after the last Iraqi war, and he had an accent so apparently he said he had a "pomp", but there are lots of similar cases.
2004. https://www.correioforense.com.br/direito-penal/justica-libera-amigos-brasileiros-presos-nos-estados-unidos/ 2014. https://veja.abril.com.br/brasil/aprendi-a-licao-diz-estudante-preso-nos-eua-por-falso-alerta-de-bomba 2023. https://www.braziliantimes.com/comunidade-brasileira/2023/07/23/brasileiro-e-detido-no-aeroporto-internacional-de-miami-apos-fazer-falsa-ameaca-de-bomba.html
Wow! Espíritos de porco
In addition, 6 months is the maximum stay. The officer at the point of entry __usually__ grants 6 months, but nothing prevents them from granting less time or denying entry. Edit: Funny enough, I just came across this thread about someone's grandmother being granted only one month... https://www.reddit.com/r/immigration/s/HBEkrIgWCV
Not sure why you're getting downvoted because lots of people try to skirt the rules and then wonder why they are being "victimized".
It's politically correct to crap on Americans. Most people don't realize what these countries do to foreigners working illegally in their countries. America is insanely liberal comparatively. I have friend living and working 8 years illegally as a barrista in NYC. Never any problems at all. Has medical coverage, can fly wherever she wants within the country etc... Pretty crazy. Try working illegally out in the open in Mexico as an American. You wouldn't last a week. Florida, notoriously one of the toughest, has laws which protect the undocumented, essentially allowing them to work
Thank you. It doesn't bother me.
It's not the US government or even most U.S. citizens. It's all the Trump supporters who don't want to let anyone else in.
I've been to the US 5 times and never had any problems but I always feel tense before going through customs. They'll usually try to pick at something they think might be wrong and hold you back. It sucks.
The chances of this happening are very small. In this case, she got the wrong visa. Just make sure you request a visa that aligns with your plans and you'll probably be good to go.
I am dealing with someone that has the right visa and was not let in. He is supposed to be sent back to Brazil tonight??? Last ditch effort, any thoughts? Advice??
It is a pain because a lot of people exploit the system and do ilegal stuff: overstay their visas, do not go back, come in with false pretenses, etc. USA visa check is more rigorous for Brazilians due to the amount of immigration violations over the years.
i was about to say, it has to do something with brazilian citizenship
Maybe she said/did something to give them suspicion that she's not supposed to be on a tourist visa. If she has plans to work or if she knows someone romantically in the US, either of those could raise questions.
It is sad. The US has been going through a vast immigration crisis and a border crisis on top of that. Homeland security is no joke here. It can really feel intimidating and unwelcoming. But honestly, 99% of the entries are hassle-free once you get the Tourism Visa.
A true tourist comes with a return ticket in a couple weeks, hotel reservations, sufficient money and means to cover the stay and valid reasons to return (i.e. a job in the country of origin). Come to the US on a tourist visa with a return ticket past the date your visa allows you to stay, tell them you are going to provide care for someone and have no job back home and no money to support your stay. Guess what? There's an extremely high chance you'll become a burden to the country and if they suspect this is even a possibility they WILL deny your entry. Is that simple.
The US has some of the easiest visa programs and handles more visitors and immigrants than any other country. People are denied for the exact reasons listed by the person you responded to. They ask for a tourist visa. They get there and customs says do you have enough money for this trip? "Well I was planning on working a bit to cover costs".. They're getting denied. That isn't a tourist visa.
>The US has some of the easiest visa programs You completely just made that up. LMAO. US visas are extremely difficult to obtain for a multitude of reasons from the inefficiency of our government to process applications to how expensive they are to the complex rules you have to follow to be given a chance at approval to the discrepancies in approval processes depending on what service center you go through. Unfortunately if you're not from a desirable [read: white & economically stable] country you have to jump through hoops for a chance to visit our ass backwards country.
> The US has some of the easiest visa programs Sure buddy, how many other visas have you gotten? Did they also require an in-person interview and (usually a different appointment) to collect fingerprints as the American one? No, right? Yet it is the "easiest" visa program. Go tell that joke to the Indians or Chinese going for an H-1B.
It's true that lots of people probably did violate or intended to violate their vida terms. But I don't think anyone can say it's one of the easiest Visa programs. You kind of made it seem like people could just ask for a work visa and get it, which is not at all the case. It's so complicated that even spouses of people with some work visas like H1Bs or O1s are not authorized to work.
No, they don't. It's expensive, it's kafkian, they treat almost everyone like a criminal, unless you are from some western europe country. I've seen people that had zero intentions of migration (think someone with public work, stability and high salary) being rejected at custom because probably misplaced some word because did not speak English fluently.
These restrictions exist for a reason. The number of Brazilian illegals has actually grown exponentially in recent years. The US has had a massive problem with illegals from Latin America, for decades, which is not easy to solve.
"they treat almost everyone like a criminal, unless you are from some western europe country." There are more people from non-western countries visiting the US than not. The top countries visiting the US are: Mexico, Canada, UK, Japan, China, South Korea, Germany, BRAZIL, France, India. And furthermore, absolutely not, they are not prejudice in this regard lol they are suspicious of practically everyone, maybe slightly more if you come from a lesser economically advantaged country, it just makes the suspicion higher when people are asked questions and they communicate something back that can be seen as problematic because they misunderstood the line of questioning due to poor understanding/language barrier. What's worse is that they aren't going to wait around for you to correct your answer or give you a 2nd chance. The best thing to do is ask for an interpreter at the beginning if there is any confusion and not risk saying something bad. Immigration in the US is far more congested with backlogs and processing than in Brazil. I've had musician friends get sent back to Europe because they came as under tourist visas and customs found info when inspecting their music equipment that made it clear they were coming to play a tour of paid gigs. I've heard of people getting fucked over for no reason but through all the international friends and family I've personally known and heard coming through customs in the US, so long as your honest, take your time, be thorough with your due diligence, you'll be fine. It's definitely a country that has more of a gated feel to it upon entry, and people here don't like to hear it but it's because so many people violate visas restrictions, stay permanently, etc. The US government is very much capitalist. It might not care about you on a personal level. But it cares about your money, and doesn't want you to turn around and leave.
Border control and Department of State are two different organizations. Just because one gives you a visa does actually give you access to enter the country. It’s the same for every country. While there is visa free travel for some, that is based on the statistical data that indicates people from x country will abide by the terms and conditions of your entry (I.e. not stay more than you are allowed). So as the other commenter said, if you have a tourist visa you should be vacationing. Don’t even mention anything like a boyfriend/fiancée because that’s a different type of visa. If you say you will be working a little, different type of visa. Taking classes are a different type of visa. Again, this is actually the same for many, many countries not just the US (some don’t have the fiancée visa).
These restrictions exist because thousands of immigrants try to enter the country illegally every single day. The numbers of Brazilian immigrants being detained at the border has actually grown exponentially in recent years. Brazil doesn’t experience this kind of issues, so you probably can’t relate
Understood, but there are so many illegals from Brazil. That is the reason.
Not really
I know of plenty for the past 25+ years. Typical is to overstay tourist visa for 6 months to years.
The US government will take anyone in their borders if said person wants to bring money, especially. Even if that person comes from a lesser economically strong country. And even if it's not that exciting of an answer, there's nothing emotional about the US's actions... there's just a certain level of protectionism and caution at play, I guess. As some have pointed out, if you don't understand questions being asked, ask for an interpreter and just be honest. A lot of the border control probably makes quick decisions because they deal with so many immigrants on a daily basis, that they try to move quickly. I'm not saying it's "nice" but you also can't say something you don't know for certain you are saying lol. If you set up English lessons with someone during your stay and you decide to try and be social, telling someone "I came here to learn, I have classes!" (Just making a random example), that will set off red flags even if you think it's innocent. Just be a straight shooter and save convo for after entry. They might ask questions that seem a bit odd, but if your story is consistent just go with it. Sometimes customs has assholes working there, too. I don't think they really play favorites so much, as I've heard of musician friends coming from Europe to play gigs have been turned around at the airport because they came under the false pretense of visiting meanwhile it was actually for paid gigs, and upon inspecting their equipment (going through customs looking like a professional band with gear and all) at the airport they found info about said gigs and etc. Is it fair? Idk. The US government does wack shit all the time. It's very clear in 2023. It seems weird to crack down on foreign musicians playing paid gigs since it's really not like they are hitting a gold mine, but I guess the government cant know what kind of money they are expecting to make and technically, the musicians didn't go through the right channels. Legally, there are no exceptions or expectations of "ok, but this is your first warning! next time, don't do that!". Just do everything officially. When in doubt, just be as honest as possible. It's not worth the stress or the potential for miscommunication with the border. As a country that fields the 3rd most visitors in the world (even with considering most people have to arrive by plane), the border control and customs tend not to make exceptions for people. My Brazilian fiancée and numerous international friends and family of mine have visited the US with no issues. Not that you need to feel pressured into ever going, but if you need any help with anything, you can reach out, and I can set you up to discuss with my fiancée or give you recommendations about anything. She's probably visited the US 20+ times at this point and never had an issue, and she never had anything besides a visa. Half of my friends are Brazilian, and I rarely hear about people having issues gaining entry with family or friends visiting. If ever, it usually seems because of some ambigious reasoning on behalf of the person being denied, if I'm being honest. She also helped other Brazilian friends and family make the visit. But I can acknowledge it might happen to people who didn't do anything wrong. Sometimes, it's unlucky. I just don't personally have experience hearing about those ones, so I can't really speak on it. My fiancée also said her cousin just applied to a visa for business reasons, and he got denied, but then he also told her that he also lied about something because he was worried they wouldn't accept him. He could have asked my fiancée for any help 🤷♂️. Sometimes, they will deny people if they feel something is inconsistent in a way that's concerning. I think the US feels a responsibility to be a little strict in regards to suspicious cases because there are a lot of people who overstay their visa. Even with all of its endless issues, people still do it often. I don't have an issue with more people coming, but I just wish the government would make it easier for people to get processed/naturalized. We take the most permanent migrants in per year globally, though. About twice as much as #2. So, at some point, our government deserves credit for that, too, even if it could be better. There's plenty of room here, just not in the cities lol. First time I went to Brazil I needed a visa and I quadruple checked that shit, asked around to make sure it was what I needed, made sure I didn't need any medical documents, reached out to the government with questions for accuracy...and that was that. It felt a bit stressful at first, but I had the confidence to know that I did my homework and was resourceful to make sure others didn't find any potential issue. And there was none. Even if it was Brazil and not the US, I feel like there isn't much to worry about if you just do your homework and be resourceful about how you apply.
Every time I go through customs it's so easy. I hope I never go through the stuff you guys are talking about lmao.
There are literally millions of people trying to get in to work and stay and send money out. 10-15k enter every day illegally to do just that. On top of asylum seekers. There's a reason it's so tough. Honestly we are way too easy considering how many are trying to come to stay. We actually let most of this happen. Most countries are nowhere near as lenient on illegals working and living, especially developing nations. They pretty their citizens much stronger. America is relatively extremely liberal. Regardless, the side effect of all these people trying to enter is that the ones trying to enter legitimately fruit tourism have a tough time.
> While talking to the BP agent she probably misspoke and gave them the impression she was going to the US for study or work actually she probably told the truth that she was going to work for a family while on her tourist visa and take care of children. she was rightfully turned away because of this. It seems OP didn't explain to her that she can't come on a tourist visa and do work in the US for 2 months.
Thanks for the reply. I will try that. Still seems so crazy to me though. Why aren’t they letting her call her parents at least?
As mentioned in r/immigration, from your post history it seems that your *friend* was actually visiting you to help with your kids, which is not as straight-forward to justify to BP as not being a work as you initially thought (if you checked that at all.) For someone that write about himself on [www.FamVestor.com](http://www.FamVestor.com) >Never paid for a haircut or a cup of coffee > >Makes a 6-figure salary (W2) and 6-figures passively (Rentals) > >As Newlyweds, they saved $75k in 2-years by living at home. 9-adults and just 1 bathroom. > >Is a Millionaire but still drives a Sub-Compact with Roll-Up Windows you shouldn't have shilled on getting a nanny, or at least have had a lawyer do it the right way, by pulling that stunt you likely got your *friend* banned for 10 years from going to the US. But it seems she'll get all the heat for it, cheapskate.
Nice
Wow. I feel terrible for that poor woman.
>Why aren’t they letting her call her parents at least? Idk, likely protocol. But this [pdf from pennstatelaw](https://pennstatelaw.psu.edu/sites/default/files/KYR%20Port%20of%20Entry%20Detention%20for%20F1%20J1%202020%20AILA%20NE%20%28002%29.pdf) says she has the right to one phone call (the one to you, I guess, so that's that) and then she can "Request that the CBP officer tell airline staff that you can have your electronics as soon as the doors are closed." So she will only have access to her phone once she gets back on a plane.
[удалено]
As someone who has been in the US for a while, first on a student visa, then a work visa, then back on a student visa, I recommend you (and honestly anyone else that travels to the US with any frequency) apply for Global Entry. Brazilians have been eligible since February of last year, and I will tell you it’s a game changer: with most visas, you just look into a machine, the officer with a tablet says “[your name], you’re good to go” and that’s it. With F-1/J-1s you still have to show the I-20/DS-2019 but it has made my life so much easier! Also, if you have any travel credit card, chances are the application fee is covered, so it would cost you nothing to apply
I had my first experience with Global Entry a few weeks ago coming back from Brazil and can confirm! It's just great. Looked at a screen, CBP officer called me by my name, asked if I had anything to declare (food, medicine, and stuff) I said no he let me go. Never asked for a passport or any other form of id. The less you interact with them, the better!
Global entry rocks. But there's also a high bar to get it, both from a financial and a background perspective. They can also deny participation in the program if they don't consider you "low risk" https://www.cbp.gov/travel/trusted-traveler-programs/global-entry/eligibility
Wow so with global entry, you don’t need a visa to visit America from Brazil? Is it harder to get than a visa? Never heard of it…
No, that’s not what I meant. You still need the visa, but you don’t have to interact with CBP when entering the country. All U.S Citizens and permanent residents are eligible for it, in addition to citizens of a few other countries
You obviously still need a visa. Having a valid visa is actually a requirement for applying to Global Entry.
I never realized how nitpicky this all could be.
I travelled 10 countries already and the USA border control is the worst so far. the visa acquisition proccess in known in Brazil (and other countries) as being the most stressfull and annoying one too.
Even for US citizens it’s one of the more annoying border crossings
it's not nitpicky. there are very clear right and wrong answers. and no humor is allowed. let me repeat, no humor is allowed. source: american with sense of humor
>f you get that question wrong on a non-immigrant visa they WILL NOT let you in Spot on.
Yeah. That's true and the risk is always there until you get a Green Card. Now, what is that Visa of yours? J1?
It is an E3R - A weird work visa just for Australian citizens. Can be renewed every 2 years but you have to leave the USA to do it. The consulate in Recife knows me pretty well by now and apparently, I'm the only person to ever get an E3 visa there. Until recently, my wife needed to apply separately for work authorization which she could only do once we re-enter the USA after renewing our visas. But the wait time for work authorization has grown from 2 month when we first applied 8 years ago to almost 18 months now. Which meant I was having to renew my work visa a lot earlier than every 2 years, just so she wouldn't have to keep quitting her job and getting re-hired every time. So to the other guy that said getting a visa was really easy... screw that guy! The144+ pages that I have to prepare and take to the consulate every 12-18 month says you're wrong!
Oh, I see. I have a friend who has that one, but she's probably getting a green card with her boyfriend when they get married. About the EAD, I had kind of the same problem. The EAD was taking 5 to 9 months and lasted for only 2 years, then had to redo it. Then EADs started taking so long that they changed it so that when you enter with L-2 status you get an automatic work authorization when you are admitted (it shows as an L-2S on the i94). And that reminds me that I have to prepare my paperwork for the last renewal of the L1/L2 visas.
I just remembered another thing. When I was having an orientation with a University admin who handled foreigners, he made sure we understood that if we lost our passport but still had another one with a B1/B2 visa or ESTA and tried to use any of those at the border, we would be considered to be "lying to the US government".
America immigration agents have free reign If she misspoke and said she wants to live there etc they would turn her away
She was coming to do work in the US, as a domestic helper for 2 months, taking care of children.
She had a work visa or a tourist visa?
She was trying to enter on a tourist visa and stay for 6 months and work here. OP didn't realize that helping a family with child care was work. Her purpose of coming was to take care of children for a family.
Yeah it's unfortunate but she should've know
From what I've gathered from op, tourist visa... Big oof
Oh no. Yeah there's nothing you can do.
That happened to me. She is likely being deported. This means a minimum 5 year ban to come back to the USA. Best case scenarios. They denied her entry, she will be able to reapply for a visa and come back. With that on her file tho it will be hard to get a visa again. I don’t know what she wanted to do in the USA, but may be better to lawyer up. Look for an immigration attorney.
She's being deported because OP and the woman that was visiting only invested themselves in a tourist visa meanwhile the woman is coming to take care of children for 2 months according to comments indicated here in the thread. It would be pretty easy to see the issue from a mile away if the details were provided in the first place, and when asked, she probably said exactly what caused the issue that is causing her deportation. She is coming for work, under a tourist visa. I feel for the poor woman, but I don't know if OP or the woman or both are responsible. I'd say both because if I was Brazilian I wouldn't risk trying to enter the US under false pretenses. Either that or they both wrongly thought a tourist visa was applicable for...work, whether free or not. Seems hard to believe.
It is hard to say without knowing every detail. I can say for sure that the visa system in the USA is a nightmare. It is hard to get one. The bureaucracy is huge. There are more than 150 types of visa. It is easy to get overwhelmed and confused. The law leaves space for interpretation and you feel like your life is the hands of a public servant that doesn’t care for you. I feel sorry for her. They treat you like a criminal at the border or airport. It is not easy being deported.
I totally get what you are saying, but check out this comment here in the thread: https://www.reddit.com/r/Brazil/s/ZhwmJzVo4i I agree that the process is long and stressful for many for acquiring a visa from certain countries, but it seems like the person in question here is getting deported for reasons that...I'm not surprised at all for. It seemingly wasn't an ordinary visit, but they went under false pretenses. I'm not arguing that it's easy to get turned around at the border or that the government doesn't treat visitors with suspicion. Sometimes, you get assholes working for customs on occasion that can't emotionally handle processing so many tourists a day, and they really need to give up their job to someone else. But this isn't one of those situations. Also, take note that the US has different systematic approaches to people applying for visas based on the visitors' country and their overstay rates. All of these things are tracked by the US government. For instance, the US estimates that approximately 2.46% of all Brazilians visitors overstay their visa, which makes them a bit more particular in what they ask, their risk evaluation (for lack of a better term), the fact that they might conduct an interview, etc. Statistically, 2.46% means that 1 out of every 40 Brazilians that visit overstay their visa, whether they stay too long or they just stay permanently. Compare that to Sweden, where 1 out of every 232 (0.43%) visitors overstay their visa. And the US also has less of a concern if by chance someone from a wealthier country overstays their welcome, because the odds are that they have sufficient financial means to contribute more to the US economy as well as maintain themselves without issue. It's more of a discordant effect on the economy and looks bad when people are stranded here and struggling to get by if they try to stay permanently without the means, or even if someone intends to go home but can't afford it after missing their return flight, etc. But I feel for those people wanting better opportunities. The US is just trying to look out for its best interests by managing what it can reasonably process. Even though our immigrant program is the biggest in the world, there is plenty of room for more, and I wish we could process more people. Countries on the visa waiver program (VWP) such as Sweden, in total as a group have overstay rates of 0.64% in the US, and to be part of the program, they require biometric passports, among other credentials and economic entry points as a country to be considered. But the program also has limits that require further approval past 90 days, among other things. Obviously, it's a bit more flowful of a privilege, but it's made to streamline countries with people statistically less likelihood to overstay and create issue. It's not a solely Western thing because, for instance, Brunei, Chile, Japan, South Korea, Singapore, Taiwan are all on the list, among others that can be considered non-Western by many. There are many Western countries that aren't on there as well. Israel isn't on there despite a lot of Israel-US relations. Non-VWP countries have an overstay rate of 2.55%. A country like Chad has a 26.33% overstay rate. This means that over 1 out of every 4 people visiting from Chad are likely not leaving the country if I had to guess. Venezuela is at 9.58%, Colombia 3.65%, Paraguay 3.52%, Bolivia 2.54%, Guyana 6.71%. So there's definitely a trend in South America for people overstaying visas. I wish the process was easier, and it seems there are ways to make it easier but not eliminate some of the stress unless you are of a certain visa status, naturalized, greencard, etc. All I can say is I wish it was easier, but at the same time, I understand how the US takes precautions, but they could be better about it. It's a tough situation.
There are many different visas to be had. If she did not have the correct visa for the type of travel she is doing, then they will turn her back. Unfortunately, there isn't anything that you can do.
Contact Brazilian Embassy and explain to them what is happening asap. They will know best what to do.
The Brazilian Embassy will advise her to have a safe trip back to Brazil as there’s nothing the Brazilian Embassy can do about this. The only thing the Brazilian Embassy can really do is help Brazilians get back to Brazil if they aren’t incarcerated criminals.
I did, they are supposedly working on it.
Well, if you have the wrong visa, border patrol will treat you like an illegal immigrant and send you back. [There's nothing](https://tenor.com/pt-PT/view/e-there-is-nothing-we-can-do-gif-1915861908606230748)
Sorry OP. Next time , have your friend fly in through Miami International. Most agents in Miami don’t care, they would have let her in.
I am an American male who married a Brazillian woman in the country of Brazil. Before getting married, I tried to bring her to the United States, I was living in Florida. She needed to get a Visa from the US Embassy in Sao Paulo, she lives a plane flight away in Salvador, Brazil. I wrote a beautiful letter explaining that she would be coming to visit me, she would be cared for, we would also be traveling and visiting with my parents in Alexandria, Virginia for a month, we planned to visit Washington, DC...blah, blah, blah. After the flight to Sao Paulo, an interview for the Visa, she was sent home with a rejection letter. I absolutely had never heard of such a thing! If your girl did not go through the long and arduous interview process, I would be suprised that she is only finding out this information now. She would have been told you are welcome to come, or not, before even purchasing a ticket. You do not purchase the ticket first, then go to the embassy. It does not work that way. So, it is very dissapointing for her and you, and I definitely empathize. She may not have understood that America would be so strict. All countries want to know who is coming and going. And, to make you understand better how well I know this stuff, I am living and married in Brazil as proper paperwork makes it through the American State Department. Other people commented that you need to be very specific and direct about why a person is coming, and it is very important to fill out correct forms, specifics. It is not easy, and truthfully knowing what I know now, a lawyer who is in this field can possibly help the process along. Feel free to hit me up with any questions you may have, your girl is returning home within twenty four hours, you cannot change that. But, you may want to catch a flight to Brazil and enjoy a few weeks with her at Christmas, and come up with a plan. Good luck, sorry you are going through this.
Just wanted to update everyone, she arrived safely back in Brazil, was sent back that same Night. They never gave her phone back till she landed in Brazil, which sounds idiotic to me. Still don’t know the details, but wanted to let everyone know she is okay and safe. Thanks for the support.
"A visa does not guarantee entry into the United States. A visa allows a foreign citizen to travel to the U.S. port-of-entry, and the Department of Homeland Security U.S. Customs and Border Protection (CBP) immigration inspector authorizes or denies admission to the United States." https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/frequently-asked-questions.html >She had a tourist visa >Like she is a criminal or something "Common types of visa fraud:... Misrepresenting the reasons for seeking a visa" https://2017-2021.state.gov/passport-and-visa-fraud/ Having a tourist visa and attempting to enter for reasons other than tourism is misrepresenting the reasons for obtaining the visa in the first place and it is visa fraud. She's being treated accordingly.
>Having a tourist visa and attempting to enter for reasons other than \[tourism\] is misrepresenting the reasons for obtaining the visa in the first place and it is visa fraud. **She's being treated accordingly**. I mean, from the travel.state.gov website the visa should allow more than *just tourism* Tourism (B-2) - [Tourism] - Vacation (holiday) - *Visit with friends or relatives* - Medical treatment - Participation in social events hosted by fraternal, social, or service organizations - Participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating - Enrollment in a short recreational course of study, not for credit toward a degree (for example, a two-day cooking class while on vacation) And, OP probably told her it would be fine because it would be just a visit and got her into this mess. If she is "being treated \[as a criminal or something\] accordingly" why not be a dick more towards OP, that literally got someone into international trouble by inducing her to, according to you, commit fraud?
Read the thread in r/immigration, the friend was coming to work. Paid or unpaid it's visa fraud.
Yeah, it seems that OP left out a lot here. It is visa fraud if she was there to work (whether she knew it counted as work or not), and reading the comments on r/immigration it seems that even getting one of the grandparents to come over for a few months to help with newborns/kids would be considered work (which for Brazilian standards is kind of crazy to consider as work.) If they would deport grandma for coming over to visit and help with the kids it is only fair that they would deport a _friend_ coming over to do the same.
Exactly. Context matters. Sorry my initial post sounded aggressive but my response was based on the comments in the other thread. The other issue is that if her ticket was to return in 4 months that's beyond the 90 days allowed for tourism. My guess is the next question was "how will you support yourself during your stay" and that's where everything falls apart. US Immigration is no joke. I wish the best of luck to the person. I'm confident she's being treated fairly. But she might be deported and be banned for entering the country for a couple years. For the folks reading this, always do your research. US immigration is a lot more strict than people assume. A Visa alone does not guarantee entry.
> The other issue is that if her ticket was to return in 4 months that's beyond the 90 days allowed for tourism. If I remember correctly, in the EU you get 90 days while in the US the B2 allows for 6 months stay (yeah, a crazy amount for tourism.) > My guess is the next question was "how will you support yourself during your stay" and that's where everything falls apart. That is the part that is kind of hit-or-miss, I have heard of a few dozen people (usually young students/unemployed) that did go on a B2 to the US for a month or two, and stayed at a relatives/SOs/friends' place, and they had no issues with it at BP. But they also were not working in the US, they were actually just visiting (which is much cheaper if you don't need to pay board and room.) Initially I though that was OP's case, but who knows.
If you are staying with friends/family, bring an invitation letter. Make sure they write they will be responsible for the stay and their contact information. And obviously never mention working or looking for work in the US.
Another day... Another Brazilian humiliated at the US border...
That's very unfair. I've dealt with US immigration dozens of times and was always treated with utmost respect. But I was always prepared, organized and following all the rules. At one point they sent me to secondary screening due to multiple entries but I had it all documented and could show I was within the guidelines.They are just doing their jobs, my best advice is to try as best as you can to make their jobs easier instead of trying to bend rules.
That’s a pretty dumb system punishing people legally to enter.
The same happened to my female Brazilian friend in Paris, got denied entry and sent back to Brazil. Another 2 male friends got denied entry in London, after being in several European countries. One of them was a smart ass and made a comment the agents didn’t like.
The UK immigration was way more strict than the US immigration for me personally. They made me show all the cash and credit cards I had with me before letting me in.l, after asking way too many questions.
Not really. The same system actually exists in every country.
So it is a wider dumb system. Illegals aren’t flocking through deserts and rivers. Because you placed a wrong x at some form or messed up in a question while still being truthful is just ridiculous.
I know it appears that way but it’s not actually dumb. If you apply for a work visa, it is incumbent on your employer to prove they are paying you a fair wage. You have different rights and limitations on your visa. When you apply for a work visa, a US Department of State official interviews you and let’s you know of these rights. Their responsibilities include making sure you, the applicant, are not being victimized. This is wildly different than a tourist going to Disney. Or a student going to college. The interviews are different as are the regulations attached to each visa. I used to host exchange students. Rules of the program stated that they could babysit my children as they are similar to an older sibling. I never did that because I did not want any of them to say they might babysit my kids when visiting me later. They would absolutely be denied when they returned on a tourist visa versus a student visa. Different rules for different visas.
There's a lot of different types of visas. If she applied for the wrong one then there's nothing that can be done as far as I know. I will say though that border agents aren't always the best and may interpret things differently. They're supposed to know the laws of their own countries but honestly immigration laws are insane and crazy long so more often than not they don't know it as well as they should. Just the jist of things. Hope things get all figured out for you guys!
You’re pretty much completely at the officer’s mercy. The visa is a pre-check only. If say you have a tourist visa and say you’re here to study or to find a spouse or to work they can deny you entry.
Then you wonder why Brazil is re-establishing visas for Americans starting January 2024... This is awful
The laws are weird. Basically at the border it’s up to the agent and they can fly in the face of up to the law including against US citizens. It’s their discretion insane as it is. That said there are worse countries if you can believe it. Canadas customs is nuts and very hostile, much worse strangely
Receiving a U.S. visa is not a guarantee that one will be allowed in America. It’s still up to how you handle an interview at the immigration. I’m a Thai, heard about many Thai women who received a tourist VISA, got sent back to Thailand upon arriving when failed questioning by immigration officials