Traveling to the U.S. on ESTA or Tourist Visa

When visiting the United States on a tourist visa or ESTA, entry is never guaranteed. Every entry is discretionary, meaning immigration officers decide if a person can enter based on whether they believe the purpose aligns with the visa. For individuals in a relationship with a U.S. citizen or those who have pending spouse or fiancé visa applications, officers may suspect an intent to immigrate. That assumption, even if incorrect, could lead to being denied entry and sent home.

Filing a fiancé or spouse visa includes declaring an intent to live permanently in the U.S. This declared immigration intent can clash with the temporary nature of a tourist visa or ESTA, raising concerns during entry inspections. Even being engaged or married without an application filed can raise red flags.

 

Six Tips to Protect Yourself During Entry

  1. Turn Off Biometric Unlocks
    Disable Face ID or fingerprint access on devices before travel. This adds a layer of consent if a border agent attempts to search your phone.

  2. Be Respectful, Brief, and Honest
    Answer only what is asked. Stay polite and direct. Don’t offer extra details unless questioned.

  3. Never Lie to Immigration Officers
    Honesty is crucial. Any dishonesty could jeopardize current and future immigration applications.

  4. Bring Proof of Return Intent
    Have evidence ready (job letters, medical appointments, caregiver duties) showing strong ties and obligations in your home country.

  5. Don’t Sign Any Forms Without Understanding Them
    You can respectfully decline to sign documents and request to speak with an attorney. Most of the time, agents won’t allow it—but you’re not required to sign blindly.

  6. If Denied Entry, Ask to Withdraw Admission
    In extreme cases, request to withdraw admission instead of accepting expedited removal. This distinction could prevent a record of deportation and ease future immigration processes.

Know Before You Go

Many travelers with pending spouse or fiancé visa applications are facing increased scrutiny at U.S. borders, making it more important than ever to be informed and prepared. An experienced immigration attorney like Attorney Pastrana can help you understand your rights, prepare for border interviews, and avoid costly mistakes that could delay your future together. Not all attorneys are created equal. Some may not fully understand the delicate intersection of travel and pending applications, or they may not take the time to walk you through what to expect—leaving you underprepared at the moment you need confidence most. If you’re navigating this uncertain part of your journey, we’re here to help.

Reach out today and take one step closer to building your future—together.

Talk With Our Team

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