Legal Question in Immigration Law in California

Re: Tourist visa

The INS has discretion to either allow or deny you entry into the US so, yes, they can question you and send you back if they think that you're abusing the tourist visa. Have proof of the extensions of status you filed, and be prepared to have good explanations for why you had to extend the previous trips. I wouldn't show the INS your CA driver's license since that is unnecessary.

A lawyer can come and maybe explain things better on your behalf, but since this is at the airport there's no formal procedure or anything like that. You might be better off doing the explanation yourself to the INS inspector in a calm and patient way.

Liem Doan, Esq.

Re: Tourist visa

An immigration officer at the border has discretion to admit or deny entry and set the length of time of the stay.

Be aware, however, of the basic philosophy of visas and immigration. Yes, the country wants you to come in and spend money but does not want you to come in and take jobs or income away from its citizens. Immigration laws and rules are built on that philosophy. Therefore, the fact that you have come in and spent time and money here should not be held against you (in fact, you've probably pumped more money into our economy). It is a good idea, though, to have documentation showing that your previous visits and extensions had official approval and were legitimate.

What an immigration official is more concerned about is whether you intend to leave from this trip. They look at such things as whether you have a job (or business) to go back to, whether you are paying rent or mortgage on a home in your country, whether you have a family to go back to, etc. In other words, a compelling reason to return to your home country and a sense that you don't intend to leave it permanently.

Applying for or possessing a California driver's license works against you in this regard because it shows an intent to remain in the U.S. for a long period of time. What you should have, instead, is an international driver's license which is appropriate for a tourist.

It may be helpful to you to keep with you copies of your apartment or house lease (if you have one), proof of your business activities at home (employment contracts, etc.), and definitely be able to prove that you have enough money (or credit) with you to support yourself for your entire stay.