Only those who have visited Iran, Iraq, Sudan, Libya, Somalia, Yemen, or Syria on or after March 1, 2011 may travel to the United States with a visa.
Entry to the United States of America
Having a valid ESTA or visa does not mean you can enter the United States. Border crossings are allowed every evening by the US Border Patrol, so anyone with all the necessary documents can be turned back at the border. Along with the permit, the Border Patrol also determines the final length of stay.
At the border, authorities can check the return flight ticket, accommodation reservation, sufficient financial coverage and anything else. They can check the traveler’s intentions, i.e. whether the person has plans that are consistent with the purpose of travel stated in the visa or permit. If suspected, entry may be refused, and the traveler may be detained and deported.
At border crossings, no legal remedy can be resorted to against the authority’s decision.
The length of stay for ESTA travelers (i.e. those traveling without a visa) is determined by Border Patrol upon entry. In this case, the date by which the traveler must leave the United States is stamped in the passport. During the stay, the traveler cannot change his or her status, so he or she cannot apply for a visa or residence permit.
| There are many other important rules for entering the United States. Examples include traveling with a pet, food regulations, various medications, alcohol, or traveling with money and other financial instruments. The detailed rules for these are: On the website of the US Embassy in Hungary It is accessible. |
What happens if someone does not leave the country on time?
Violating the period of stay has serious consequences in the United States. If a person does not leave the country within the allotted time, it is advisable to do so as soon as possible, in order to obtain lighter consequences.
Anyone who has traveled to the United States with a visa or ESTA and overstayed by one day can expect the following penalties:
- If the stay does not exceed 180 days and the person leaves the country voluntarily, the foreign national may be barred from entering the United States for three years.
- Anyone who stays in the United States for more than a year without authorization, and then eventually leaves the country voluntarily, can expect a ten-year ban.
- If someone travels to the United States with an ESTA and does not leave the country in time, they will only be able to travel to the United States with a visa in the future. The Hungarian consulate noted that those who fall into this category can only obtain a visa after a very long procedure, and in such cases refusals are common.
Deportation procedure
Deportation or removal proceedings may apply to any foreign national who commits a crime in the United States or endangers public safety. This category also includes those who reside in the United States beyond the permitted time.
