Transcript of the above video: 

It is not very often that I get to make a US Immigration video where something that I saw in pop culture made me think of US Immigration, but I am an Immigration nerd I guess and sometimes it does happen. I was watching the series 1923 Season 2 and specifically I think it was in Episode 3 where we saw US Immigration matters pop up. Spencer Dutton's beloved is trying to get back to him in America and crosses the Atlantic Ocean from the UK, from England and comes to Ellis Island. What she finds, now let's bear in mind, in 1923 the Immigration system was based on a different set of laws that currently we have a set of laws on. Now let's get into legalities for the present day. So an applicant can be found inadmissible under Section 212(a)(7)(A)(i)(I) of the Immigration and Nationality Act. That pertains to intending immigrants without proper documentation. This is an example of how even though you can get a Tourist Visa and have a Tourist Visa to the United States, you can be found inadmissible nonetheless because you can be found to be what they call an intending immigrant without proper documentation i.e. you don't have an Immigrant Visa. In this show it was kind of a similar situation albeit again different set of laws prevailed at the time that this series is set. So it is set in 1923, again different set of laws, but as they point out in the video or in the series and I urge those who are watching this video maybe check out 1923, basically she gets to the US and she is kind of from a well-to-do background. She has never had to deal with matters pertaining to the sort of "hoi polloi." In any event, she gets to the US and she is told, "oh you have got to wait in line to go to Ellis Island." She said well these people are getting off, and they say "well those people got visas before they left, so they are able to just disembark and go on about their business. They got visas through the Embassy, you did not. You have got to go over here and be inspected."

That is very similar to and kind of analogous to today, where you can show up with a Tourist Visa to the United States and still be found to be inadmissible if they deem that you are actually an intending immigrant without proper documentation; and I have seen this before. Most notably I had a case involving having to get a waiver of this level of inadmissibility and it is a grounds of inadmissibility; you can be found inadmissible to the US and told you can either voluntarily depart or you can be placed through what is called expedited removal, turned around and be subject to a five-year ban from returning to the United States, neither of which is something you want to really go through. 

That being said, it may be possible to get what's called a waiver of inadmissibility so you can get a waiver of your immigration status, excuse me not your immigration status, waiver of the finding that you were inadmissible and return to the US with the proper Visa; basically go and get an Immigrant Visa. I actually saw this happen. It was a woman who was entering the United States on a Tourist Visa. In her baggage or carry-on baggage she had an I-130 form; she didn't have the correct intention shall we say for entering the United States. She was on a Tourist Visa; she didn't have tourist intent. She had the intent to immigrate and they made a finding that she was inadmissible. I thought they went a little bit too far in putting her through what is called expedited removal proceedings, turned her around and sent her back, and she had to get a waiver. We assisted her at that time. Managed to get her back in the United States with her husband but it took a number of years, about 2 years as I recall, to put her through the immigration process and then put her through the waiver process to get her back in. 

That said, it is someone similar to what Ms. Dutton goes through in this episode of 1923 insofar as look, you may think you have all your documentation in order and notwithstanding that, you may be found inadmissible anyway, i.e. you may have a Tourist Visa, but if US Customs and Border Protection deems that you are actually an intending immigrant without proper documentation, you can be turned right back around and then be subject to a bar from re-entering the US which may only be overcome by a waiver. 

Those folks out there who have yet to even get a Visa or you are sort of curious as to your status, whether or not you are eligible for a Visa or whether it is a good idea to enter on one type of Visa if you have certain intentions, it may not be a terrible idea to contact a legal professional, gain some insight and guidance into how best to proceed.