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(NEW YORK, NY) – A growing number of travelers are being denied entry into the United States, even with valid travel authorizations. Brad Bernstein, managing partner at Spar & Bernstein and host of the popular “Brad Show Live,” is sounding the alarm and offering critical guidance for visitors heading to the U.S.
This wave of denials has gone viral on TikTok, and reports in outlets like NBC Washington and The Mirror confirm that CBP is turning away travelers more frequently and often without clear justification.
Why Are Travelers Being Turned Away?
Increased scrutiny by U.S. Customs and Border Protection has caught many off guard. Even those arriving under the Visa Waiver Program with ESTA approval have been held for hours and then denied entry. Reasons include:
- Vague or inconsistent answers during questioning
- Frequent visits without clear purpose, which can raise suspicion of unauthorized work
- No return ticket or proof of accommodation
- Digital evidence like texts, emails, or social media that contradict travel intent
As reported by The Mirror, even tourists with no criminal records or prior issues have found themselves sent home.
Brad Bernstein: “You Don’t Have a Right to Enter – Even With a Visa”
According to Bernstein, who has helped over 100,000 clients at Spar & Bernstein in the last three decades, border agents have broad discretion.
“It doesn’t matter if you have a visa or ESTA. CBP officers can deny you entry based on their judgment alone,” Bernstein explains. “And, unfortunately, you have very limited rights at the airport.”
That includes searches of your phone or laptop without a warrant and prolonged questioning without access to legal counsel — something most travelers don’t expect.
More details on your rights (and lack thereof) are covered in this NBC Washington article.
Common Mistakes That Could Get You Flagged
Bernstein emphasizes that even small missteps can lead to denial. His advice includes:
- Don’t lie or exaggerate your plans
- Bring printed proof of your return flight and accommodations
- Avoid deleting content from your phone, as it may raise further suspicion
- Be consistent with prior travel records, and know that the CBP can see your history
In an interview cited by Express UK, Bernstein said: “We’ve seen cases where old job listings or WhatsApp messages are used to accuse people of planning to work illegally.”
What To Do If You’re Detained
If you’re taken aside at customs:
- Stay calm and respectful.
- Don’t refuse to answer, but don’t volunteer too much.
- Ask for a translator if needed.
- Contact an immigration attorney as soon as you can.
Bernstein adds, “The biggest mistake is panicking. You don’t want to be seen as evasive, but you also don’t want to say too much. Stick to facts.”
Need Immigration Help Before You Fly?
If you’ve been previously denied entry or have concerns about your ESTA or visa status, Spar & Bernstein offers personalized consultations to help travelers avoid costly mistakes.
About Law Offices of Spar & Bernstein P.C.
Founded in 1958, The Law Offices of Spar & Bernstein, P.C. specialize in immigration and personal injury.
The firm handles all phases of immigration, from permanent residence and green cards to training and investor visas, work visas, corporate immigration, family immigration, violations of immigration law, and deportation defense.
Law Offices of Spar & Bernstein, P.C. also offer legal representation in personal injury cases, including construction and motor vehicle accidents, wrongful death and medical malpractice, premise accidents, product liability, and more.
Contact information:
- Name: Victoria Minervino
- Email: [email protected]
- (646) 617-9450