US Immigration and Customs in Miami - Avoiding Detention and Other Problems

Customs Sign at No Name Harbor

Reading the sign which I photographed at No Name Harbor in Key Biscayne, Miami-Dade County, you might think that anyone can sail in and be granted access to the USA just by phoning the US Customs, but I very much doubt this.

Register Online
Foreign tourists without a visa who fly into US airports such as Miami International Airport or Fort Lauderdale-Hollywood International Airport, need to have registered online under the US government Visa Waiver Program.

Use the Correct Forms
Also it's necessary to have filled in both the I-94W arrival/departure form (not the I-94 form) and a customs declaration, both of which should be provided on the plane.

Illegals Entering on Boats
A smuggler, illegal immigrant or terrorist on a boat who managed to dodge coastguard patrols could walk away from No Name Harbor (that really is its name), catch a bus over the Rickenbacker Causeway, which links the island of Key Biscayne with the City of Miami, and within an hour or so vanish into the crowds in Downtown.

Tourist Detained for Hours
But a law-abiding tourist needs to fill in all the forms correctly before arrival, or could end up being detained for hours as a friend from Spain was – a woman in her fifties coming to spend a week's holiday in Miami Beach.

The Green Form, Not the White One
Her first mistake was filling in a white I-94 arrival/departure form on the plane, instead of the green I-94W form. The former is for visa-holders and the latter for anyone entering under the Visa Waiver Program. She had registered online and paid a fee, so she assumed she had a visa.

Don't Complain to Officious Border Guards
The second thing that she did wrong was to complain about the way she was being treated by the officious, unfriendly and inefficient border guards.

This almost certainly prolonged her detention and interrogation.

For the first two hours that our friend was incarcerated my wife and I had no idea what was happening to her, until one of the guards was persuaded to phone my wife on her mobile.

Customs and Border Protection Phone Number
If you've been waiting for two hours or more for someone that you are meeting at Miami International Airport, you could phone Customs and Border Protection on 305 874 5390. This number was provided by an airport employee.

No Explanation or Apology After Four-hour Detention
When our friend was released after four hours she received no explanation or apology.

Food Confiscated
Her luggage had been opened, some expensive Spanish ham had been removed, and a printed note left in its place. Don't try to enter the USA with food, as it will almost certainly be confiscated.

Avoiding Harassment
To avoid such harassment by immigration officials, make sure you get the correct forms from the cabin crew on the plane – one for each traveller – and have the address of where you're staying available to enter on the form, plus a contact phone number. Only one customs form is required per family.

Don't argue with officials, no matter how badly you feel you are being treated. Stay calm.

If you follow this advice, you should be through immigration and customs in about an hour if you're lucky.

Visa Waiver Program
The Visa Waiver Program is run by the US Department of Homeland Security. Registration, which is only possible online, doesn't guarantee entry into the USA and a fee is payable, using your credit or debit card. Do a Google search for Electronic System for Travel Authorization.

Have your passport and credit or debit card available, plus details of your flight if possible and the address where you'll be staying in the USA.

Wrong Passport Information Means Another Fee
If you make a mistake in your passport information and submit the form, you need to make another submission and pay a second fee.

Take particular care with zero and the letter O.

Other information can be updated, for example your email address, phone number, travel details and US address.

Silly Questions
The form also includes some silly questions about whether you are a criminal, drug trafficker, spy, terrorist or Nazi. Make sure you answer “no,” assuming that nothing applies to you.

Nationalities Eligible
Check that the country you are a citizen of is included in the Visa Waiver Program. Most European countries are, plus advanced countries such as Australia, New Zealand, Japan, South Korea and Singapore. The easiest way to make sure is to search for Visa Waiver Program in Wikipedia.

Some Passports May Not Be Acceptable
Children must have their own passports. If you renew your passport you need to register again, and passports must be machine-readable or biometric. The Wikipedia Visa Waiver Program page gives full details.

Green I-94W Form Being Abolished?
Despite reports of the green I-94W form being abolished, our friend was asked to fill one in to replace the white I-94 form which she had completed. My advice is to ask for it on the plane and, if you are given one, fill it in. You can always throw it way. The important thing is not to fill in a white form, which is for visa-holders only.

Keep the I-94W Stub
Finally, if the green I-94W form is requested by an immigration official, and is stamped, make sure you keep the stub and hand it in when you leave the USA, even if you're not asked for it.