CBP FAQs

The Impact of the NTA Memo

Authored on: Tue, 08/21/2018 - 23:47

Question

Under new deportation and denial policy 2018, I have following questions if I want to renew green card after 10 years. Can green card renewal I 90 be denied because of some common errors like forgot to submit copy of old green card, or any court document ( removal proceedings canceled without prejudice). Will I get deported if GC is denied due to minor administrative error?

Answer

Watch the Video on this FAQ: The impact of the NTA memo

Video Script

Green card renewals have been pretty much an administrative process. It is like renewing your drivers licence. If your green card is denied due to a minor administrative process can you be deported? Well, even under NTA if they put you in deportation your lawyers can walk over the evidence of the error to the court. Right now USCIS has postponed implementing its NTA policy until further notice. Even if it gets implemented chances are that as and when the NTA policy get implemented, it would be more reasonable than the way they had announced. More...

Visit the blog section to read more about this policy: https://www.immigration.com/blogs/deportation-and-denial-policy-2018-ju…

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

 

 

 


Traveling on a TN or L-1 Visa From Canada?

Authored on: Fri, 10/03/2014 - 07:43

Question

1. What are TN and L nonimmigrant classifications?<br>
2. How can Canadian citizens obtain TN and L-1 classifications? <br>
3. I am a first time TN and L-1 applicant – am I required to go to a designated port of entry?<br>
4. Which ports of entry are designated for optimized processing?

Answer

1. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level. The L-1 nonimmigrant classification - Intracompany Transferee Executive or Manager – enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States.  This classification also enables a foreign company that does not yet have an affiliated U.S. office to send an executive or manager to the U.S. with the purpose of establishing one.

2. Canadian citizens can continue to apply for TN and L classifications at U.S. ports of entry or U.S. preclearance facilities with the required documentation.

3. No, you may continue to go to any port of entry along the Canadian border for processing; however, we encourage you to go to one of the designated ports of entry where you will receive optimized processing.

4. Fourteen total ports are designated, to include 4 preclearance locations.

For more information please visit this page: http://www.cbp.gov/travel/international-visitors/canada-mexico-travel/t…

H-1 Concurrent Employment

Authored on: Thu, 12/06/2012 - 01:40

Question

If I am applying for concurrent employment on H-1, can I extend my status based on my new employment, or can it only be for the time I am already approved for?

Answer

You can extend your time, assuming that you would be otherwise eligible for an extension of status.

I-94 Corrections

Authored on: Thu, 12/06/2012 - 01:37

Question

Whom should we contact in the case of an erroneously issued I-94 cards, i.e., incorrect expiration date such as when the expiration date matches the visa expiration and not the I-797 approval notice? How do we reach this person? Which Ports-of-Entry (POE) may correct such a card?

Answer

U.S. Customs and Border Patrol (CBP) indicates that, if an I-94 has an error, any POE can correct. If I-94 expiration date is based on the limitation of the travel document (i.e. passport expiration date), then this is not an error that will be corrected.

K-1 Visa Automatic Visa Revalidation

Authored on: Thu, 12/06/2012 - 01:34

Question

K-1 visa holders are limited to a single entry. May a K-1 visa holder nevertheless take advantage of automatic visa revalidation?

Answer

Yes. U.S. Customs and Border Patrol (CBP) indicates that there is no law or regulation that precludes K-1 visa holders from benefiting from the automatic revalidation provision, provided all entry requirements and criteria are met, and their K-1 status has not changed since their initial K-1 admission.

Job titles approved for TN classification

Authored on: Thu, 12/06/2012 - 01:30

Question

Would an engineer with the job title of sales engineer or engineering manager be approved for TN classification if the job duties will require the application of engineering principles in support and promotion of technical products?

Answer

U.S. Customs and Border Patrol (CBP) indicates that, due to the fact that Sales Engineer or engineering manager is not among the professions listed in Appendix 1603.D.1, such an individual would not be approved for the TN classification.

Applicant seeking admission as a NAFTA professional

Authored on: Thu, 12/06/2012 - 01:24

Question

Isn't it true that, in determining whether the offered job comes within a NAFTA covered occupation, CBP Officers must evaluate the job duties as described in the employer’s statement supporting the application for admission and that the job title alone does control the determination?

Answer

U.S. Customs and Border Patrol (CBP) indicates that, as per section 8 CFR 214.6, an applicant seeking admission as a NAFTA professional shall demonstrate business activity at a professional level in one of the professions set forth in Appendix 1603.D.1 to Annex 1603.Therefore, the profession, or job title, of the applicant that is stated on the employment letter must be one of the professions listed in Appendix 1603.D.1, regardless of the duties described in the employer’s statement.

Procedure to seek supervisory review for a citizen of Mexico

Authored on: Wed, 12/05/2012 - 02:41

Question

For a CBP port of entry, what is the procedure available to seek supervisory review of an officer’s refusal to admit a citizen of Mexico to the U.S. for the period of offered employment up to three years?

Answer

U.S. Customs and Border Patrol (CBP) indicates that, in instances in which an officer refuses to admit a TN applicant for the period of employment up to three years, the applicant can ask to speak to the Supervisory CBP Officer who is assigned to the area in which the inspection took place. If this does not occur, an inquiry with the Special Cases Office could be initiated in order to have the admission reviewed.

Mexican citizen with valid TN visa confirming employment period

Authored on: Wed, 12/05/2012 - 02:09

Question

Assuming that the Mexican citizen holds a passport that is valid for at least three years and that the alien is otherwise admissible, isn't it true that an employer’s letter or statement confirming that the employer intends to employ the alien for a temporary period of up to three years is sufficient to support admission for the requested period of time.

Answer

U.S. Customs and Border Patrol (CBP) indicates that this is true. A Mexican citizen TN nonimmigrant applicant for admission whose passport is valid for the requested admission period, and who is in possession of an employment letter confirming the employment period of up to 3 years, should be admitted for a 3-year admission period.

Mexican citizen with a valid TN visa

Authored on: Wed, 12/05/2012 - 01:12

Question

Isn't it true that a Mexican citizen with a valid TN visa may be admitted to the United States in TN status for up to three years, provided that the individual’s passport will remain valid throughout this period and the individual is otherwise admissible?

Answer

U.S. Customs and Border Patrol (CBP) indicates that a Mexican citizen with a valid TN visa, if otherwise admissible, may be admitted as a TN for up to three years, if applicable, provided that the applicant’s passport remains valid during the duration of that period of time.

Supervisory CBP Officer initiated to have the cancellation reviewed

Authored on: Wed, 12/05/2012 - 01:06

Question

For a CBP port of entry, what is the procedure available to seek supervisory review of an officer’s refusal to admit a visitor due to the period of time he or she was previously present in the U.S.?

Answer

U.S. Customs and Border Patrol (CBP) indicates that, in instances in which an officer refuses to admit a visitor due to the period of time he/she was previously present in the U.S., the applicant can ask to speak to the Supervisory CBP Officer who is assigned to the area in which the inspection took place. Such refusal would definitely result in a visa cancellation taking place, in which case an inquiry with the Special Cases Office could be initiated in order to have the cancellation reviewed.

CBP requirements for a B-2 visitor

Authored on: Wed, 12/05/2012 - 00:44

Question

While previous presence in the U.S. is a relevant factor in determining whether an alien maintains a residence abroad that he or she has no intention of abandoning, isn't it true that inspecting CBP officers should not focus solely on the amount of time an individual has previously spent in the United States to determine eligibility for admission as a visitor?

Answer

U.S. Customs and Border Patrol (CBP) indicates that all nonimmigrant applicants seeking admission as B-2 visitors are required to satisfy the inspecting CBP Officer that they are entitled to the admission and classification that they seek, including proving that they maintain a foreign residence abroad that they have no intention of abandoning. A variety of factors are to be taken into consideration by the inspecting officer, including, but not limited to, the intended length of stay, proof of foreign residence, and financial solvency.

CBP and 180-day admission period for B-2 visitor

Authored on: Wed, 12/05/2012 - 00:35

Question

1. If an alien is otherwise admissible as a B-2 visitor for pleasure, isn't it true that a CBP officer should not limit the admission of that alien to 180 days in a twelve-month period?

2. Assuming an individual is otherwise eligible for admission, isn't it true that eligibility for admission as a visitor is determined by the nature and expected duration of the intended activity in the U.S.?

3. What is the training that is given to CBP officers to reinforce that B-2 visitors may lawfully be admitted for an aggregate period in excess of 180 days in a twelve-month period?

Answer

1. U.S. Customs and Border Patrol (CBP) indicates that, if an alien applicant is otherwise admissible as a B-2 visitor, and passport validity requirements are met, the applicant can be issued more than one 180-day admission period in a 12-month period.  

2. U.S. Customs and Border Patrol (CBP) indicates that alien applicants for admission in the B-2 classification are determined to be eligible for that classification based on the purpose of their visit to the U.S.,as well as the anticipated period of stay.

3. U.S. Customs and Border Patrol (CBP) indicates that training on nonimmigrant processing, including B-2s, is currently administered at the CBP Academy during basic training, as well as during Post Academy training that is administered after the trainee officers have returned from the Academy. The training is also administered to officers who require immigration cross-training, and periodic musters are disseminated to the field regarding non-immigrant processing issues. The training and muster material is basically a restatement of the laws and regulations concerning B-2 nonimmigrants.

B-1 Visa removed and cancelled by CBP

Authored on: Wed, 12/05/2012 - 00:28

Question

If a Mexican B-1 truck driver has his/her B-1 Visa removed and cancelled by CBP for a Point-to-Point violation and wants to challenge that determination, whom should that person contact at CBP?

Answer

U.S. Customs and Border Patrol (CBP) indicates that a Mexican truck driver whose B-1 visa has been cancelled by CBP for a point-to-point violation will need to discuss the issue of the cancellation with the U.S. Consulate in Mexico. If the truck driver in question is able to convince the Consular Officer that the cancellation was done in error or was otherwise not required, then the Consulate will issue the truck driver a new B-1 visa that includes an annotation stating that the truck driver has been advised of U.S. laws and regulations regarding Cabotage. Most if not all of the point-to-point cancellations are processed by Border Patrol, and there is no appeal process in place for Border Patrol cancellations. The Special Cases Office at the San Ysidro Port of Entry will only field inquiries regarding cancellations that were processed at the CBP ports of entry.

Unlawful Presence

Authored on: Wed, 12/05/2012 - 00:24

Question

If a Canadian does not have a Form I-94, does he not accrue unlawful presence until there is a finding that he violated the terms of his nonimmigrant alien status? Is the burden is on CBP to establish such a violation occurred?

Answer

U.S. Customs and Border Patrol (CBP) indicates that the mere fact that there is no I-94 does not determine whether or not an individual overstays. Moreover, an individual who is admitted as a B, but does not receive an I-94 either on the southern or northern border is in a legally materially different status than an individual who is admitted as duration of status. Canadians accrue unlawful presence irrespective of whether they have an I-94.