| Immigration.com

Mexican citizen with a valid TN visa

12 years ago By Chief Editor

Question details

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?

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.

Read more about Mexican citizen with a valid TN visa

Supervisory CBP Officer initiated to have the cancellation reviewed

12 years ago By Chief Editor

Question details

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.?

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.

Read more about Supervisory CBP Officer initiated to have the cancellation reviewed

CBP requirements for a B-2 visitor

12 years ago By Chief Editor

Question details

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?

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.

Read more about CBP requirements for a B-2 visitor

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

12 years ago By Chief Editor

Question details

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?

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.

Read more about CBP and 180-day admission period for B-2 visitor

B-1 Visa removed and cancelled by CBP

12 years ago By Chief Editor

Question details

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?

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.

Read more about B-1 Visa removed and cancelled by CBP

Unlawful Presence

12 years ago By Chief Editor

Question details

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?

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.

Read more about Unlawful Presence

I-140 Evidence for Ability to Pay

12 years ago By Chief Editor

Question details

What kind of evidence is acceptable to show ability to pay wages in an I-140?

The regulations state that for ability to pay wages, USCIS will accept copies of annual reports, federal tax returns, or audited financial statements. If the employer has more than 100 workers, a statement from a financial officer of the organization can be submitted to establish the ability to pay the proffered wage.

Read more about I-140 Evidence for Ability to Pay

DOL FAQs on New Electronic Filing System for H-2B & H-2A Programs

12 years ago By Editor

The Department has posted the first round of Frequently Asked Questions (FAQs) addressing the implementation of electronic filing in the H-2B and H-2A labor certification programs through the Department's iCERT Visa Portal System. The FAQs are largely based on questions received from participants in the four webinar training sessions conducted by the Office of Foreign Labor Certification, and are published to assist program users in navigating electronic filing in the H-2B and H-2A programs.

USCIS Releases Statistics On Form I-526 and I-829 For Fiscal Years 1991 – 2012

12 years ago By Editor

USCIS statistical information on Form I-526 immigrant petitions by alien entrepreneur and Form I-829 petitions by entrepreneur to remove conditions. The number of cases received, approved and denied by fiscal year from FY1991 to FY2012.

Please check attachment to view Statistics.

USCIS Announces CNMI-Only Transitional Worker Limit

12 years ago By Editor

WASHINGTON—The Department of Homeland Security (DHS) today announced that the fiscal year (FY) 2013 limit for Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Workers (CW-1) is 15,000. The Consolidated Natural Resources Act of 2008 (CNRA) requires an annual reduction of the number of CW-1s, the nonimmigrant category for these transitional workers.

Subscribe to