Frequently Asked Questions - CBP

H-1 Concurrent Employment

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

I-94 Corrections

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

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

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
Procedure to seek supervisory review for a citizen of Mexico

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

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

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

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.

CBP requirements for a B-2 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.

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

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.  

B-1 Visa removed and cancelled by 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.

Unlawful Presence

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.

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

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.