US Immigration Questions

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

    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.

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

    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.

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

    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.

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

    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.

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

    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.

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

    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.

  7. Authored on: Wed, 12/05/2012 - 00:19

    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. Additional evidence, such as profit/loss statements, bank account records, or personnel records, may be submitted and will be considered at the adjudicator’s discretion. Additionally, USCIS has verified that consolidated financial reports of a parent company in which the sponsoring employer is a subsidiary can be considered by adjudicators to evaluate petitioner's ability to pay wages. As these reports tend to be lengthy, employers should tab the relevant pages for adjudicator’s reference.

  8. Authored on: Wed, 11/28/2012 - 06:41

    If I remember correctly, 212(e), the HRR, does not apply till you actually use the visa.

  9. Authored on: Wed, 11/28/2012 - 06:38

    She has to get a TD visa through a US consulate (either Bangladesh or Canada is ok). It should be a relatively short process -- from same-day to a few weeks, depending upon what the consulate needs. We do not practice Canadian law, so I do not know what you can do on the Canadian side, but US immigration laws have no problem with you applying for her Canadian immigration while on TN/TD.

  10. Authored on: Wed, 11/28/2012 - 06:36

    Under the law (8CFR 21A.2(j)(1) (v) (A)), a J-2 holder may use the earnings to support the J-1 visa holder. The earnings must be used for the “Family's customary recreational and cultural activities and those related travel.”