CBP FAQs

How long can a green card holder stay outside the US?

Authored on: Fri, 06/17/2022 - 02:36

Question

I received a Green card (GC) last year (Dec 2021). I travelled to India in January 2022 for vacation and have been staying here in India for last 4 months. While on vacation, I have been working for a US employer from India. This is the same employer who sponsored my GC. I am planning to go back to USA in June 2022. This will be the first time I will be travelling back to USA using my GC. Kindly see my questions below.

1) If I mention that I was in India for four months on vacation, would this answer cause any issue with the CBP officer at POE?  

2)Is four months of vacation in my home country acceptable for a GC holder?

3) What typical questions could we face at the Port of Entry for someone who spent four months of vacation in their home country?

4) Is working for a US employer from India allowed for a GC holder?

5) Do I need to expect a secondary inspection for additional scrutiny by CBP officers due to my four-month vacation?
 

Answer

Video URL

Documents needed by and anticipated questions for green card holders at the port of entry

Authored on: Tue, 11/16/2021 - 07:14

Question

 I am a G.C. holder and will travel next month and plan to return to the U.S. in December. What documents do I need to carry and show at the port of entry when I return to the U.S.? What questions does a CBP officer usually ask a green card holder at the port of entry? Do I need to carry tax returns, pay stubs, W-2, and previous H-1B documents ( I was in H-1B before I got G.C.)?

Answer

Video URL

Reentering the U.S. on Visitor Visa

Authored on: Mon, 10/25/2021 - 05:26

Question

My parents have been here on visitor's visas since the beginning of August. If they are here for the entire six months, can they come back again within six months of leaving the U.S.?

Answer

Video URL

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.