CBPGuy
7 Years Experience
SouthWest, US
Male, 25
I am a U. S. Customs and Border Protection Officer on the southwest border between Mexico and the United States. I know the ins and outs of the job as seen on TV/News and things intentionally hidden from the media! There's more to this job than "Anything to declare?" I dont know all but I'll do my best to answer any questions you have! All answers are my opinion, and my opinion only!
Some countries, by law, we are required to notify their consulate that you have been detained by CBP. Most countries, its voluntary on our part and only if you request it. If you are a violent criminal, we may contact your local authorities. However, for most immigration issues, you just return as a normal traveler like your just coming back from vacation.
This is the list of countries which is mandatory to notify:https://travel.state.gov/content/travel/en/consularnotification/countries-and-jurisdictions-with-mandatory-notifications.html
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You are not restricted to the address you listed on your visa application. When you apply for admission when entering the United States, you will be asked to fill out a blue customs declaration form (6059B). On this form, list the address you will be staying at.
If you have a special work visa, you would need to contact your employer to update the information.
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Legally, you can only be a resident of one country. Having Canadian residency does not automatically invalidate your US residency, but it would be a fact against you. A CBP Officer would set you up to see a judge to make the final determination.
You can go weeks, months, maybe even years crossing the border and not have any issues, but one day you may get caught. Once you lose your "LPR" status the first time, it is extremely difficult to get it again.
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Yes, passport, ESTA, and a parental consent form that is notarized will work for you.
Please, make sure it is notarized, or stamped by an official, prior to entering the United States.
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The waiver will be mentioned on the bottom of your visa. This should have been disclosed to the US embassy in India when you applied for you L1 A Visa. There is a question on the visa application that says something like "Have you ever overstayed your visit in the United States", to which you would answer yes. After answering yes, the US Embassy will interview you and ask you about what happened. More than likely, they will then grant you a waiver. Once you get this waiver, an immigration officer will not remove you from the United States upon entry.
In my honest opinion, I think you should go to the US embassy in India and explain that you overstayed your previous stay in the United States and tell them why. You should do all of this before you come back to the United States, so they can issue you a new L1 A Visa with a waiver. This also means you will have to pay for a new visa.
As an experienced immigration officer, if i saw that you were a previous overstay and nothing was done about it, i would charge you with 212(a)(7)(A)(i)(II) - because you will not overcome the assumption of being an intended immigrant. If the embassy granted you a waiver for your overstay, then I cannot charge you for that overstay.
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Thats above my pay grade, sir! I honestly don't know if the CBP website handlers enter information into our computer systems.
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Yes, you can apply for a TN. You may be asked about why you withdrew your 485, but it will not hinder your application for non-immigrant status.
It is only illegal if you are trying to apply to both.
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