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!
No, no need for a medical certificate. If you are seeking medical treatment in the United States, then you may need to present insurance information or bank statements showing you can pay for the treatments.
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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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If a CBP Officer were to be the one finding out, they would process you for a Notice to Appear before an immigration judge, where he would decide if he will revoke your I-551 Lawful Permanent Resident Card.
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If you are adjusting status, you cannot also apply for a non-immigrant visa. It is illegal. You can, however, withdraw your application with USCIS prior to applying for a non-immigrant TN visa. Do not apply for the TN until after you withdrew your application.
I am not sure of the process on the USCIS side of things, but I would contact them to find out. I am sure it is a fairly simple process. You can even visit one of their offices. I think your parents only have to withdraw the I-864, Affidavit of Support, from your file and thats it.
After you communicated with them, then it will be appropriate for you to apply for TN.
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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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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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Its hard to give you a firm answer without seeing your actual record. Generally, simple battery is not considered a CIMT. Aggravated battery is a higher possibility. My suggest to you would be to apply for a visa and mention your arrest to the consular officer, who will then either approve or deny a visa. When you use ESTA, you wont know if your entry will be denied until after your plane already lands in the United States. By this point in time, if we decide to deny you entry, your vacation would have been ruined and all your money just went down the drain. If you apply for an actual visa at the embassy, you will receive a definitive answer prior to making your travel arrangements.
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