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!
I'm sorry, but I am not too familiar in this area. I only know of requesting a FOIA or a Redress Inquiry. If that didn't give you any information, then I dont know what else to tell you. Keep in mind, these requests can take up to 6 months or so before you receive anything.There is a number you can call in regards to CBP FOIA, maybe they can help you better than I can?
Take a look at the links I provided:
DHS TRIP: https://www.dhs.gov/dhs-tripCBP FOIA: https://www.cbp.gov/site-policy-notices/foia
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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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You need to ask yourself the following question, "If an American citizen came to my country for X many months and comes back X weeks later to stay X many months again, is he really just visiting?"
This what every officer thinks about when seeing someone with a history of remaining in the US for extended periods of time. Every officer calculates "Is this alien spending more time inside this country than outside?"
Theres no clear answer to your question, you just need to make sure your not spending more time inside the US than outside.
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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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Antiques Dealer
If you buy an item that turns out to be stolen, do you have to turn it over to the police?
Investment Banker
How much can bankers earn in a year?
Hotel Employee
What was the craziest request you ever got from a guest?
Usually we don't care. The only time I ever called shore patrol on a couple of active duty Marines was when one of them was intoxicated and wasn't listening to my instructions. Unfortunately, we fought him to the ground and put him in handcuffs. MP's were not happy to see him or his buddy.
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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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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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