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!
A Visa Waiver applicant (VWP) cannot be placed under removal proceedings. The process of removing a Visa Waiver alien is called a Visa Waiver Refusal under section 217 of the Immigration and Nationality Act. To put it simply, it basically means we want you to go back to your country and apply for a visa because based on the facts presented, we will not allow you to enter under VWP status.
You should only be presented with a copy of the sworn statement.
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If your flight does not touch down on US soil at any point in time, you will not see a CBP Officer. Now, if your flight from Toronto connected to, say Miami, then Cancun, you would then see a CBP Officer.
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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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Your answer should be an honest answer. Tell the officer exactly what your intention is upon entering the United States. Provide proof of what you intend to do. Provide a certified letter from the program describing what you will be doing and who will be paying for it. Make sure it states that it is an internship.
Honesty is always the best policy. Officer's are known to "throw the book" at someone once they catch them in a lie.
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I am glad I could help you. It is much better to take care of this issue now before trying to enter the United States.
Good luck!
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You will probably be asked several questions as to why you were in the United States for such an extended period of time. It's not normal for a person to be on vacation for 6 months in another country. Be prepared to provide proof of economic solvency to justify your entry into the United States again.
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If you are an alien applying for admission to the United States, you can be removed from the United States if you cannot overcome the presumption of being inadmissible. This presumption is based on the Officer's discretion.
Under Border Search Authority, and for national security purposes, Officer's are legally allowed to search your phone (any electronic device) or use computer systems that can replicate the information contained within your phone. You are allowed to verbally deny them, but legally they can then formally seize it and return it to you at a later date if they determined it be necessary.
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