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!
It is always safer to have a physical B1/B2 visa over the Visa Waiver Program. You have slightly more protections (Not much). From what you stated, it doesn't sound like you spend much time in the US over the average person, however every officer is different.
It's really up to you if you want to get a Visa or not. I would just advise to bring proof of solvency every time you enter to make the officer feel more comfortable about allowing you into the country.
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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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I cant tell you exactly but everything thats written on the passport gets populated on the screen. Also, if you've been arrested, we'll know. If you've ever had any immigration issues, we'll know. A larger version of your picture populates the screen so we can compare your face to the picture easier.
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CBP Officers may ask for email for a number of reasons. Our agency does a lot of behind the scenes targeting that people are unaware of. I cant really give you more information than that.
There is absolutely nothing wrong with a doctor or a pharmacist coming to the United States to obtain additional licensing or certification. The only crime would be, if you were getting paid to provide services in the US or if you were to receive some sort of government provided financial aid to pay for the classes.
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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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