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!
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 do not have much experience with military codes and statutes. I did do a little bit of research and I do not believe this constitutes as a Crime of Moral Turpitude (CIMT). CIMTs are usually murder, kidnapping, robbery, and aggravated assaults.
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In my opinion, integrity is the number one thing we look for in a person. As a law enforcement agency, we absolutely can not have someone we cannot trust. As an officer, you have an access to extensive intel, drugs, and people's personal information. You are expected to keep all information confidential and remain professional in your duties.
So far, I am actually very happy with how far I've gone in my career. I consider myself a "go-getter" and have done many things that most haven't, simply because I chased it. A piece of advice I would give if you do get hired to this agency is: Don't limit yourself to the basic tasks. Show interest in new things, try new things, try things others wont.
I would say this is a great career with several opportunities ahead especially for someone young. Also, stick through the hiring process. It might seem like you'll never get it, it took me over 2 years, but take it one step at a time!
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Yes, that will be a big challenge for you. On your L1 visa, does it mention anything about a waiver? Overstaying your admission to the United States will almost guarantee at least a Withdrawal if not an Expedited Removal. When it comes to an overstay, even just a day, our hands are tied as a CBP officer. If you overstay once, you are automatically presumed to be an Intended Immigrant, and it is very difficult to overcome that presumption.
The best thing you can do is obtain a waiver from the State Department. If thats not possible, bring as many documents as you can to prove what you do and to prove that you will return home.
Again, this will be extremely difficult for you. It is very likely that you will be removed or asked to leave the United States. I know it sounds bad. However, after you are removed from the US, you can go to the State Department and explain your situation. In my experience, from what you described, you will most likely receive a waiver. Once you receive a waiver, the overstay will no longer be an issue for you.
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Under 212(a)(2)(A)(i)(II) of the Immigration and Nationality Act, even admitting to a crime can make you inadmissible into the United States. Technically, as per law, you will be permanently inadmissible to the United States for drug use. Generally, there is no waiver for drug use. However, you may get lucky and find a State Department employee at the embassy who will grant you a waiver anyways. There is no length of time you have to wait.
To be honest, with what you said, I can see someone granting you a waiver eventually. But as I stated, under law you are permanently inadmissible.
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Most likely, your name is similar to a criminal or someone we're looking for. As a US Citizen, the best way around this is to apply for Global Entry. Under this program, your information is reviewed prior to the plane landing. This way, once you set foot in the airport, you are already cleared to proceed.
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You can show bank statements to prove the amount of money you have. There is no magic number that would be sufficient, its whatever the officer thinks would be reasonable.
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