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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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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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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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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Auto Mechanic
If I know nothing about cars, how can I tell if a mechanic is ripping me off?
Antiques Dealer
What do real antiques dealers think of the Antiques Roadshow reality show?
Bartender
Which customers are the worst tippers?
For U.S. Customs and Border Protection, the southwest border is in dire need of officers. The agency provides support to those officers by having officers at airports work Temporary Duty (TDY) at various Ports of Entry for extended periods of time. Hundreds of officers have signed up to participate, most voluntarily, very few mandated.
So yes, it does actually happen!
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It is likely that when you re-enter, the system would alert the officer that you were a previous "Over stay". At that time, your visa will be canceled under 222(g), you will then be processed as an Expedited Removal, charged with 212(a)(7)(A)(i)(I) and barred from the US for a minimum of 5 years.
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Yes. There is a policy on how long it is allowed to be, but I'm not exactly sure of the measurements.
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