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!
If you are adjusting status, you cannot also apply for a non-immigrant visa. It is illegal. You can, however, withdraw your application with USCIS prior to applying for a non-immigrant TN visa. Do not apply for the TN until after you withdrew your application.
I am not sure of the process on the USCIS side of things, but I would contact them to find out. I am sure it is a fairly simple process. You can even visit one of their offices. I think your parents only have to withdraw the I-864, Affidavit of Support, from your file and thats it.
After you communicated with them, then it will be appropriate for you to apply for TN.
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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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If a CBP Officer were to be the one finding out, they would process you for a Notice to Appear before an immigration judge, where he would decide if he will revoke your I-551 Lawful Permanent Resident Card.
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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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Debate Coach
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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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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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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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