Ask Kidambi
I am a freelance medical writer currently registered and living in France. What is the best visa for entry into the U.S.?
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Most visa categories currently available for work in the United States are geared to assist U.S. businesses hire international workers. Freelancing may not be possible unless you are a journalist being sent here by a foreign publication [again, in a very limited sense]. However, if you have outstanding ability in your field of endeavor you could have an U.S. Agent sponsor you.
I am a Canadian Citizen. What are my nonimmigrant options?
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You have several options:
- A non immigrant visa to work in the US under NAFTA as a professional
- A non-immigrant visa to work in the US in a specialty occupation as an H-1B professional. [Minimum is a bachelor's degree in the field of endeavor]
- A non-immigrant student visa which will allow her to work 20 hrs a week and for one full year on practical training after she completes her education.
- A non-immigrant visa as a L-1 intra company transferee [if her company in Canada has a branch in the U.S.]
- A non-immigrant visa as a treaty trader or treaty investor.
I-94 Question - Where to surrender I-94 Arrival Departure Record if not taken at Port of Exit.
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Here is an extract from the process to surrender I-94 documents that are not taken at the POE.
The bottom line is that in today's world of increased enforcement and increased scrutiny of applicants for admission or adjustment of status, it has become incumbent upon on those whose I-94s were not surrendered upon departure to return them to the CBP. When this is done correctly it should close out an applicant's prior arrival and departure record and prove that a timely departure was made.
At a minimum, the card and information should be sent to:
ACS - CBP SBU
1084 South Laurel Rd.,
London, Kentucky 40744
1084 South Laurel Rd.,
London, Kentucky 40744
The I-94 card should not be returned to a consulate, embassy or even a local CBP office.
The return process, however, is also not perfect and thus, it is important to follow and augment designated return procedures. It is imperative that the applicant provide ample proof of the actual day of the departure and not just proof of the departure itself. Among the kinds of documents to prove the actual day of departure, CBP suggests sending a used airline ticket or boarding pass, a passport stamp showing date of arrival in home country, pay slips from employment outside of U.S. subsequent to departure, credit card slips showing purchases made outside of the U.S. post departure, etc.1 In addition, we recommend that when returning the card the applicant include a statement on boldly colored paper identifying clearly the date of departure and requesting that it be entered rather than the date that card was received by the processing center. This will hopefully reduce the chances that the date the data is received at the record center is recorded as the date of departure. In addition, remind your clients to carry copies of the evidence they sent when they seek to reenter just in case the information was not entered or, it was not entered correctly.
To determine whether an I-94 has been received and the date of departure correctly recorded applicants should submit a FOIA request to CBP's new FOIA office at the following address: U.S. Customs and Border Protection, 1300 Pennsylvania Ave., NW Attn: Mint Annex Building, FOIA Division, Washington, D.C. 20229.
How Do I report/return my uncollected I-94, Arrival-Departure Card?
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An uncollected I-94, Arrival Departure Card becomes the responsibility of the visitor. Not having it entered, or properly recorded in the Customs and Border Patrol System could result in secondary inspection, delays and potential denial of entry during a subsequent visit.
At a minimum, the card and information should be sent to:
ACS – CBP SBU
1084 South Laurel Rd.,
London, Kentucky 40744
1084 South Laurel Rd.,
London, Kentucky 40744
The I-94 card should not be returned to a consulate, embassy or even a local CBP office. The CBP does not acknowledge receipt.
Therefore, it is important to use a verifiable form of delivery (certified mail return receipt requested, or Secure Delivery through an authorized Federal Carrier like UPS). It is imperative that the applicant provide ample proof of the actual day of the departure and not just proof of the departure itself. Among the kinds of documents to prove the actual day of departure, CBP suggests sending a used airline ticket or boarding pass, a passport stamp showing date of arrival in home country, pay slips from employment outside of U.S. subsequent to departure, credit card slips showing purchases made outside of the U.S. post departure, etc.
In addition, we recommend that when returning the card the applicant include a statement (preferably notarized) on boldly colored paper identifying clearly the date of departure and requesting that it be entered rather than the date that card was received by the processing center. In addition, carry copies of the evidence with you when visiting.
To determine whether an I-94 has been received and the date of departure correctly recorded applicants should submit a FOIA request to:
CBP’s new FOIA office at the following address: U.S. Customs and Border Protection, 1300 Pennsylvania Ave., NW Attn: Mint Annex Building, FOIA Division, Washington, D.C. 20229.
The request should seek verification of the recorded date of departure as well as a copy of the returned I-94. The CBP does not indicate how long these requests are likely to take. Expect delays.
When should I hand over my I-94, during my domestic flight to an international terminal, or at the international terminal?
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I-94 is taken when you leave the shores of the U.S. You must surrender it when you board the international flight.
What are the filing fees for various cases?
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The filing fees for petitions keep changing from time to time. Filing Fee information can be readily obtained from the Service’s website at www.uscis.gov
What is the “Next Step” in my case?
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The “Next Step” always differs from case to case. However, as a general rule, nonimmigrant visas are either approved or denied based on the initial filing. Our office will inform you when we receive case status information from the Service. Green Card cases are different.