Frequently Asked Questions

Q:

What food can I bring into the U.S. (fruit, cheese, meat, etc)?

A:

Fruits/Vegetables

  • Fruits and vegetables grown in Canada are generally admissible, if they have labels identifying them as products of Canada. Potatoes from western regions of Canada are currently restricted because of a disease outbreak. travelers from Canada should avoid bringing raw potatoes with them into the U.S.
  • Every fruit or vegetable must be declared to a CBP Officer and must be presented for inspection - no matter how free of pests it appears to be.

Meat/poultry/pork

  • Fresh meat is generally prohibited from most countries. Canned, cured, or dried meat is severely restricted from some countries.
  • Beef and game products are now allowed entry.
  • Meat products from domestic lamb, sheep and goats is still prohibited entry from Canada.
  • Cooked and raw poultry is permitted from Canada except from the province of Saskatchewan. However, to bring poultry products from any province in Canada into the United States, you must have proof of the origin of the poultry.
  • Pork and pork products are not admissible from Mexico.

Bakery/candy/cheese

  • Bakery items, candy, chocolate, and cured cheese are generally admissible. Canned goods and goods in vacuum packed jars (other than those containing meat or poultry products)are also generally admissible if being imported for personal use.

Dairy

  • Dairy items such as milk, yogurt, butter and eggs are generally admissible, although this is subject to change, depending on disease outbreaks. Hard cured cheese such as parmesan or cheddar are generally admissible, soft cheeses such as brie and soft curd cheese and cheese in water(ricotta, feta, etc.) are not.

Fish

  • Fish, if it is for your personal use, is generally admissible.

Failure to declare food products can result in a $10,000 fine.

For more detailed information, visit www.cbp.gov or click here.

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Q:

I did not turn in my I-94 when I left the U.S., what should I do?

A:

If you returned home with your Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it is possible that your departure was not recorded properly.

Air and Sea

  • If you departed by a commercial airline or cruise ship, your departure from the U.S. can be independently verified, and it is not necessary to take any further action. However, holding on to your outbound (from the U.S.) boarding pass can help expedite your re-entry next time you come back to the United States.

Land and Private Vessel or Plane

  • If you departed by land or by private vessel or private plane, you will need to take steps to correct the record. If you do not validate or can prove you departured timely from the United States, CBP may determine you remained in the U.S. beyond your authorized stay and not let you in the United States the next time you seek to enter. If this happens, your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.

Visa Waiver Program

  • If you are a Visa Waiver Program visitor who remained beyond the permitted stay in the United States, you cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. 
  • If you traveled by land from the U.S. to either Canada or Mexico for an onward flight, you must register your timely departure if your green I-94 was not taken from you when you exited the U.S.  If you fail to do so and you arrive at a U.S. port-of-entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin. 
  • If you are a VWP visitor and you left the U.S. by an air or sea carrier, you don't need to worry.

 If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:

  • DHS - CBP SBU
  • 1084 South Laurel Road
  • London, KY 40744

Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP office in the United States, or to any address other than the one above.

CBP strongly urges you to keep a copy of what you send to DHS-CBP and carry it with you the next time you come to the United States in case the CBP officer has any questions about your eligibility to enter.  Serotte Law Firm recommends that you make a photocopy of your I-94 before exiting the United States, where upon you will be required to turn it in, so that you may have a copy for your records.

 For more detailed information, visit www.cbp.gov or click here.

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Q:

Do I need to turn in my "Green Card" when I give up my Lawful Permanent Resident status?

A:

Yes. If you wish to abandon your permanent residence and relinquish your Permanent Resident Card or "Green Card", you will need to fill out and complete the Form I-407 and send it, along with your Permanent Resident Card and a self-adressed stamped envelope, to USCIS.

Express Mail: DHS/USCIS, Embajada Americana, Ave. Paseo de la Reforma #305-118, Col. Cuauhtemoc CP 06500, Mexico, DF. MEXICO

Once the U.S. Citizenship and Immigration Services office receives your completed Form I-407 and your Permanent Resident Card, the appropriate documentation stamps will be placed on the form along with the USCIS officer's signature. A copy of this form will be returned to you in the self-addressed, stamped envelope you provide.

This copy of the completed I-407 is your receipt and it validates the return of your Permanent Resident Card. You should keep a copy of the completed I-407 with your passport when you travel to the United States.

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Q:

I'm a Lawful Permanent Resident (Green Card holder) but need to leave the United States to find work elsewhere. I don't want to abandon my status. What can I do?

A:

If you plan, or there may be a possibility, to return to live/work in the United States, you may apply for the Re-entry Permit and the N-470, if eligible, to possibly retain your Lawful Permanent Resident status.

The Re-entry Permit allows a permanent resident or conditional resident to apply for admission to the United States upon returning from abroad during the permit's validity, without having to obtain a returning resident visa from a U.S. Embassy or consulate.

You must be physically present in the United States when you file the Re-entry Permit application. (However, a Re-entry Permit may be sent to a U.S. Embassy or consulate or Department of Homeland Security office abroad for you to pick up, if you request it when you file your application.) After filing your application, USCIS will inform you in writing when to go to your local Application Support Center for your biometrics appointment.

If you stay outside the United States for less than one year, you are not required to apply for a Re-entry Permit. You may re-enter the United States on your Permanent Resident Card.

If you intend to apply in the future for naturalization, absences from the United States for one year or more will generally break the continuity of your required continuous residence in the United States. If you intend to remain outside the United States for one year or more, you should file Form N-470.

Generally, a Re-entry Permit issued to a permanent resident shall be valid for two years from the date of issuance. However, if since becoming a permanent resident you have been outside the United States for more than four of the last five years, the permit will be limited to one year, with exceptions.

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Q:

I'm a Lawful Permanent Resident and have to leave the United States, but I want to retain all the time I obtained that's required to file for U.S. Citizenship. Is there anything I can do?

A:

You may be able to preserve residency, previously accumulated for naturalization purposes, even though you may be residing outside the United States for longer than one year. (Thus the time spent abroad may be counted toward the residency requirement.)

However, your absence from the United States must be due to one of the following:

1. On behalf of the U.S. Government  - if you are , or will be employed by, or are under contract with the U.S. Government.

2. For the purpose of carrying on scientific research on behalf of an American institution of research.

3. For the purpose of engaging in the development of foreign trade and commerce of the United States on behalf of an American firm or corporation or a subsidiary thereof.

4. Necessary to the protection of property rights outside the United States of an American firm or corporation engaged in the development of foreign trade and commerce of the United States.

5. On behalf of a public international organization of which the United States is a member. Note: Your employment cannot have started until after your admission as a permanent resident.

6. Solely because of capacity as a clergyman or clergywoman, missionary, nun, or sister of a denomination or mission having a bona fide organization in the United States.

 Form N-470 must be filed before departing from the United States.

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Q:

I'm a dual Canadian/U.S. citizen but I don't think I'll ever go back to the United States to live or work. How do I give up my U.S. citizenship?

A:

We suggest that U.S. citizens do not give up their U.S.citizenship, even if they feel like they will not return to the United States to live and work. You may not want to retain your U.S. citizenship now, but you may regret it in the future.

You may want to retain your U.S. citizenship if :
-- you are a "snowbird" when you retire and want to live in the U.S. for more than six months at a time; and

-- your children want to obtain U.S. citizenship for their minor children (must be done prior to their 18th birthday); they may qualify under your U.S. citizenship if you lived in the U.S. for more than 5 years and at least 2 years after age 14.

However, if you find that you still want to relinquish your U.S. citizenship, go to:

http://travel.state.gov/law/citizenship/citizenship_776.html

http://travel.state.gov/law/citizenship/citizenship_778.html

http://www.irs.gov/instructions/i8854/ch01.html

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Q:

Want to complain about how you were treated at a border crossing?

A:

"The CBP officer was so mean to me!"

"Every time I come to the States, I have to go into secondary because I'm mistakenly on a terrorist watch list. They apologize, but it happens every time!"

Every now and again, we get calls like these from shaken and upset people who want to file a complaint about how they've been treated at a Port of Entry. While Customs & Border Protection officials seem to be immune from less-than-Miss Manners social graces, there is still an avenue to file a grievance.

To make a comment or complaint about the actions of a Customs & Border Protection employee or official, click here. (Or go to www.cbp.gov and click on "Questions" on the left, then click on "Find an Answer, Ask a Question." Next, type "Comment" in the "Search by Keyword" field. Select "How do I ask a question or make a comment?". Be sure to include a valid e-mail address if you want a response.)

People who have been repeatedly identified for additional screening can file an inquiry to have erroneous information corrected in DHS systems. You may submit a request for redress though the Department of Homeland Security's Traveler Redress Inquiry Program.

DHS TRIP is for individuals who have inquiries or seek resolution regarding difficulties they experienced during their travel screening at transportation hubs -- like airports and train stations -- or crossing U.S. borders, including:

  • denied or delayed airline boarding
  • denied or delayed entry into and exit from the U.S. at a port of entry or border checkpoint
  • continuously referred to additional (secondary) screening
  • situations where travelers believe they have faced screening problems at ports of entry
  • situations where travelers believe they have been unfairly or incorrectly delayed, denied boarding or identified for additional screening at our nation's transportation hubs

To speed the processing of your request, you should provide as much information as possible about where and when you have experienced inspections by CBP.

If you believe that your situation requires urgent assistance, call Customs & Border Protection at 1-877-227-5511.

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Q:

The picture page of my passport picked up some kind of fungus in dampest India. Now some scanners can't read the bar code, and one immigration officer told me he could technically deny me admission to his country. Will the State Department replace my passport, even though there are several years left until expiration?

A:

Damaged passports aren't valid for travel, so you'll have to replace yours -- and unfortunately, it'll cost you. Not only will you not get credit for the unused years, you'll have to start from scratch as a first-time applicant, according to an agent at the National Passport Information Center. That means applying in person at an acceptance facility or passport agency, providing the required documentation (your damaged passport does not qualify) and photos, and paying $100 in first-timer's fees. Details: National Passport Information Center, 877-487-2778, travel.state.gov/passport.

Source: The Washington Post

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Q:

When does my time as a Lawful Permanent Resident begin?

A:

Your time as a Lawful Permanent Resident begins on the date you were granted permanent resident status. This can be found on your Permanent Resident Card, which is also known as a Green Card or an Alien Registration Card.

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Q:

If I have been convicted of a crime but my record has been expunged, do I need to indicate that on my application or tell an immigration officer?

A:

Yes. You should always be honest with immigration officers regarding:

  • Arrests (including those by police, U.S. Immigration officers, and other federal agents);
  • Convictions (even if they have been expunged); and
  • Crimes you have committed for which you were not arrested or convicted.
NOTE: Even if you have committed a minor crime, USCIS may deny your application if you do not tell the U.S. Immigration officer about the incident. It is extremely important that you tell USCIS about any arrest even if someone else has advised you that you are not required to do so.

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Q:

Where do I file my naturalization application?

A:

Beginning on Oct. 14, 2008, applicants must submit Form N-400 and related supplements to one of two new USCIS Lockbox facilities for initial processing, using the addresses found here.

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Q:

Where is my local Immigration office?

A:

Your local office can be found here.

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Q:

What is the fee for processing the N-400 Application for Naturalization?

A:

There is a $595 filing fee plus a biometrics fee of $80, for a total fee of $675.

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Q:

What do I do if my address has changed?

A:

If you have a pending application, go to www.uscis.gov or call the National Customer Service Center toll-free number at 1-800-375-5283. Please note that every alien must report a change of address within 10 days of moving to a new address. Special Registration address change requirements also apply to some non U.S.-citizens. Form AR-11, Change of Address Form, can be found here or here.

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Q:

How do I replace my Certificate of Naturalization if it is lost or damaged?

A:

Form N-565 is used to apply for a replacement certificate of citizenship or naturalization. It is filed in person or by mail with the local USCIS office having jurisdiction over your place of residence (except if you live in Maryland; file with the Vermont Service Center). Your local USCIS office can be found here. It must be filed with the filing fee and appropriate identification to establish your identity. Current photographs meeting USCIS photo specifications must also be submitted. (See instructions on the form.) Form N-565 can be found here

.

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Q:

When can I file my Application for Naturalization (N-400)?

A:

You can file the N-400 up to 90 days before you meet your residence requirement applicable to naturalization applicants.

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Q:

Which Naturalization test will I have to take?

A:

You will most likely take the redesigned test if you file Form N-400 after Oct. 1, 2008. However, if you filed prior to then, see a chart located here.

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Q:

How long will it take for my Naturalization application to be processed?

A:

Projected Naturalization processing times according to local U.S. offices can be found here.

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Q:

What is dual citizenship?

A:

A complete definition of dual citizenship can be found here.

 

For Helpful Links on U.S. Citizenship, click here>>

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