Category: US Immigration Law

Navigating Secondary Inspection at the United States Border

Blog Post with picture of airplane with the title: Navigating Secondary Inspection at the US Border.

Traveling internationally can be stressful, especially when you arrive in the United States (U.S.) and find yourself pulled into secondary inspection by Customs and Border Protection (CBP). This process, while routine for CBP, can be intimidating, confusing, and even anxiety-inducing for travelers. At AVA Global, we want to make sure you know your rights and how to handle the situation calmly and strategically.

What Is Secondary Inspection?

When you enter the U.S., you first go through primary inspection, where CBP officers check your passport, visa, and ask general questions. Most travelers pass through this phase quickly; however, if CBP needs more information or has concerns about your travel history, documents, or responses, you may be sent to secondary inspection.

Secondary inspection is a more detailed process that can involve:

  • A thorough review of your documents
  • In-depth questioning
  • Searches of your luggage and electronic devices
  • Verification of your immigration status or prior travel
  • Biometric checks (fingerprints, photographs)

It’s important to remember that being selected for secondary inspection does not mean you did something wrong. It could be random, or due to common issues like:

  • A mismatch in records
  • A name similar to someone on a watch list
  • Frequent travel to the U.S.
  • Prior immigration violations or visa overstays
  • A need to verify employment or school enrollment

What You Should Do if You are Pulled into Secondary

1. Stay Calm and Polite

This may seem obvious, but it’s crucial. CBP officers have broad authority at the border, and becoming angry or argumentative will only make the situation worse. Answer questions truthfully and respectfully.

2. Know What You’re Carrying

CBP has the right to inspect your belongings, including phones, laptops, and other digital devices. They may request access to your social media or email accounts. While you are not legally required to provide passwords, refusing may delay your entry or cause CBP to deny admission. If you’re concerned about privacy, consider leaving your electronics at home.

3. Understand Your Rights

If you are a U.S. citizen, you cannot be denied entry to the country. However, CBP can detain you for questioning. If you’re a lawful permanent resident (green card holder) who has not abandoned residence in the U.S., you also have the right to re-enter, but may be subject to more scrutiny if you have past legal or immigration issues. Be very careful about staying outside of the country longer than six months if you are a green card holder. If you have, then we highly advise that you speak to a licensed U.S. immigration attorney before trying to re-enter.

For non-citizens, admission to the U.S. is discretionary. However, you still have the right to:

  • Request an interpreter if needed
  • Remain silent if you’re unsure how to answer
  • Ask for an attorney if you’re being detained for removal proceedings (though you’re not entitled to legal representation during routine inspections)

4. Don’t Sign Anything You Don’t Understand

If CBP believes you are inadmissible, they may offer you the option to withdraw your application for entry. This is a serious decision with long-term consequences. Do not sign any documents without understanding their impact or speaking with a lawyer.

5. Contact an Immigration Attorney Immediately

If you’re placed in expedited removal or deferred inspection, or if your visa is cancelled, contact an immigration attorney as soon as possible. Having legal guidance can make a significant difference in protecting your rights and addressing any misunderstandings.

6. Document Your Experience

As soon as you’re able, write down everything you remember about the inspection process, including:

  • The names or badge numbers of officers
  • The questions asked
  • Any documents you signed
  • How long you were held

This information can help your attorney evaluate the situation if legal action or follow-up is necessary.

Final Thoughts

Secondary inspection can be nerve-wracking, but knowing what to expect and how to respond can make a major difference. At AVA Global, we’re here to help you navigate any immigration challenges with clarity and confidence. If you’ve had a difficult experience with CBP or are facing immigration issues, contact us for a consultation today. You may register for a consultation by calling 970-680-1223/+41 (0)78 248 26 28 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of May 7, 2025

Consular Visa Processing at the U.S. Embassy in Bern, Switzerland

Consular Visa Processing at the U.S. Embassy in Bern Switzerland Blog Post

Consular visa processing refers to the process of applying for a United States (U.S.) visa outside of the U.S. in order to visit or move there. For Swiss citizens and residents of Switzerland, the U.S. Embassy in Bern is the primary embassy responsible for processing U.S. visa applications. Understanding how consular visa processing works at the U.S. Embassy in Bern can help you navigate the procedure with confidence, ensuring that your trip to the U.S. is not hindered by any unnecessary delays or complications.

In this article, we’ll walk you through the consular visa processing steps at the U.S. Embassy in Bern, offering practical tips and key information to help you prepare for your visa application.

What is Consular Visa Processing?

Consular visa processing refers to the process by which the U.S. Embassy or Consulate in a foreign country reviews and processes applications for U.S. visas. This process includes assessing the eligibility of applicants for various types of visas, including tourist, business, student, and work visas. In Bern, the U.S. Embassy handles these requests for residents of Switzerland and other nearby regions.

The U.S. visa application process involves several key steps, including filling out an application form, submitting required documentation, attending an interview, paying fees, and waiting for a decision.

Types of U.S. Visas Processed in Bern

The U.S. Embassy in Bern processes a variety of visa types, including:

  • B-1/B-2 Visitor Visas: For those traveling to the U.S. for tourism, business, or medical purposes.
  • F-1 and J-1 Student Visas: For individuals seeking to study in the U.S. at accredited institutions.
  • H-1B and L-1 Work Visas: For foreign professionals coming to work in the U.S. under temporary employment arrangements.
  • K-1 Fiancé(e) Visas: For individuals intending to marry a U.S. citizen.
  • Immigrant Visas: For individuals who are moving to the United States as the spouse of a United States Citizen or Lawful Permanent Resident or because they have an approved immigrant work visa.

Each visa type has its own set of requirements and fees.

Steps in the U.S. Visa Application Process in Bern

The process of obtaining a U.S. visa at the U.S. Embassy in Bern can be broken down into several important steps.

1. Complete the DS-160 or DS-260 Form

The first step in applying for a U.S. visa is to complete the DS-160 (nonimmigrant) or DS 260 (immigrant), an online application form. This form requires detailed information about your personal background, travel plans, and reasons for visiting the U.S. Once completed, you will receive a confirmation page, which you must print and bring with you to your visa interview.

2. Pay the Visa Application Fee

The visa application fee is a standard requirement for most U.S. visa applications. The fee amount varies depending on the type of visa you are applying for, and payment can be made online or through designated payment methods. Keep the receipt as proof of payment.

3. Schedule an Appointment

After submitting your DS-160 form and paying the fee, the next step is to schedule a visa appointment at the U.S. Embassy in Bern. Appointments can be scheduled through the embassy’s online appointment system. It’s important to schedule your interview as early as possible, as appointment availability can vary, particularly during peak travel seasons.

4. Prepare Required Documents

Before attending your interview, make sure to gather all required documents. Common documents include:

  • A valid passport with at least six months of validity beyond your intended stay in the U.S.
  • A passport-sized photograph that meets U.S. visa requirements.
  • DS-160 or DS-260 confirmation page with barcode.
  • Visa application fee receipt.
  • Supporting documents for your visa type, such as proof of financial stability, invitation letters, conference information, educational documentation, etc.
  • Any additional documents requested by the embassy for your specific visa type.

5. Attend the Visa Interview

The visa interview is an essential step in the consular visa processing process. During the interview, a consular officer will ask questions to determine your eligibility for a U.S. visa. They may inquire about the purpose of your trip, your ties to Switzerland, and your financial situation. The consular officer will review your documents, including your application and supporting paperwork, to ensure everything is in order.

It’s important to be honest and clear in your responses. The interview process is typically straightforward, but the officer may request additional documents or information depending on your specific circumstances.

6. Wait for Visa Processing

Once your interview is complete, your visa application will be processed. Processing times can vary, so it’s a good idea to apply well in advance of your intended travel date.

7. Receive Your Visa

If your visa is approved, you will be notified when your passport with the visa stamp is ready for pickup or delivery. If your visa is denied, you will receive information on the reasons for the denial, and in some cases, you may be able to appeal or reapply after addressing the issues raised.

8. Key Tips for a Successful U.S. Visa Application

  • Start Early: Visa processing can take time, so it’s important to start the process as early as possible.
  • Be Thorough: Ensure that all required documents are complete and accurate. Missing information can lead to delays or denials.
  • Be Honest: Misrepresentation during the application or interview can result in a visa denial. Always provide truthful answers and information.
  • Prepare for the Interview: The interview is a critical part of the process. Be clear and concise when answering questions, and provide additional documents if requested.

Final Thoughts

Consular visa processing at the U.S. Embassy in Bern is a process that requires careful preparation. Whether you are traveling for business, tourism, study, or family purposes, our team at AVA Global is there to guide you through the visa application process and help make your journey to the United States a reality.

If you would like to discuss consular visa processing at the U.S. Embassy in Bern or any other U.S. Embassy or Consulate, our experienced immigration law team is here to assist. You may register for a consultation by calling 970-680-1223/+41 (0)78 248 26 28 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of April 7, 2025

Entering the United States on a Nonimmigrant Visa

Entering the United States on a Nonimmigrant Visa

If you are entering the United States on a Nonimmigrant visa, then you most likely have heard a lot of news outlets reporting on nonimmigrants being turned away at the border. Please note that U.S. Customs and Border Patrol (CBP) is the immigration authority at the U.S. port of entry; therefore, even if you have a visa in your passport or an ESTA, they can ultimately decide whether or not to let you enter the United States. This article will help you prepare for your entry to the U.S.

1. What is Your Visa Category?

There are many different types of nonimmigrant visas. For example:

  • Tourism (B-2)
  • Business (B-1)
  • Student (F-1, J-1, M-1)
  • Work (H-2B, E-2, O-1)

When you applied for your visa, you should have carefully ensured that you applied in the correct visa category based upon your purpose for traveling to the U.S. As each category has different requirements and responsibilities, it is imperative that you take the time to fully understand the conditions and limitations of your visa to ensure compliance throughout your stay.

2. Review Your Visa and Passport

When your visa is approved, then it will be stamped inside of your passport. Be sure to review your visa to ensure that all the details are correct, such as your name, visa type, and validity dates. If there are any discrepancies, contact the U.S. embassy or consulate before you travel.

You should also ensure that your passport has at least six months of time before it expires as sometimes passengers get denied boarding if their travel documents expire within a certain period of time.

3. Plan Your Arrival in the U.S.

Before you travel, it’s crucial to:

  • Confirm Your Travel Dates: Double-check the validity of your visa and ensure your travel dates align with the visa’s validity period.
  • Prepare Your Travel Documents: In addition to your passport and visa, you should carry supporting documents to present to CBP upon arrival, such as:
    • Proof of the purpose of your visit (eg. a letter from your employer, university acceptance letter, conference invitation, vacation travel itinerary, etc..)
    • Evidence of sufficient funds to cover your stay in the U.S.
    • Return flight details or proof of onward travel.
    • Evidence that you will return to your home country at the end of your stay (eg. Proof of a resident, job, schooling, etc.).
  • Know Your U.S. Address: Make sure you have your U.S. address ready, whether it’s the address of a friend, family member, or your place of employment or school.

4. Understand the U.S. Entry Process

Upon arrival in the U.S., you’ll go through a CBP inspection. Be prepared to answer questions regarding the purpose of your visit, your planned activities, and your ties to your home country. The CBP officer may also review your documents, including your visa and supporting paperwork. CBP officers also may go through anything you have with you, including your telephone, computer and emails. If this is concerning to you, then it is better to leave those devices at home rather than take them with you.

While most travelers are allowed entry, keep in mind that the final decision is made by the CBP officer at the port of entry. They may approve or deny entry based on their assessment.

5. Follow the Terms of Your Visa

Once you’ve entered the U.S., it’s essential to adhere to the terms of your visa. This includes maintaining your status by attending school (if you’re on a student visa), working only in the approved capacity (if you have a work visa), and not overstaying the duration of your authorized stay. Violating the terms of your visa can result in serious consequences, including deportation and future visa denials.

Final Thoughts

Entering the U.S. on a nonimmigrant visa requires careful preparation and a clear understanding of the application process, visa conditions, and entry requirements. By following these steps, gathering the necessary documentation, and being honest during your interview, you can increase your chances of a smooth and successful entry into the U.S.

If you have questions, concerns or need assistance with your visa application, you can register for a consultation with us via phone (970-680-1223) or online. Our attorneys are licensed to practice U.S. immigration law in all 50 states and at U.S. consulates and embassies around the globe.

*Shared for general information purposes and is not legal advice. Engagement with this post doesn’t create an attorney-client privilege. For specifically tailored advice, schedule a consultation.

Current as of March 31, 2025

What is an Internal I-9 Audit and Why Should I Conduct One as an Employer?

I-9 Compliance and conducting an internal I-9 Audit.

Should we do an internal I-9 Audit? If you are an employer in the United States, then you are obligated to comply with U.S. immigration laws. Not only can this protect your company’s reputation, but it also will help you avoid expensive penalties. One of the most known immigration compliance obligations for U.S. employers is properly completing and maintaining a Form I-9 for all employees.

What is Form I-9?

Form I-9, officially known as the Employment Eligibility Verification form, is used to verify an employee’s identity and their authorization to work in the U.S. Employers are required to ensure that these forms are filled out accurately and retained for the appropriate period of time.

Why Conduct an Internal I-9 Audit?

An internal I-9 audit is a proactive way to ensure that your company is in full compliance with federal regulations. Whether you decide to review your I-9 records due to a change in company policies or part of an ongoing compliance program, conducting regular I-9 audits can help you catch potential issues before they become serious problems. For example, conducting regular I-9 audits can help employers:

1. Avoid Penalties: The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) enforce strict I-9 regulation compliance. In fact, employers who fail to complete, update, or retain I-9 forms properly can face significant fines. Penalties range from small fines for minor mistakes to severe financial consequences for more serious infractions. An internal audit helps mitigate the risk of costly fines by ensuring your forms are in compliance before you’re scrutinized by an external authority.

2. Ensure Proper Documentation: One of the most common mistakes employers make is failing to ensure that employees submit the correct documentation for work authorization. An internal I-9 audit can ensure that the appropriate documents are being used, and that they are also up-to-date. It also helps ensure that any expired work authorization documents are flagged, so corrective action can be taken.

Steps to Conduct an Internal I-9 Audit

Step 1: Review Your I-9 Records Start by reviewing the I-9 forms you currently have on file. For each employee, verify that the correct version of the form was used, that it is legible and that it has been completed in its entirety. Double-check that all required information is in the form and that it is signed and dated by both the employee and the employer or its authorized representative.

Step 2: Confirm Document Completeness and Accuracy If you retain employee identification and work authorization records, ensure that employees have provided proper documents to establish both their identity and employment authorization. Review the documents and ensure they fall within the acceptable categories as specified by the I-9 form instructions. Employers should also verify that the documentation is not expired. If you find any expired documentation, you must follow the appropriate procedures to update the employee’s work authorization status or request new documentation.

Step 3: Verify Timely Completion I-9 forms must be signed by the employee on their first day of employment and completed by the employer no later than three business days after the employee starts working. If you discover that any I-9 forms were not completed on time, make a note of these violations and take steps to rectify them.

Step 4: Look for Common Mistakes While reviewing your I-9 records, pay special attention to common errors such as:

  • Incorrect dates or missing signatures.
  • Mistakes in the employee’s date of birth or Social Security number.
  • Incorrect or incomplete document lists, such as failing to properly list the document type.
  • Failure to reverify employment authorization when required (e.g., when an employee’s work authorization has expired).

Step 5: Address Discrepancies and Take Corrective Action If you discover discrepancies, take corrective actions promptly. For instance, if you find incomplete forms, it is important to complete them immediately. If any forms are missing or you cannot find a specific I-9 form, contact the employee and have them complete a new I-9 form. In cases of errors that cannot be corrected, such as expired documents that were never updated, take immediate steps to verify the employee’s work status and obtain valid documentation.

Step 6: Retain and Secure Your I-9 Records Once the audit is complete, ensure all forms are securely stored and organized in compliance with I-9 record-keeping requirements. I-9 forms must be kept for at least three years after the employee’s hire date or one year after employment ends, whichever is later. Properly storing and securing these forms will protect you from potential claims of non-compliance.

Final Thoughts

An internal I-9 audit is an essential part of maintaining a legally compliant workforce. By identifying potential errors, addressing discrepancies, and ensuring all forms are completed correctly and on time, you minimize the risk of facing fines or legal challenges.

If you need guidance on how to conduct an internal audit or need help rectifying any mistakes found during the process, you can register for a consultation with us via phone (970-680-1223) or online.

*Shared for general information purposes and is not legal advice. Engagement with this post doesn’t create an attorney-client privilege. 

FY 2026 H-1B Lottery Open Now!

FY 2026 H-1B lottery reminder with an alarm clock.

An important reminder that the FY 2026 H-1B lottery opened last Friday and runs through noon, EST, on March 24, 2025. The H-1B visa is one of the most sought-after pathways for foreign nationals wishing to work in the United States.

What is an H-1B Visa?

An H-1B visa allows U.S. employers to temporarily hire foreign workers in specialty occupations. Typically, the job must require a bachelor’s degree or higher in a specific field, such as engineering, IT, finance, healthcare, or other technical sectors.

What is the H-1B Lottery?

The H-1B visa is subject to an annual cap, which means that there are a limited number of visas approved each year. As theses visa are highly competitive, prospective employers who are subject to the cap and hope to hire an H-1B employee must enter their beneficiary in the H-1B Lottery.

How does an Employer Register for the Lottery?

Cap subject employers must use a USCIS online account to register each beneficiary electronically for the selection process. Employers must also pay the associated registration fee of $215 for each beneficiary before the registration period ends.

If you would like assistance registering for the H-1B lottery and filing a petition for an employee in the event that your registration is drawn, our experienced immigration law team is here to assist. You may register for a consultation by calling 970-680-1223 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of March 11, 2025

Jaci Ohayon has been sworn into the Geneva Bar Association!

Congratulations post to Jaci Ohayon for being sworn into the Geneva Bar Association

AVA Global is thrilled to announce that Attorney Jaci Ohayon has been sworn into the Geneva Bar Association.

Jaci, who is also a member of the Washington Bar Association, is accepting new clients in the areas of U.S. immigration, Global Mobility, Human Rights and Labor Disputes with International Organizations.

You can schedule an appointment with Jaci via zoom or in person at her office in Geneva, Switzerland.

Congratulations Jaci!

TPS for Haiti Partially Vacated!

TPS for Haiti Partially Vacated

The Department of Homeland Security has partially vacated the 2024 Temporary Protected Status (TPS) designation for Haiti. 

If it is not re-designated by June 4th, then it will end on August 3, 2025, rather than the original date of February 3, 2026, which means that Haitians currently living and working in the United States on TPS will lose their status. 

What is TPS?

TPS is designated for a country when conditions are so terrible that it would be inhumane to make citizens return to that country.

Why was TPS designated for Haiti?

Since 2021, the United Nations has detailed the crisis in Haiti, including gang violence, mass displacement of people, rape, kidnappings and murder.

If you are a Haitian currently present in TPS status in the U.S. and would like to discuss your situation with a U.S. immigration attorney, please reach out to us at 970-680-1223 or via our website at www.aspirevisaattorneys.com.

*Shared for general information purposes and is not legal advice. Engagement with this post doesn’t create an attorney-client privilege. 

How can Humanitarian Parole help me?

Humanitarian Parole Blog Post

Humanitarian parole is a temporary entry into the United States (U.S) granted by the United States Citizenship and Immigration Services (USCIS) for individuals who are otherwise ineligible for entry into the U.S. It is not a visa, but can be a lifeline for individuals who are in life-threatening situations, have medical needs, or need to be in the U.S. for family purposes.  

A parole status is only granted for a limited period of time, typically, up to one year. Although individuals can apply for statuses or other immigration benefits while in the U.S on humanitarian parole, it does not provide a pathway to citizenship, permanent residency or work authorization.

Who can apply for parole?

Humanitarian parole can be used in a variety of situations, some of the most common ways to be eligible for humanitarian parole include:

1- Medical Emergencies: If an individual is in need of medical treatment that is not available in their home country, they may be eligible for parole. 

2-Family Reunification: In cases where families are separated due to humanitarian crises (such as natural disasters or conflict), parole may be authorized to temporarily reunite families in the U.S. 

3-Witnesses and Victims of Crime: Individuals may also be eligible for parole if they have been victims of certain crimes or who are providing testimony for civil or criminal cases. 

4-Refugees or Victims of Violence: To escape imminent harm, individuals who are fleeing dangerous situations such as those facing cultural, political or religious threats may be eligible for parole. 

5-Special Circumstances: This could include an individual who is in need of parole due to the a specific event or activity with notable public benefit such as humanitarian work, assisting in investigations or diplomacy and medical procedures. 

Benefits of Humanitarian Parole

Despite parole only being available for a temporary period, it does have certain benefits for individuals in dangerous and desperate situations. Some of the benefits include:

Medical Access: Parole provides an opportunity for individuals who need urgent medical care that might not be available in their home country. 

Protection from Imminent Harm: Parole can help individuals escape from life threatening or dangerous situations creating a sanctuary in the U.S. 

The Process of Applying For Parole

To apply for Humanitarian Parole, an individual must submit Form I-131 (application for travel document) and Form I-134 (declaration of financial support) to USCIS along with a supporting statement that outlines the dire and urgent need for entry into the U.S.

The application should include:

1-Detailed Explanation: A thorough explanation of why parole is being requested, including the nature of the emergency or humanitarian process.

2-Supporting Documentation: This may include medical records, news reports, affidavits from individuals who can attest to the applicant’s circumstances, or any other evidence that supports the claim of urgent humanitarian need.

It can take several months and even years for USCIS to respond to a humanitarian parole application. If the request is urgent, then one should consider filing an expedite request.

Humanitarian parole is an opportunity for individuals to obtain entry into the U.S when in a dire situation, which is approved if it contains eligible factors. Parole is considered on a case-by-case basis. It will be granted if all the evidence concludes that the individual is in an urgent situation and if there are urgent humanitarian or significant public benefit reasons for the beneficiary to be in the United States. 

At AVA Global, we have helped many, many clients file for Humanitarian Parole. If you would like to discuss whether Humanitarian is right for you or a loved one, our experienced immigration law team is here to assist. You may register for a consultation by calling 970-680-1223 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of February 20, 2025