Journey of an F2 in USA

Student on F1 Visa Asked to Pay $1000 for Chanel Bag at USA Customs

I remember seeing this video at YouTube although I could not find it anymore. If I think back correctly, the video goes like this. There was this Asian student on F1 Visa returning to the USA after her home visit. She was about to start her classes. When she was at the Customs, the officer asked her if she was carrying more than $10,000 US Dollars, she answered in the negative. At that time, she had with her the Chanel bag slung in her shoulder. The officer asked how much is her handbag, she said she does not know as it was a gift from her parents.

The officer actually looked online and checked the price of the handbag. It seemed the officer had a special animus for that industrial design bag. The officer declared that the item is worth $4,300 US Dollars as shown online, same design. The student seemed nervous, quaking at her boots and did not say anything. Forward, she insisted that the item was a gift and she would not know the exact amount. The officer then asked how much US Dollars and other currencies she was carrying with her. She said not more than $10,000 US Dollars.

Don’t Let Them Tax You to the Ground

The officer asked the student to remove the contents of her bag. She was also asked to count all the money she had. She counted $5,000 US Dollars from her wallet and $2,000 US Dollars from pocket of her bag. She also voluntarily reached into the pocket of her coat, there were some foreign bills which she counted and the officer converted to US Dollars and amounted to another $2,000 US Dollars.

The total of her money/currency is $9,000 US Dollars. This is the sum of $5,000 US Dollars from her wallet, $2,000 US Dollars from the pocket of her bag, and $2,000 US Dollars worth of foreign currencies from the pocket of her coat. Truly, she was not carrying more than $10,000 US Dollars. The officer included the amount of the Chanel handbag which was valued at $4,300 US Dollars, she was assessed as carrying $13,300 US Dollars.

The student was asked to pay $1000 US Dollars which must be a penalty because it was a big amount and the video was cut short and no explanation what the $1000 US Dollars payment was for.

Observation:

The officer actually asked if the student was carrying more than $10,000 US Dollars which she answered truthfully. She was carrying a total of $9,000 US Dollars in US Dollars and other currencies. The student did not hide anything;
The question was not phrase do you have something to declare? If this was the question, the student could have answered, “I think I do not have anything to declare. I am carrying cash less than $10,000 US Dollars and my personal effects;”
Since the officer was eyeing the Chanel Bag and was under the impression that the bag was really expensive, the student could have paid the duties and taxes for the Chanel bag which was way less than the $1000 US Dollars she actually paid, or not, if she met the requirements discussed below;
From the totality of the circumstance, it cannot be concluded that the student failed to declare the Chanel Bag she was carrying, in fact, she was wearing the bag, slung in her shoulder;
The Chanel bag was a gift from her parents and she was bringing the bag to the USA as personal effect for her own use as she was already using the bag;
Was the Chanel bag smuggled? From what I have seen, the officer treated the situation as if the student smuggled the Chanel bag. The $1000 US Dollars she paid was not for duties and taxes. It was for penalty.
When do you pay for penalty? You pay penalty for Failure to Declare. No duty was collected because an undeclared article is treated as smuggled;
The officer could have also treated the situation as Fraud and Misrepresentation but there would be a duty and tax due. In this case, the student was asked to pay a lump sum of $1000 US Dollars;
If this was a consolation, at least, the officer, did not seized the Chanel bag and allowed the student inside the USA.

Avoid this Situation

This situation is not inevitable. There is a way to avoid this. The student should have answered that she was carrying less than $10,000 US Dollars and personal effects. Since the Customs Officer was intent on imposing duty and tax for her Chanel Bag, she could have paid the tax and duty for it, or not, if she met all the requirements discussed below. Here are the requirements for exemption.

Requirements for the Exemption

-must be a nonresident

-the items are personal effects

-the items are intended and appropriate for the use and purpose of that travel

– the items are owned and in possession of the non-resident at that time

-the items are for personal use

-the items are not for sale

-the items are not gifts for another person.

Section 148.42, Exemptions for Non-Residents, Title 19 Customs Duties of Electronic Code of Federal Regulations.

NonResident

The Provisions on Customs and Duties states, “Status as returning resident. Citizens of the United States, or persons who have formerly resided in the United States, (including American citizens who are residents of American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States) will be deemed residents of the United States returning from abroad within the meaning of “residents” as used in Chapter 98, Subchapter IV, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), in the absence of satisfactory evidence that they have established a home elsewhere. The residence of a minor child will be presumed to be the residence of the child’s parents.”

Meanwhile, the provision for nonresident states, “Status as nonresident. Any person arriving in the United States who is not a resident of the United States or who, though a resident of the United States, is not returning from abroad, will be treated for the purpose of these regulations as a nonresident.”

I could not find additional provision about residents but based on the language used, citizens and greencard (lawful permanent status) holders must be residents, and all the others must be nonresidents. Also, do not use the Substantial Presence Test as this is used for purposes of filing tax returns before the IRS (Internal Revenue Regulation).

In this case, the student is on F1 Visa which means she is a nonresident for this purpose. She met the first requirement.

The Item is a Personal Effect

This means that the item is a personal effect and not for commercial use. In this case, the student was using/wearing the Chanel bag, slung in her shoulder, which was a gift from her parents. The Chanel bag is definitely a personal effect, thus met the second requirement.

The Item is Intended and Appropriate for the Use and Purpose of that Travel

This must mean that the item is used for what it is intended for that travel. The Chanel bag is not just an ordinary bag. It is not just used to carry things when you go places. It is also a symbol of social status for middle class, perhaps it is used as a tool for social acceptance in a certain group. It could be said that this is a fashion statement and will make you feel beautiful and confident using it. In this case, the student is coming to the USA to study. She will not only be attending classes, but also social events. The Chanel bag is intended and appropriate for the use and purpose of the travel. Thus, meeting the third requirement.

Chanel Bag, Symbol of Social Status for Middle Class

The Customs officer might also look at the quantity and volume of bags of similar designs. If there are several bags of similar designs, or a number of bags of the same brand, all brand new, then depending on the totality of circumstances, the officer may decide that the bags are to showcase to a client, thus, not intended and appropriate for the use and purpose of that travel. Thus, cannot avail of the exemption. In this case, the student was carrying only one Chanel bag and could not be said to show the Chanel bag to a client.

The Item is Owned and In Possession of the NonResident at that Time

The exemption applies only to article which was actually owned by the nonresident and in her possession abroad at the time of, or prior to, her departure for the United States. (Application for Exemption, Section 148.42, Exemptions for Non-Residents, Title 19 Customs Duties of Electronic Code of Federal Regulations). In this case, the item was a gift from the student’s parents. She owned the Chanel bag, she was also in possession of the same, prior to her departure for United States. Unlike for returning residents which requires that they have owned the item for more than one year prior to returning to USA in order to claim exemption for personal effects, there is no one year requirement for nonresidents.(https://www.cbp.gov/travel/international-visitors/know-before-you-visit/customs-duty-information). Consequently, the fourth requirement is met.

The Item is for Personal Use

As long as the student does not use the Chanel bag for monetary gains or consideration, it is within the purview of personal use, thus meeting the fifth requirement.

The Item is Not for Sale

As long as the student does not sell the Chanel bag during her stay in the USA, the last sixth requirement is met.

The Item is not a Gift for Another Person.

The student said that the Chanel bag is a gift from her parents. It is not probable that she will be giving the bag away. As long as she does not gift the bag to another person, the last requirement is met.

Conclusion

Based on above-discussion, the student met all the requirements for exemption, albeit, she has to claim the Chanel bag as personal effect thus exempted. In this case, the student kept on saying that the Chanel bag was a gift from her parents to stave off the Customs Official but did not specify that it is covered by the exemption. As for the Customs Official, he has a duty to ascertain duties and taxes, if you do not claim personal exemption, he will tax you to the ground. If the student does know what to say, she could have prevented paying the $1000 US Dollars penalty.

Have a safe trip, everyone.

This is not legal advice. Seek a lawyer if you need to.

Bringing Your Gold Jewelry to The USA For Your Visit? Don’t Pay Taxes and Duties.

Bringing Gold Jewelry to the USA for Spring Visit? Do not pay taxes and duties. Do not Pay More than You need to.

Do you proactively declare and go to the Customs official and say I have with me gold jewelries that I am bringing inside the USA? The answer is in the negative. Do you proactively declare and go to the custom official and say I have with me worth more than $10,000 US Dollars worth of gold jewelry? Again, the answer is no. No, you do not.

If, however, the port of entry Customs Officer asked you if you are carrying gold jewelry, then you should answer in the affirmative, do not deny, nor be silent as a sphinx. You can make an oral declaration saying you are carrying your jewelries which are your personal effects. If you have gold jewelries worth less than $10,000 US Dollars and you did not prepare Manifest/Record, claim these jewelries as personal exemption. Read the detailed discussion here. https://journeyofanf2inusa.blog/2024/04/20/how-to-answer-custom-officials-if-you-are-carrying-gold-jewelries-to-the-usa-for-non-residents/

If you have gold jewelries worth more than $10,000 US Dollars, then you should have prepared a Manifest/Record with the specifics of each item, along with receipts, pictures, and or certifications. Read the full discussion here. https://journeyofanf2inusa.blog/2024/04/21/bring-more-than-10000-worth-of-gold-jewelries-to-the-usa-for-non-residents/

Do not Pay More Than You Need To

My Experience

Depending in your port of entry, some Customs Officer will ask you if you are carrying gold jewelries or has anything to declare. Based on my experience in LAX (Los Angeles International Airport), nobody asked me so. But then, I was carrying gold jewelries for my personal use and not worth than $10,000 US Dollars.

Custom Form 4455, Discretionary

Custom Form 4455 is just a Certificate of Registration. It is filled in duplicate, one for the Customs Record and one for you. This Form will register the gold jewelries you are carrying inside the USA. Once you are departing the USA, you can show the same Form to the Customs Officer.

When should you fill a Custom Form 4455 if you are carrying gold jewelries. The answer is it depends. It depends on the discretion of the Customs Officer. What is discretion? It simply means the good judgment of the attending Customs Official. The official may let you in without any hassle or may asked you to fill out Custom Form 4455, but then, you will not pay any taxes or duties because you are claiming these jewelries as personal effects. If the Customs Official calculated duties and taxes for the jewelries you are bringing in, answer confidently and state the provision under personal exemption. You can read the article here. https://journeyofanf2inusa.blog

See Custom Form 4455 here. https://www.cbp.gov/sites/default/files/assets/documents/2024-Jan/CBP%20Form%204455.pdf

Gold Jewelries Worth More than $10,000 US Dollars

Is it always the case that the Customs Official will ask you to fill Form 4455 if you are carrying gold jewelries worth more than $10,000.00 US Dollars? The answer is no, it is not always the case. The Code of Federal Regulations did not specify the amount, nor designate any threshold. The language of the code says “substantial value.” Thus,

“(b) When required to do so, the person claiming the status shall list all articles of substantial value which he is importing on Customs Form 4455, or its electronic equivalent in duplicate, noting thereon the expected duration of his visit. He shall present the completed form to the inspecting officer who will initial both copies and return the duplicate to him;” Section 148.8, paragraph b, Part 148, Chapter 1, title 19 of Code of Federal Regulations

Substantial Value

What is substantial value? For the middle-class traveler, $10,000 US Dollars is of substantial value, meanwhile for the wealthy upper class, $10,000 US Dollars may not be of substantial value. But then again, why are we using $10,000 US Dollars for our discussion if the Code of Federal Regulation did not quantify substantial value? The answer is because the $10,000 US Dollars threshold is customary. It is almost always the amount use that will trigger IRS (Internal Revenue Service) filing, or will alert FINCEN (Financial Crimes Enforcement Network), subject of course to exceptions. Thus, the Customs Official may use this customary amount and require the traveler to file Form 4455, but then again, the Customs Officer is not bound by the $10,000 US Dollars in applying discretion.

Gold Jewelries Worth Less than $10,000 US Dollars

Is it always the case that the Customs Official will NOT ask you to fill Form 4455 if you are carrying gold jewelries worth less than $10,000.00 US Dollars? The answer is no, it is not always the case. As discussed above, $10,000 US Dollars is just the customary threshold and not provided for by Code of Federal Regulation. Again, the Customs Officer has the discretion to ask you to fill the Form.

Failure to Declare, Fraud and Misrepresentation

There are articles saying that you have to declare this and that at the Customs otherwise you are liable for failure to declare, and/or fraud and misrepresentation, and your jewelries will be seized or you will pay a lump sum penalty, right away. Hands over mouths in horror. These articles will scare you to the earth. This is not the case.

Usually, the Customs Officer will give you a chance to declare. They will ask if you have something to declare. If you say no, they will usually repeat the question, are you sure? In this scenario, you should always tell the truth. Anyways, your gold jewelries are exempted from duties and taxes under personal exemption. In case, you panicked and out of anxiety you say you only have personal effects, nothing of substantial value, but then the Customs Official started looking at your luggage, you can still amend your declaration, and say you have additional item to declare, as long as the Customs Official have not yet found the item and the officer is satisfied that there was no fraudulent intent. (See Section 148.16 Title 19 of Code of Federal Regulations) Fraudulent intent is due for another post, but you get the picture.

Usually, the Customs Officer will Give You a Chance to Declare

Paradox of the Word “Declaration”

There is also the paradox of the word declare. The Code of Federal Regulations states that “All articles brought into the United States by any individual must be declared to a CBP officer at the port of first arrival in the United States…” But then, the Customs Official will ask do you have something to declare, which must be pertaining to articles subject to duties and taxes, or monetary instrument in excess of $10,000 US Dollars which will require some paperwork. It is better to construe the word declare to include personal effects, including your gold jewelries subject to personal exemption.

Conclusion

In any event, whether or not, you fill the Form 4455, the significance of this post is to remind and explain to you that you are exempt from paying duties and taxes if you claim the gold jewelries you are carrying inside the USA as personal exemption. You are not a babe in the woods, you have read this article, you know the rules and know what to say.

Have a safe trip, everyone.

This is not legal advice. Seek a lawyer if you need to.

Bring More than $10,000 Worth of Gold Jewelries to the USA For Non-Residents

Are you going to pay duties and taxes in excess of $10,000 US Dollars or in excess of $800 US Dollars? Do not let your Custom Officer fiddle with the Tariff Rules. Read ahead.

Are you attending a wedding in the USA? Perhaps you want to bring your tennis necklace with diamonds, or your $60,000 US Dollars ring for an event. Maybe, you want to bring your Maang Tika (head jewelry) worth more than $10,000 US Dollars. How do you go about Customs in the port of entry? Do you declare this by filing a FINCEN105 upon arrival? Are you going to pay duties and taxes in excess of $10,000 US Dollars or in excess of $800 US Dollars? Do not let your Custom Officer fiddle with the Tariff Rules. Read ahead.

Travel with Confidence

Solving the Puzzle

I wrote a post about bringing your gold jewelry to the USA for non residents if the value of your gold jewelry does not exceed $10,000 US Dollars. (Read https://wordpress.com/post/journeyofanf2inusa.blog/49 here).

I have read a lot of confusing discussion about carrying gold jewelry to the USA. Some were worried they cannot bring their engagement ring, gold jewelry to attend wedding or special events, or expensive jewelries just because they are used to wearing jewelries or liked them so much. Others came to conclusion that the threshold in order not to pay duties and taxes is that the gold jewelry must not exceed $800 US Dollars.

$800 US Dollars Threshold

This amount is the one you see here https://app.formspal.com/pdf-editor/cbp-form-6059b-11-2016?DocumentUID=81361736-341e-4cb0-b204-5f52e77f360b Customs Declaration Form under Important Information. “For Duty- CBP officers will determine duty. U.S. residents are normally entitled to a duty-free exemption of $800 on items accompanying them. Visitors (non-residents) are normally entitled to an exemption of $100. Duty will be assessed at the current rate on the first $1000 above the exemption.

From this provision, it appears that the $800 US Dollars threshold does not apply to non-residents. It is the $100 US Dollars threshold that applies to a nonresident. To what does the $100 US Dollars threshold applies? Perhaps to gold jewelry that you bought on a duty-free store at the port of origin. Nonetheless, the $100 US Dollars threshold does not apply to your gold jewelries discussed in this article. In any event, if you avail of this $100 US Dollar threshold, duty will be assessed at the current rate on the first $1,000 US Dollars.

Applicable Provision

This is the applicable provision of the exemption that we are availing- Section 148.42, Exemptions for Non-Residents, Title 19 Customs Duties of Electronic Code of Federal Regulations.

§ 148.42 Personal effects.

(a) Exemption. A nonresident arriving in the United States, regardless of age, is entitled under subheading 9804.00.20, and Chapter 98, U.S. Note 3, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), to entry free of duty and internal revenue tax for his wearing apparel, articles of personal adornment, toilet articles, and similar personal effects. “Similar personal effects” include all articles intended and appropriate for the personal use of the nonresident while traveling, such as hunting and fishing equipment, wheelchairs for invalids or crippled persons, pet and hunting dogs, and the like.

(b) Application of exemption. The exemption applies only to articles which were actually owned by the nonresident and in his possession abroad at the time of, or prior to, his departure for the United States. The articles must be appropriate for the personal use of the nonresident, and intended only for such use and not as a gift for another person nor for sale.

[T.D. 73–27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 89–1, 53 FR 51264, Dec. 21, 1988]

Requirements for the Exemption

-must be a nonresident

– the gold jewelries are personal effects

-the gold jewelries are intended and appropriate for the use and purpose of that travel

– the gold jewelries are owned and in possession of the non-resident at that time

-the gold jewelries are for personal use

-the gold jewelries are not for sale

-the gold jewelries are not gifts for another person.

-manifest/record of the gold jewelries

NonResident

The Provisions on Customs and Duties states, “Status as returning resident. Citizens of the United States, or persons who have formerly resided in the United States, (including American citizens who are residents of American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States) will be deemed residents of the United States returning from abroad within the meaning of “residents” as used in Chapter 98, Subchapter IV, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), in the absence of satisfactory evidence that they have established a home elsewhere. The residence of a minor child will be presumed to be the residence of the child’s parents.”

The Gold Jewelries Are Personal Effects

This means that the gold jewelries are personal effects and not for commercial use.

The Gold Jewelries are Intended and Appropriate for the Use and Purpose of that Travel

This must mean that the jewelries are used for what they are intended for that travel. The gold jewelries are adornment and it is appropriate to use for special occasion such as attending a wedding or special event. These can also be for everyday use to make one feel beautiful and confident during the stay in the USA.

The Custom officer might also look at the quantity and volume of jewelries of similar designs. If there are 10 necklaces of similar designs, or rings of similar designs with different sizes, then depending on the totality of circumstances, the officer may decide that the jewelries are to showcase to a client, thus, not intended and appropriate for the use and purpose of that travel. Thus, you cannot avail of the exemption.

There are reports of extremely expensive watches/gold jewelry being forfeited/seized/or subjected to penalties because the passenger/owner did not declare these items, or even if declared, was not intended and appropriate for use and purpose of that travel, such as being auctioned, sold, or displayed in an exhibit for commercial purpose.

The Gold Jewelries Are Owned and In Possession of the NonResident at that Time

The gold jewelries are owned and in possession of the nonresident at that time. This means not just owned but also in possession. Generally, possession means not only physical possession but also includes control. From the language of the Code, it means previously owned jewelries prior to departure to USA. As long as the nonresident owned and has control over the jewelries, this requirement is met.

The Gold Jewelries Are for Personal Use

This means that the jewelries can be used or borrowed by members of the family during the occasion. Generally, as long as there is no monetary consideration is involved for lending the jewelries for the occasion or event, this should fall within the purview of personal use.

The Gold Jewelries are Not for Sale

There is a specific provision for sale of gold jewelries but the important thing is that the gold jewelries are not for sale.

The Gold Jewelries Are Not Gifts for Another Person.

The gold jewelries are not gifts for another person. Some travelers will claim that what they are carrying are gifts. Indeed, there is a provision that you can claim exemption for some gifts. Nevertheless, if you are using this provision, DO NOT claim the gold jewelries as gifts.

Manifest/Record of the Gold Jewelries

This does not have a required format. You can format this as you please. Say the kind of jewelry, i.e., 18k White Gold Tennis necklace with Lab Grown Diamonds VS, worth, $22,000 US Dollars, Men’s Rolex Explorer, worth $8,540 US Dollars, 22K Yellow Gold Karn Phool (Ear Flower) with semi-precious stones, worth $14,000 US Dollars and so on. It is better if you have the original receipts and/or pictures of when you previously used the piece/s.

The purpose of Manifest/Record is in case the custom official asked you at the port of entry if you are carrying gold jewelry, then you can present the Manifest/Record and claim the exemption discussed in this post.

Do Not Proactively Declare and Go to the Customs

Do you proactively declare and go to the custom official and say I have with me worth more than $10,000 worth of gold jewelry? The answer is no. No, you do not. I will write a separate post about this and the applicable provision why you do not need to do so. If the port of entry Custom Officer asked you if you are carrying gold jewelry, then you should say in the affirmative, this is the time that you show your Manifest/Record as well as claim the exemption.

Depending in your port of entry, some custom officer will ask you if you are carrying gold jewelries. Based in my experience in LAX (Los Angeles International Airport), nobody asked me so.

No Need to Fill-out FinCen105 Form

You do not need to fill out a FinCen105 Form for your gold jewelry. What is FinCen by the way? It is Financial Crimes Enforcement Network. The Financial Crimes Enforcement Network is a bureau of the United States Department of the Treasury that collects and analyzes information about financial transactions in order to combat domestic and international money laundering, terrorist financing, and other financial crimes.(Wikipedia)

FinCen 105 Form is used for filing when carrying more than $10,000 in US Currency or Monetary instruments. To this effect, your gold jewelry is not US currency nor monetary instrument.

Hypothetical Question and Answer with Custom Officer at the Port of Entry

Q: Did you bring any gold jewelry with you?

A: Yes sir. (Answer truthfully) I have these gold jewelries in my luggage.

Q: Did the value of your jewelries exceed $1000 US dollars?

A: Yes, sir. The value of my gold jewelries exceed $1000 US Dollars. I am a non resident visiting the United States of America. These gold jewelries are my personal effects. I will be using these gold jewelries to the event (i.e., wedding, baptism, graduation, engagement, birthday) I am attending.

Q: Since the value of your gold jewelry being brought inside the USA exceeded $1000 US dollars, the excess shall be subject to duties and taxes. I will calculate the value of the gold or if you have receipt, please show me.

A: I beg to differ officer. My gold jewelries are exempted from duties and taxes by virtue of Section 148.42, Exemptions for Non-Residents, Title 19 Customs Duties of Electronic Code of Federal Regulations. It says there that a nonresident entering the USA, regardless of age, is entitled entry free of duty and internal revenue tax for his wearing apparel, articles of personal adornment, toilet articles and similar personal effects.

Similar personal effects include all articles intended and appropriate for the personal use of non-resident while traveling. In my case, I am a nonresident traveling to the USA to attend an event. These gold jewelries are my personal effects which I will use to attend an event. In conclusion, my gold jewelries are free of duty and internal revenue tax.

Q: How long have you owned these gold jewelries?

A: I understand that under the said provision of Customs and Duties, the exemption applies only to articles which were actually owned by the nonresident and in his possession abroad at the time of, or prior to, his departure for the United States. The articles must be appropriate for the personal use of the nonresident, and intended only for such use and not as a gift for another person nor for sale.

In my case, I have owned these gold jewelries for a long time or for years. I have the receipts with the dates on it. For some, I do not have the receipts but I have pictures to show that I have used it in previous occasions. For other pieces that there are no receipts and pictures used in previous occasion, I trust your judgment, officer, to determine that these gold jewelries have been with me for years prior to visiting here in USA. In any event, these jewelries are my personal properties under my possession, prior to coming here in USA. Also, these gold jewelries are not intended as gifts or for sale to another person.

Q: Why do you have so much gold jewelries if it is not sale or gifts?

A: The event that I am attending is a wedding. It is not a one-time event. There will be dinner rehearsals, getting to know the in-laws dinner, photoshoot brunch, and other get-together lunch. Perhaps, the female members of my family also want to wear my jewelries for the occasion. Besides, I am naturally fond of jewelries and I like wearing them even if it there is no special occasion. I feel beautiful and confident wearing them. I want a variety of look when we take pictures for the event. These can be achieved by wearing different jewelries.

Q: Did the total value of your personal effects exceed $10,000?

A: Yes, sir. The value of my personal effects exceed $10,000. Here is my Manifest/Record that I prepared along with the receipts.

Q: Welcome to the USA.

Note

The Custom official may require you to file a Custom Form 4455 and not allow you to pass right away. Read the article here. https://journeyofanf2inusa.blog/2024/04/23/bringing-your-gold-jewelry-to-the-usa-for-your-visit-dont-pay-taxes-and-duties/

I might make a different post for the residents (how much gold they can bring back to the USA) although this blog is for nonresidents. Please comment if you want me to write about this.

This is not legal advice. Please seek a lawyer if you need to.

How Many Gold Jewelries Can You Bring to the USA For Non-Residents

When I passed with what is supposed to be the Customs Area, there was no one there and no sign of what used to be the Customs Area, so I just went ahead to the exit gate.

When I first visited the United States of America (USA), I brought a few pairs of earrings with matching pendants and rings, gold bracelets, some pearls and gold chains. Even I was selected for secondary security screening selection, the Transportation Security Administration (TSA) did not ask me questions about my jewelries. When I passed Customs area in Los Angeles International Airport (LAX), nobody bothered me.

The second time, I visited USA, I brought with me several gold jewelries and a number of jade bracelets but all for personal use and have owned them for a longtime. When I passed with what is supposed to be the Customs Area, there was no one there and no sign of what used to be the Customs Area, so I just went ahead to the exit gate.

Vertigo to Spin Class

I have read a lot of discussion about carrying gold jewelry to the USA. The confusion the internet sows! Some were worried they cannot bring their engagement ring, gold jewelry to attend wedding or special events, or expensive jewelries just because they are used to wearing jewelries or liked them so much. Others came to conclusion that the threshold in order not to pay duties and tax is that the gold jewelry must not exceed $800 US Dollars. Some were complaining that the $800 US Dollars cap is not wearable for weddings because one mangal sutra (a simple kind of necklace) is more than $800 US Dollars. What about the earrings, bangles, rings, and the anklets.

Other websites tried to pacify the situation by saying you can bring as much as you want but you just have to declare if the value of the gold jewelry is over $10,000 US Dollars. They also mixed the provision about gold coins and bullions, and offered no explanation about the $800 US Dollars threshold. Adding vertigo to a spin class.

The $800 US Dollars Threshold

Applicable Provision

This is the applicable provision of the exemption that we are availing- Section 148.42, Exemptions for Non-Residents, Title 19 Customs Duties of Electronic Code of Federal Regulations.

§ 148.42 Personal effects.

[T.D. 73–27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 89–1, 53 FR 51264, Dec. 21, 1988]

Requirements for the Exemption

-must be a nonresident

– the gold jewelries are personal effects

-the gold jewelries are intended and appropriate for the use and purpose of that travel

– the gold jewelries are owned and in possession of the non-resident at that time

-the gold jewelries are for personal use

-the gold jewelries are not for sale

-the gold jewelries are not gifts for another person.

I added another requirement, the value of gold jewelries must not exceed $10,000 US Dollars.

NonResident

The Provisions on Customs and Duties states, “Status as returning resident. Citizens of the United States, or persons who have formerly resided in the United States, (including American citizens who are residents of American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States) will be deemed residents of the United States returning from abroad within the meaning of “residents” as used in Chapter 98, Subchapter IV, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), in the absence of satisfactory evidence that they have established a home elsewhere. The residence of a minor child will be presumed to be the residence of the child’s parents.”

The Gold Jewelries Are Personal Effects

This means that the gold jewelries are personal effects and not for commercial use.

The Gold Jewelries are Intended and Appropriate for the Use and Purpose of that Travel

The Gold Jewelries Are Owned and In Possession of the NonResident at that Time

The gold jewelries are owned and in possession of the nonresident at that time. This means not just owned but also in possession. Generally, possession means not only physical possession but also include control. As long as the nonresident owned and has control over the jewelries, this requirement is met. From the language of the Code, it means previously owned jewelries prior to departure to USA.

The Gold Jewelries Are for Personal Use

The Gold Jewelries are Not for Sale

There is a specific provision for sale of gold jewelries but the important thing is that the gold jewelries are not for sale.

The Gold Jewelries Are Not Gifts for Another Person.

Hypothetical Question and Answer with Custom Officer at the Port of Entry

Q: Did you bring any gold jewelry with you?

A: Yes sir. (Answer truthfully) I have these gold jewelries in my luggage.

Q: Did the value of your jewelries exceed $1000 US dollars?

Q: How long have you owned these gold jewelry?

Q: Why do you have so much gold jewelries if it is not sale or gifts?

A: The event that I am attending is a wedding. It is not a one-time event. There will be dinner rehearsals, getting to know the in-laws dinner, photoshoot brunch, and other get-together lunch. Perhaps, the female members of my family also want to wear my jewelries for the occasion. Besides, I am naturally fond of jewelries and I like wearing them even if it there is no special occasion. I feel beautiful and confident wearing them. I want a variety of look when we take pictures for the event, and. These can be achieved by wearing different jewelries.

Q: Did the total value of your personal effects exceed $10,000?

A: No sir, the total value of my personal effects that I am bringing inside the USA does not exceed $10,000.00

Q: Welcome to the USA.

Note

The Customs Officer may let the passenger in without filling Form 4455. See article about Custom Form 4455 here. https://journeyofanf2inusa.blog/2024/04/23/bringing-your-gold-jewelry-to-the-usa-for-your-visit-dont-pay-taxes-and-duties/

See Custom Form 4455 here. https://www.cbp.gov/sites/default/files/assets/documents/2024-Jan/CBP%20Form%204455.pdf

For those nonresidents bringing more than $10,000 US dollars worth of gold jewelry, I will make a separate post.

This is not legal advice. Please seek a lawyer if you need to.

Secondary Security Screening Selection (SSSS) of my flight from Manila Philippines to Los Angeles International Airport (LAX), United States of America

What is SSSS?

Secondary Security Screening Selection is a second screening of the passenger based on allegedly random tagging by the computer. The TSA (Transportation Security Administration) is obscure/uncertain on the SSSS selection process, and around airports and during the travel booking process. They made it this way to make the security measure unpredictable.

You know how you already went through the airport screening on your way to the boarding gate, you put your carry-on luggage on the moving metal detector, backscatter x-ray machines and you pass through a gate- this is the first security screening.

When do you know you are selected for SSSS?

You will know that you have been selected for SSSS once your boarding pass is generated. There it is in bold letters SSSS in the bottom right corner or far right corner of your boarding pass. You will not know in advance but there are possible ways to avoid this, as discussed below.

SSSS versus Secondary Inspection

SSSS is different from Secondary Inspection. From the name itself, SSSS is a four-word acronym while Secondary Inspection is two words only.

TSA was created in the aftermath of 9/11 to oversee security in all modes of transportation and completed federalization of security operations by the end of 2002. TSA became part of the Department of Homeland Security in March 2003, making up a quarter of the DHS workforce. (TSA Website https://www.tsa.gov) The purpose of SSSS is to ensure the security of the flight. SSSS is conducted by TSA Agents. A TSA agent is not law enforcement, they search bags for weapons and explosives.

Taiwan Taoyuan International Airport

Meanwhile Secondary Inspection, if necessary, is conducted after Primary Inspection. This is conducted by a CBP (Custom and Border Patrol) officer. A CBP officer is a law enforcer and enforce immigration laws at the port of entry. Primary Inspection is basically your interview with Immigration Officer at the booth upon arrival. If the officer, in his discretion, decided to go through secondary inspection, you will be brought to another area. Secondary inspection could include distinct questions about your immigration history and travel. There could also be inspection of carry-on luggage and checked-in luggage, a thorough physical search, social media search, or CBP Records search. It is entirely different from SSSS.

My Experience

I got tagged for SSSS. My husband and I flown EVA Air from Manila Philippines to Los Angeles, USA. We had a stop-over at Taiwan Taoyuan International Airport and lay over for two hours. We took our time walking and window shopping. We bought some delicacies in a nice packaging and finally headed to the boarding gate of our connecting flight to LAX. We were sitting in one of those heavyweight airport four-seater when the lady in the booth made an announcement calling those required to perform an SSSS. I had no idea what an SSSS was. I have been traveling all over Asia but did not encounter any of the same. There it was! In my Boarding Pass, SSSS.

We were given another boarding pass for the trip from Taiwan Taoyuan International Airport to LAX. In my boarding pass from Manila Philippines to Taipei, Taiwan, I was not subjected to any additional search or SSSS.

The lady calling those subjected to SSSS was almost apologetic in the announcement. I was a bit worried and annoyed but my husband comforted me. We had two small luggage carry-ons, my backpack, and my tote bag. I left the two small luggage carry-ons with my husband, so I only brought my backpack and my tote bag for the SSSS. My husband was not subjected to SSSS so he waited at the area. I decided not to bring my carry-on luggage because our things were mixed together, some items were my husband’s. Besides, the bulk of my cash and valuables like jewelry were in there.

There were about 20 or 25 of us who were called. The lady repeatedly said that SSSS is random and not pre-selected. We fell in line. Some passengers were struggling with their luggage. We were directed to a different room. Inside the room, there was an enclosed curtained area where the search is conducted. The inspectors in Taoyuan were TSA officers of the United States of America, and not from Taoyuan, Taiwan. They were polite and methodical. There was one directing the crowd outside the curtained area and two officers were inside the enclosed curtained area conducting the search. The first officer inside the curtained area was in charge of inspecting the person/passenger while the other one focused on inspecting the luggage and carried items. They both wear gloves.

When it was my turn, I put on my most neutral expression, alternating between a frown and a nod. I have a natural shaky voice even in my regular conversation, regardless of my emotion, happy, sad, scared, bored, so I often practiced to make my voice deeper and do not sound younger than my age.

I was politely asked to put down my backpack and tote bag on the table provided. One officer thoroughly searched my backpack and tote bag. My backpack contained a sweatshirt, shirt, and sandals, while my tote bag has make-up, toiletries, jewelries, a bit of cash in US dollars, travel documents, and my cellphone. He searched the pockets and stitching of my tote bag but did not bother to check the stitching of my backpack.

I was asked to spread my arms and feet, the officer gently pat the outer corners of my clothing. This did not make me uncomfortable even if the officer was of opposite sex. He also had a metal detector wand wave which he ran through my torso, arms and feet. Although I think they had a female officer available if they have to conduct a more thorough search inside the clothing of a female passenger. I was also asked to remove my shoes and socks.

The officer in charge of my luggage inspection asked me to unlock my cellphone, then he placed/attached my cellphone in what looked like a scanner. My cellphone (iphone) was scanned for about two minutes, the scanning was rapid like a spellcheck in your MS Word or AI spellcheck. Perhaps, the system was looking for some keywords in my messages, notes, emails, social media account, files, pictures. At that time, I closed my social media accounts, has limited conversations in my messages, a bit of messages in my Wechat, Whatsapp, and Viber. I also double checked my email messages, I was bombarded with spams and had to clean and unsubscribe before the trip. I had my weekly grocery list in my notes, a list of cases I was working on, list of jurisprudence. The scanner cannot be bothered with the mundane routine of a housewife like grocery and to cook list. I also had to erase my reading list with the likes of Ayn Rand’s Atlas Shrugged, Salman Rushdie’s Satanic Verses, Margaret Atwoods’ Blind Assasin (my favorite), and even Cory Doctorow’s Down and Out in the Magic Kingdom. These are a bit controversial with magic realism themes and something you do not discuss with your average teenager as these can easily influence them.

My SSSS lasted for about five minutes. The officers thanked me for my cooperation. I happily returned to my husband and was allowed to board the connecting flight.

Is it Really Random?

Why was I tagged for SSSS?

Based on my research, I might have been selected for SSSS because I bought our tickets a week before our intended travel. This was not intended. We planned our trip four months before but I was waiting and looking for cheaper fares and I have not realized, I had a week left. Besides, I never heard of SSSS before this travel.

Is it Really Random?

The internet says SSSS might be random but there are precursors. Based on information I collected, here it is. First, book your flight within three weeks or even months before the intended flight. This will show that the flight is planned and not on a whim. Second, book a return ticket, a one-way ticket somehow evoked suspicion or uncertainty in your travel pattern/ sequence. Third, use your own credit card/debit card if you can. Fourth, a pattern of travel from one country to another, or avoid traveling to certain countries.

In any event, if you cannot avoid it, let me say it is not that bad. “Attitude is a little thing that makes a big difference.” Have a safe trip.

How We got Approved in our Change of Status Application to F1 and F2 which has been Reconsidered (Request for Evidence), Three Times, Postponed, Delayed, and Denied Twice

To anyone, who is undergoing Change of Status application, please do not be discouraged. The agony of waiting is a virtue and someday, this pain becomes an anecdote in the annex of your memory.

The title really reads like it is, our application has been a mishmash, hodgepodge, a ragbag, a patchwork, but it pushed through, triumphantly. Our Change of Status Application lasted for more than two years. Both of our lawyer and my husband’s college administrator commented that this was record breaking and an uphill struggle.

To anyone, who is undergoing Change of Status application, please do not be discouraged. The agony of waiting is a virtue and someday, this pain becomes an anecdote in the annex of your memory.

Context

Orange, Lemon, and Grapefruit

I want to discuss these three categories with examples because when I was new at this, I had to look and research thoroughly and figure it out myself. During our application for Change of Status, I kept on saying ‘Adjustment of Status’ and our lawyer kept on correcting me, it is Change of Status.

Change of Status v. Extension of Status v. Adjustment of Status, consider the fruits orange, lemon and grapefruit. All of them are citrus fruits but varies in appearance and definitely differs in intensity of sourness.

Change of status is when you want to change from a non-immigrant status to another non-immigrant status. Non-immigrant status pertains to foreign individuals that have intent to leave the USA when they have finished their activity. These activities could be work, study, medical treatment or tourism. Examples of non-immigrant status are B1, B2, F1, and F2, not inclusive (meaning there are other examples). B1 pertains to those who have a purpose relating to temporary business, B2 is for tourism, F1 is for a student and F2 is the student’s spouse. The USCIS (U.S. Citizenship and Immigration Services) Form used to file this is called I-539. It cost $370 for each applicant as we speak. As of October 1, 2023, USCIS has exempted the biometric services fee for all Form I-539 applicants. You can check the fee here. https://www.uscis.gov/i-539

When you come in the USA using your B1/B2 visa (you need a visa if your country is not listed in the Visa Waiver Program), the officer at the immigration booth will ascertain your purpose whether to grant you a B1 or B2 Status. Let us say, your purpose is tourism, then you will be granted a B2 Status. The status granted is stamped in your passport, but nowadays, it is indicated in your I-94, (electronic document) under class of admission. See link to check your I-94. https://i94.cbp.dhs.gov/I94/#/history-search . After being admitted as B2, and let us say, you changed the intention of your stay from touring to studying, then you can file an Application for Change of Status before the USCIS within the time provided. In fact, USCIS recommends that you apply as soon as you determine that you need to change to a different nonimmigrant classification.

Looking back, the rule was more stringent during our application for Change of Status (2020), there was a rule that persons admitted as B2 cannot change status until after past three months, otherwise there was a presumption of fraudulent intention. What is the fraudulent intention? Maybe you apply for a B2 Visa but your intention is to study, you should have applied for a student visa, thus your application filed inside that three-month period is denied. Nonetheless, if you apply after three months and one day, then the presumption is not applied. This was a difficult time with more stringent rules.

Meanwhile, Extension of Status is like what it says, you remain in that status but you would like to stay more than the length of time granted in your I-94. Usually, it is persons under B1 and B2 status who apply for extension of status. Let us say, you enter the USA with your B1/B2 visa and you were granted entry as a B2. The six-month stay is about to lapse and you need more time to stay, then you apply for extension of status. The USCIS Form used to file is the same for the application for Change of Status, this is called I-539. It cost $370 for each applicant as we speak. Similar to Change of Status, as of October 1, 2023, USCIS has exempted the biometric services fee for all Form I-539 applicants. You can check the fee here. https://www.uscis.gov/i-539

Adjustment of Status is an application that certain foreign nationals present in the United States can use to apply for an immigrant status/permanent resident status/green card (all the same but were called various moniker). This is the real deal.

Program Date

The length of stay usually granted to a B2 is six months, that means, you can file your application for Change of Status anytime inside that six months, and before the intended start date of your program date. Program date is the definite duration of your study as indicated in the College Program/Course. You have to consider the start of your program date.

For example, you already selected a course or program and you are already admitted (not enrolled), and the start of your program date is April 4, 2024, and the end of your six-month stay is on April 6, 2024, you have to file your application for Change of Status before April 4, 2024 and not before April 6, 2024.

Similarly, if the start of your program date is January 4, 2024, and the end of your six-month stay is on February 6, 2024, you have to file your application for Change of Status before January 4, 2024 and not before February 6, 2024.

This does not mean that you will really start your class on the date of January 4, 2024 nor April 4, 2024. This is just the intended date, and by the time your application for Change of Status has been approved, many months must have already passed. This is why it is important to update your SEVIS (Student and Exchange Visitor Program) regularly (will be discussed in Part 2 of this article).

Bridge-the-Gap, Beef in the Road

This was like the beef who cut you in the road. It does not have to happen, you do not want it there, it was not there before, but it was there at that moment. Thus, you have to deal with it. To recall, sometime in 2020, when we filed our application for Change of Status, there existed a rule called Bridge the Gap. It means F-1 change of status applicants were required to file for Extension of Status while their original application to Change Status is pending. Due to this, we had to file for Extension of Status every six months despite our pending Change of Status application. We also needed to pay additional fee for biometrics. What and how is biometrics done? My husband and I had to go to a USCIS facility to have our headshots and fingerprints taken, not once, but every six months. We had to pay for two fees of Extension of Status and Biometrics Fee for each of us, every six months.

Bridge the Gap is an intricate rule slipped into the system. It was also confusing because the USCIS Form used to file for Change of Status is the same as Extension of Status, the I-539. The actual form says Application to Extend/Change Non-Immigrant Status. See Form https://www.uscis.gov/sites/default/files/document/forms/i-539.pdf Our lawyer said she knew a plenty who were oblivious/confused of this rule and filed a lone Change of Status without Extension of Status, thus denied. I do not know what happened to those who were denied Change of Status because of this. Perhaps, I will write about this in time.

Fortunately, as of July 20, 2021, USCIS has eliminated this requirement. F-1 change of status applicants are no longer required to file for Extension of Status while their original application is pending. This rule is already moot, nonetheless, the reason I mention this is awareness and possible revival.

Do Not Go to Tijuana

Sidenote, I read somewhere that some people were able to secure an F1/F2 visa in Mexico or in Canada, neighboring countries of USA. I specifically emailed one of the people who commented in the thread I was following, but my gut feel was telling me it wasn’t right, suspicious bunch. I read successful stories of people renewing their visa like H1B or F1 and F2 in Tijuana, Mexico. These may be true, but we were not renewing our visa but will be obtaining a new visa. The pros cannot outweigh the cons.

If you have ever consider doing this yourself, the cons could be your visa is not granted and you are left stuck in Tijuana. There is also the probability that the USA Consulate Officer in Tijuana will cancel whatever existing USA visa in your passport. Then, technically, your intent has already changed manifest by your application for F1 and F2 visa in Tijuana, then you cannot enter back to USA using your B1 or B2 visa anymore.

Again, my fellows, my advice is do not go to Tijuana.

The Process

Basically, my husband and I were caught unprepared in the grand scheme of events. We cannot (would not/does not) want to go back to our country in the midst of people suddenly dying in the streets. Everyone knows the story of the pandemic circa 2019.

Thus, we consulted a friend who referred us to a college administrator who is a friend of a friend. The college administrator referred us to a lawyer.

Prior to these, I called two more lawyers, they were not encouraging but rather bland and conclusive. I decided I do not want to deal with them. They were incapable of affording relief to our situation. There must be someone who understands.

Eventually, we found a lawyer and signed an agreement. The lawyer was considerate enough not ask for full payment. We were given the option to make a down payment and staggered succeeding amounts. In the year 2020, we paid $2000 for the lawyer’s services, (do not expect the same amount today after the surge of inflation and money printing in 2021) This is excluding the application fees paid to the USCIS. At that time, as discussed above, there exist a bridge-the-gap rule which means we also have to file Extension of Status and process the biometrics.

At the time of filing for Application of Change of Status, we were still waiting for the sale of our assets in our country. We did not have sufficient funds to include in our application. At that time, we needed to have $22,000 (for the two of us) in our bank account or someone who can sponsor us. The sponsor has to show bank accounts, tax returns for three years, pay slips and proof of other assets, or so what our lawyer wanted. I could not/ did not ask my parents for help. It was the height of the pandemic, I understand the law of self-preservation, nobody wanted to help us. Nonetheless, we decided to file the application anyways so we will not be out of status.

Lightbulb Moment

Even if you do not have sufficient funds nor a sponsor, you can still file the application for Change of Status to F1 and F2 for your spouse. Naturally, the application will be RFE’d (Request for Evidence)/denied with the decision of RFE’d/denial rendered after six months, more or less. Usually, USCIS do not render decision of Denial outright, but issue RFE instead. Within that six-month period, more or less, your situation may have changed. Perhaps, you are able to come up with the amount. You can file for reconsideration/answer the RFE and show your capability to cover the expenses for that F1 and F2 Change of Status application. Filing with anticipation of denial versus not filing at all are of drastic contrast, and makes all the difference.

Request for Evidence and Rug-pull

After the six-month period, we received an RFE from USCIS to show our financial capacity to support ourselves. RFE is just a request for more documentation. One of my husband’s friends offered to help us and will serve as our sponsor. The friend made the offer five months prior to receiving the RFE, so my husband and I were both relieved just in case. We did not ask the friend for help but we took the promise like fish to water.

When the RFE came, the friend announced his unavailability to help us. The things one learned. We can only bemoan. We only blamed ourselves for this takeaway lesson.

During this time, we almost have the needed amount, but a few thousand dollars short. I finally contacted my parents in my country to sponsor us. We eventually came up with the money. Then, our lawyer sent back the reply to the RFE to USCIS.

Delayed and Postponed

After submitting our Response to RFE, we waited far too long that we wrote a letter to our congressman. We waited for more than the allotted time. You can search for your state senator on the United States Senate website, or search for your congressional representative by entering your zip code on the United States House of Representatives website. In the letter, we provided the reason why we are writing, Receipt Number, Names, and summarize our timeline. You can also add other information but please write straight to the point, be polite, and no rants. Aside from this, we also suggested to our lawyer that she writes a letter to our congressman on our behalf. There were two letters sent.

Note: please use own discretion in writing to your senator or congressman because our then-lawyer speculated that the reason we were denied twice was because we wrote to our congressman twice and maybe the officer on the other end was reprimanded and so we were given a hard time. Again, this is just speculation.

First Denial

You know how it is that sometimes you forget the basic. Our first denial was because SEVIS RECORDS CANCELED. We were denied because my husband was not able to update his SEVIS. We did not know it has to be updated every three months or depending on the start of the Program. After receiving the denial, our lawyer filed an I-290B (Motion to Reopen and Reconsider). The basis of the Motion is incorrect application of law, specifically USCIS Policy Alert dated June 9, 2021. It means there should be issuance of RFE first when additional evidence could demonstrate eligibility for an immigration benefit. Also, it has been a USCIS long standing policy of issuing RFE when SEVIS has been cancelled due to lapse of program start date as a result of Service delay in adjudication. Basically, there should be an RFE first before directly handing us a denial.

Our lawyer asked $1000 for additional fee for the Motion.

What is SEVIS?

SEVIS is a web-based information system that tracks and monitors F, M, and J nonimmigrants and dependents throughout the duration of approved participation within the U.S. education system or designated exchange visitor program. SEVIS maintains records on these nonimmigrants and receives updated information from schools and sponsors, such as changes of domestic address and in program study. SEVIS also maintains information on the schools, exchange visitor program sponsors, and their representatives (i.e., designated school officials, responsible officers, and alternate responsible officers). https://www.ice.gov/sevis/overview. At this time, only the DSO has access to the portal.

Request for Evidence

After we filed our Motion to Reopen and Reconsider, the USCIS issued an RFE. The letter says “Review of your Student and Exchange Visitor Information System (SEVIS) indicates your status as CANCELED… As such please contact your DSO to follow up on this and to request SEVP for a data fix to reset the record status to “Initial.” We complied and submitted the response to RFE.

Second Denial, Sugar is not a Vegetable

We thought, we already passed the hurdle. We were surprised to see another denial on an entirely different basis. This was unexpected. Yes, sugar is not a vegetable. It is a rock, therefore not part of the sea. USCIS did not request evidence about full course of study, nonetheless, handed outright a denial.

The second denial is based on Not Seeking a Full Course of Study. The reason is that the USCIS requested among other documentation, details on program of study, including which classes will be entirely on campus, online and hybrid, including what percentage of instruction will be on campus and online. We previously stated that the college does not offer online, distance learning, or hybrid course. However, due to the current situation with COVID-19, currently providing online instructions.

Our lawyer charged $1500 for additional fee for the Motion.

Request for Evidence

After we filed our Notice of Appeal or Motion, it was granted and the USCIS issued an RFE. In the response to RFE, we specifically stated which subjects are in-person and online. In addition, we also sent an updated brochure of the program.

Approved

Approval

After 20 days from submission, we received our Notice of Approval. We were grateful. We celebrated our victory.

Pages of Questions and Answers that I Prepared for Immigration Booth in LAX, USA

Me: I am here to visit my husband and go shopping.

Officer: You mean you are coming to America to live with your husband?!

Me: No! No! I am only here to visit him. He is a student here.

As I made this my pursuit to write how I prepared for the questions and answers in Immigration Booth in Los Angeles International Airport (LAX), United States of America (USA), here it is：

Context

For context, I was in the USA for three and half years, I came in as a tourist (B2). While in the USA, my husband changed his status to Student (F1), and as his spouse, I was included in his application as F2. We were trapped during the pandemic and had to change status, which I will write in another post.

I stayed for three and half years in the USA so I was thinking that the immigration officer in the booth will have a lot of questions to ask. My friend who visited Florida the second time via LAX told me the immigration officer asked her a lot of questions like what did she do during her months of stay in Florida. I supposed that my officer will ask me the same.

I can only imagine what will my officer see in his computer screen once he scanned my passport. Will he see all the details of my application before the United States Citizenship and Immigration Services (USCIS)? Will he see my prior application to extend stay in USA? Will he identify my application for change of status? Will he notice that my application for change of status before had been postponed, delayed and denied twice during pandemic times? (yes, you read it right, denied twice, maybe I will write about this too.) My husband has a childhood friend who works as CBP Officer (United States Customs and Border Protection) at LAX although he roams around the airport and not stationed at the immigration booth. I could have asked him what the computer screen at the booth entails but that would have been awkward, besides, he is not in decent terms with my husband anymore. The reason I want to know is the extent of how detailed should I prepare and what paperwork should I print whether or not I need to print everything sent to me by the USCIS.

CBP is a Policeman, USCIS is a Judge.

I began speculating. CBP and USCIS are both departments of United States of America Homeland Security but they are different departments, thus, it would be too burdensome if their records are mixed. CBP enforces immigration laws at and between the ports of entry, while USCIS adjudicates applications and petitions for immigration and naturalization benefits. Think of it this way, CBP is a constabulary or a policeman, while USCIS is a magistrate or a judge. CBP enforces, imposes or carry out the immigration laws of the land while USCIS adjudges, adjudicates or determines applications and petitions for immigration and naturalization benefits. If you analyze this, does the policeman have access of records of a judge, vis-à-vis? The answer is in the negative, but they can access each other’s records through a system.

I think CBP has records of what they need to decide whether to grant entry or not, like what can be found in I-94 which is the travel history and the circumstance in the passport, like name, address, age, the works, as well as the particulars of the US visa. From these specifics, the officer in the booth will base his questions.

Meanwhile, USCIS has records of what you submitted to them. Notice that you will need to submit your I-94 to the USCIS if you apply for an application/petition. Does it mean USCIS does not have copy of your I-94? I think both departments can have access of each other’s records if they need to but not instantaneous. Thus, it is better to err in the side of caution and come overprepared.

Actual Interview

These are the actual questions asked during my interview in the Immigration Booth at LAX. I copied these from my previous post:

Me: Good evening officer.

Officer: Good evening! What is your purpose for coming here?

Me: I am here to visit my husband and go shopping.

Officer: You mean you are coming to America to live with your husband?!

Me: No! No! I am only here to visit him. He is a student here.

Officer: Oh. Where is he studying?

Me: ABC College in Los Angeles.

Officer: Where is it?

Me: (Stated the Complete Address)

Officer: How long are you staying?

Me: (Stated the number of weeks)

Officer: Do you have a return ticket?

Me: Yes I have, officer. (Gingerly selected my return ticket among the paperwork I prepared)

Officer: (Looks at the ticket quickly and gave it back to me) Okay, where are you staying?

Me: (Stated the complete address confidently without flinching)

Officer: (Type down the address in his computer). Okay, you may go. (Gave back to me my passport).

Me: Thank you, officer.

Additional Possible Questions and How I would Answer:

1. What is the purpose of your visit?

A：“The purpose of my visit is to see my husband.”

Note：I want to add a lot of things like “I have not seen my husband for a year, so I want to see him,” but I saw some guy on youtube saying be precise in your answer and do not horse around and invite more questions. So, I just said I came here to visit my husband and go shopping. Stereotype women want to go shopping and it is natural to want to see your husband.

2. How long are you going to stay?

A: “ I stated how many weeks I will be staying.“

Note：This is a quantifiable question and can be answered with numbers. Be sure to prepare a number and not words like “I am uncertain.” Meanwhile, if you will be staying for months, be prepared to answer about financial ability, memorize how much you have in the bank or if someone will be paying for your stay.

3. Do you have a return ticket?

A: “I have.“

Note：It is always safe and cheaper to travel with return ticket.

4. Have you been here in the USA before? What did you do?

A: “To answer your question, last time my husband and I came here to visit our friends, explore the place, and basically have fun. Most of my husband’s childhood friends are here in the USA. At that time, we went to a lot of celebration of birthday of their kids, the blessing of a newly acquired house, the christening of a child in which my husband became one of the godfathers of the child. One of our friends, he is also a CBP officer here in LAX showed us around. (For emphasis) We went to numerous birthday celebrations.

We visited a number of beaches, to name, Venice Beach, Santa Monica Beach, Laguna Beach and Malibu Beach.

We dined at Cheesecake Factory, Fleming’s, Porto, Erewhon, and at a Chinese restaurant at Chinatown where Manny Pacquiao often stayed.

We went to several parks. We went to Pan Pacific where my husband played with Manny Pacquiao’s kids (not planned, they just happen to be there, Manny Pacquiao does not know us personally).

We went to watch basketball at Staples Center Sports Arena. We went several times at Anaheim to watch Shohei Ohtani play baseball, he was still with Angels then. Of course, we went to Disneyland there.

We went to see Urban Light at Night, ate at Pink Hotdog, and drove around Beverly Hills.

We went to watch Performance arts at downtown bars. We went to visit museums, the Los Angeles Contemporary Art. We also visited libraries like the Los Angeles Public Library and Glendale Library.

We went a number of times to AMC Gardens to watch movies at Rancho Cucamonga.

We visited several malls, The Grove, Americana, The Citadel, and Glendale Galleria.

We also went to Hollywood All Star Signs, Madame Tussauds Los Angeles, Hollywood Sign, Getty Images and Griffith Observatory. We also went to Crystal Spring Drive to hike.

We attended several concerts at Orpheum. We also went to Hollywood Palladium to attend a Bad Religion Concert.“

Note: We did not go to these places chronologically but I arranged them for me to easier to memorize with mnemonics. Notice that I mentioned a lot of details and names of the places, this is for emphasis that I am familiar with these places. I prepared these in case my officer wanted the details.

5. What happened then?

A: “After having a lot of fun under the sun, Covid 19 hit and we were scared. We consulted a lawyer and was advised to get an extension of our stay and/or change of status to F1 and F2. The situation was uncertain so we chose to change our status. It took some time to get approved because of the pandemic, there was delay and halt in the processing at the USCIS. We cannot go home because there was a shutdown of airline operations. When the vaccine became available, we were hesitant to get it but eventually did. We were horrified to go home because of the uncertainty and the number of fatalities. Many of our acquaintances passed away because of the pandemic.

Nonetheless, we tried to become productive people within the confines allowed by the law. I supported my husband in his lone baseball practice. I read finance books, enhance my cooking skill and flower-growing skill, gossip with friends and family online, did some meditation and yoga. We tried to lead healthy lifestyle to become better people in uncertain times.

Note: I know I said do not offer information when not asked in my previous post, but I prepared this answer just in case my officer is more probing and investigative, and in case I need to go to second interview. I took into consideration every sentence here. Notice in the first paragraph that I emphasized the gravity of the situation- Covid 19 times. Then, in the second paragraph, I made it light, stating that we are law abiding people and that we are able to cope up in difficult times. Productive people within the confines allowed by the law means not working for a compensation, not enrolling in classes subject to exceptions, not participating in activities not allowed by law, nonetheless, we thrive in undertaking such as baseball, cooking (pertains to food alone), and flower-growing (not the dubious kind).

6. How are you able to afford staying here without working?

A: “We were already in our 30’s. My husband and I both practiced a profession in the Philippines. We were already working for a number of years prior to coming here in USA. We do not have kids. We do not have loans, no student loans. (Student loan is not popular in my country, but I mentioned it because it is a thing here in the USA). We do not have mortgage as our place had already been paid by my parents. We were not obliged to support anybody financially. As a result, we were able to accumulate assets and some savings. It also helped that we are reasonably frugal people. During our stay here, we sold both of our cars, we spent the proceeds for our living expenses. My parents own businesses and sent me some money to help me and my husband. Likewise, we were forced to resign from our jobs in our country because we decided to change status to F1 and F2. We also both received our separation pay which are relatively substantial to our lifestyle. We used it to spend here in USA.”

Note: I understand that this could easily be the most important question and if ever your officer asked you this, you can follow the above-mentioned format, depending on your situation. If you say you worked for a compensation even one time, let’s say clean the house of your landlord for a month’s rent, then this already constitute a violation, and will not be allowed entry. I am not saying you should be dishonest; I am just plainly stating a fact here. Now, to proceed, first, state that you are somehow financially stable, more or less. State your profession or business for a number of years. Highlight that you have no existing loans and no financial obligation, if this is your case. Notice the phrase “relatively substantial to our lifestyle,” (in the second to the last sentence of above paragraph) – this is your saving grace. It means what may be substantial to me may not be substantial to you depending on the total cost of my standard of living. Let us say you need to pay for health insurance, comprehensive car insurance, rental insurance, life insurance, term insurance, shops at Whole foods and Nordstrom and you rent in a pricey neighborhood versus myself which only has to pay for minimum liability car insurance, shops at Kroger’s and Ross, goes to the park to entertain myself and exercise to keep myself healthy- a little for me goes a long way.

There are also other sources of income aside from a job. This is called passive income. Investopedia defined passive income as earnings from a rental property, limited partnership, or other enterprise in which a person is not actively involved. Passive means inactivity, you eat, wake up and sleep and you still earn income. Passive income may be derived from dividends in your stocks, appreciation of value of your stocks (when sold), appreciation of value of your bitcoin or other cryptocurrency (when sold), interest earned from bonds (when matured), interest earned from CD’s (Certificate of Deposit-when matured). (By the way, a dividend is a distribution of earnings, often quarterly, by a company to its shareholders in the form of cash or stock reinvestment- again, from Investopedia) There is no working for compensation involved, hence no immigration law violated. Meanwhile trading stocks and cryptocurrency everyday must constitute working because you do this in a daily basis for a living. (I have not found the applicable law and cases yet but I might do research of this in the future).

Similarly, if you sold your old stuff or items which you do not need, this is allowed, provided you are not doing this on a daily basis or for a living. Another example, if you bought a car and there is sudden appreciation of value of second-hand car and you decided to sell this, this too is allowed, again, provided you are not doing this for a living. Another example I can think of is winnings in games of chance like slot machine and card games. You do not go to a casino to work, but to entertain yourself with hopes of bringing home winnings. To hope and to speculate is a state of mind, it is not a job. Consequently, it is allowed by law.

In anticipation, some of you may ask if you need to bring your tax return to show all these passive incomes generated during your stay in the USA to your officer. I think it is safe to carry with you some semblance of paper trail like previous bank statements/receipts/proof of transaction or ownership. As discussed above, CBP enforces immigration laws at and between the ports of entry. They are the police of immigration laws between the ports of entry. They are not the police of taxation laws nor enforces the same, this duty goes to IRS (Internal Revenue Service). CBP officers must have decent knowledge of taxation law but are not trained nor dutybound to scrutinize your tax return. Besides, this is complicated depending on your length of stay in the USA within the calendar year.

7. Do you have sufficient connection in your country?

A: “I have no intent to stay. I have sufficient connection in my country. All of my friends and family are there. I have a profession there. I have assets, chattels and shares of real property. I also help oversee the businesses of my parents. My stay is temporary in nature, I know my place.”

Aside from establishing the purpose of visit, financial capacity, your officer might become overly enthusiastic and ask you to demonstrate sufficient connection in your country. You can overcome your officer’s enthusiasm by stating your family and friends are in there, appealing to human nature side of things. Illustrate the importance of your profession to you, say you are an accountant, a dentist, a manager, a government employee, a medical professional, an influencer, a farmer, (a farmer in the USA is highly regarded), owns a business, a marketing specialist- and that you have been working as such for a long time. You are someone who contribute in your community. If you have assets in your country, you can say so, like stocks in your brokerage account, mutual funds, bonds, CDs, Bitcoin, cryptocurrency, gold, silver, jewelry, cash, land, house and lot, agricultural land, farm, aquaculture farm, owns cattle/carabao-water buffalo (these are considered as chattels as they need to be registered), vehicles, and other assets unquestionable in kind.

Make notes, Practice, Internalize.

Conclusion

Make notes, practice, internalize. Wear something nice relevant to your visit/travel, wear a jewelry or trinket or two, be presentable in appearance, speak clearly, be confident.

To all my fellows, remember, everything is going to be okay.

For my next post, I might write about how we prevailed about our twice-denied application for Change of Status to F1 and F2, or how to apply for Change of Status in your own.

_{This is not legal advice. Do your own due diligence. Seek a lawyer if you need to.}

Going through Immigration Booth in LAX, USA

In January 2023, I decided to go back to the Philippines to take care of family matters. This was against the advice of our lawyer. She said I already lost my tourist (B2 Status) because I already changed my status to F2. According to her, I also already lost my B2 visa because I transitioned to F2 Status, or so that was how I understood her explanation. I threw all caution to the wind and decided to proceed with my travel anyway.

I wanted to share my experience going through Immigration Booth in Los Angeles International Airport (LAX), United States of America (USA). I am going to be very detailed as much as I can. This is to help fellow travelers and those who were in the same situation as I was.

Context

For context, I was in the USA for three and half years, I came in as a tourist (B2). While in the USA, my husband changed his status to Student (F1), and as his spouse, I was included in his application as an F2. We were trapped during the pandemic and had to change status, which I will write in another post. Being under F2 status, not F2 visa, I cannot go back to the Philippines when I needed to.

Visa and Status are Different Animals

Visa and Status are two different animals. Visa is a kangaroo and Status is a lion, both are four-legged mammals but entirely different in many aspects. Visa is issued by Embassy or Consulate Office of United States of America located in your home country or any other country outside of USA. An Embassy or Consulate Office is always located outside the USA. USA does not have an Embassy or Consulate Office inside the American Soil. It is issued outside the United States. It is stamped in your passport. In the Philippines, the B1/B2 visa is usually granted for 10 years. It means you can travel back and forth to the USA using the B1/B2 visa within that span of 10 years. It does not mean you can stay in the USA for 10 years though. Think of Visa as a ticket with multiple entry, it is only use to get inside the USA.

Meanwhile, Status is determined once granted entry to USA. Status is usually determined by I-94. An I-94 describes your status once inside the USA and also defines the length of stay permitted. An I-94 used to be a piece of paper but now, it is an electronic document which can be accessed in this website. https://i94.cbp.dhs.gov/I94/#/history-search During the application for change of status, the application is filed before the United States Citizenship and Immigration Services (USCIS). Change of Status is processed inside the USA. This is the reason why you only have a status when you are inside the USA. When you are outside the USA, you do not have a status. Status determines the legality of stay in the USA, that is why when people say out-of-status, it pertains to the legality of the person staying inside the USA.

B1/B2 Visa Still Valid

After about a year, in February 2024, I decided to come back to USA to visit my husband, using my old B1/B2 visa that I used before. Prior to traveling , I consulted another lawyer and was told that I have a risk of not being allowed entry maybe because I stayed for 3 and half years before. Nonetheless, I think to myself, I have valid reason to visit my husband, I have proper documentation and have never been out of status, why should I not be allowed entry. I was also worried that my US visa stamped in my passport had been invalidated electronically when I left USA as I read somewhere in the vast corners of Quora and Reddit. To clarify this, I also emailed the USA Consulate in the Philippines, this is their reply.

“In general, a nonimmigrant visa is valid for use before its expiration date provided that it is in good condition and has not been tampered with or altered in any way. The validity of the visa is the period wherein one may enter the United States.

Please be aware that a visa does not guarantee entry to the United States; it may only be used to apply for entry. Visa holders are subject to inspection at the port of entry by United States Customs and Border Protection (CBP) officers who have the sole authority to allow or deny anyone admission. The length of stay in the United States will be determined by CBP officials at the port of entry. The CBP officer generally grants permission for the visitor to remain in the United States for the amount of time needed to accomplish the purpose of visit.”

From this letter, I concluded that my B1/B2 US visa has not been electronically invalidated. It is not expired. it is in good condition and has not been tampered with or altered in any way. The reply also did not mention anything about electronically invalidating my US Visa without my knowledge when I left the USA. The reason why I was worried about this is because when I left the USA through LAX, I went through the electronic gate where passengers just scan their passport. The passengers before me had their passport scanned in the machine and generated a single discreet beep, while mine created two loud beeps. Nonetheless, I was able to pass through. Thinking about that two loud beeps compared to other passengers had me worried. The discussion about electronic invalidation of visa in Quora and Reddit also unsettled my nerves.

I also found one comment in Quora by one anonymous person. It says “Your visa remains valid until its expiration date. Visa and status are separate things. After you enter, your status in the US is completely separate from the validity of your visa, and any extensions and/or changes to your status have nothing to do with the validity of your visa.

The next time you leave the US, if you wish to re-enter in B2 status, you can simply use your existing B2 visa to do so, as long as it is still unexpired. However, if you wish to re-enter in F2 status, you will have to apply for an F2 visa at a US consulate. If you do that, they may or may not cancel your B2 visa at the time you apply for the F2 visa.”

From all of this information, I became confident and booked a direct flight from Manila to Los Angeles. I flown Philippine Airlines (PAL) and arrived at LAX, Tom Bradley Airport at 6:25 in the evening Los Angeles time. I walked from airplane tube and followed my co-passengers, there were signs which way to go and you will not get lost as the way is designed like a big cattle runway, the passengers herded to their destination. This is my second time coming to USA but the feeling is still the same, inexplicable excitement, not just because I have not seen my husband for a year but this is USA, land of the free with vast landlocked to explore. I have been to a number of different countries, but visiting USA is different. Imagine 50 different states with land area of almost equivalent to 50 countries.

“The land of the Creator is vast.”- Chris Green

I went to the toilet first to freshen up, then followed the way to the Immigration booth. The runway opens to an escalator with the wall print saying “Welcome to the Unites States, Please have your documents completed and ready to present to an officer.” This one does not have the giant flag as I was in Terminal B otherwise known as Tom Bradley Airport. For the record, LAX has 8 Terminals with names as Alpha numeric Terminals 1-8, Terminal B and Terminal R (Regional Terminal), for a total of 10 Terminals. When I first visited USA, I flown EVA Air and saw the Giant USA Flag. There was also an elevator ride in lieu of the escalator.

You know you landed in American Soil.

The Interview

Further, after the escalator ride, the runway snaked into a big open space where there were booths for different lanes. I went to the lady officer in the reception area and asked where should I fall in line. She said left side. I also confirmed I don’t need to write or fill out any arrival card. There were two lanes, one for citizens, and one for all the other categories. I followed through my line. I think I was 200th plus in line. Our lane was further divided into two. There was a total of six open immigration booths in my lane. I could tell the officers were tired but does not show in their faces, after all, it was almost 7:30 in the evening LA time. I tried to observe everyone. Nobody is allowed to take pictures in this area but you are allowed to use your phone. Everyone is in different mode. One group behind me tried to converse in Mandarin. I muster the best I can remember, “I don’t know” back. The airport is not the best place to make acquaintances, especially during the way to interview at immigration booth. There were a lot of Asian looking families with kids most of them carrying big transparent envelopes. The envelopes contained thick wad of papers and old passports. When they were called up for the interview, they gave these thick wads of papers and old passports to the immigration officer right away without being asked to. In contrast to this, one Asian guy had only a passport in his hand, and was asked at least four questions, from what I can observe from a distance, and he was allowed to go through right away. There was one male officer who must be a bit stricter compared to the lot, because he already held two different passengers. I was not able to observe the first passenger he held but saw that the passenger was ushered into a different door. The second passenger he held was a beautiful young Chinese looking girl, the girl had long black hair and youthful flawless innocent face and she was traveling alone. She must be coming as a student or a tourist and she kept showing her phone to the officer. There must be a language barrier because they had a long interview but ultimately, she was led to a different door for what I think is a second interview. If I am the officer, I would also be wary because the girl looked like a candidate for human trafficking victim. I waited some more, I felt the rush of another batch of passengers from another flight.

When I was called next, I ended up with Uncle, he reminded me of one of my uncles in Lao-na province in China. The conversation we had:

Me: Good evening officer.

Officer: Good evening! What is your purpose for coming here?

Me: I am here to visit my husband and go shopping.

Officer: You mean you are coming to America to live with your husband?!

Me: No! No! I am only here to visit him. He is a student here.

Officer: Oh. Where is he studying?

Me: ABC College in Los Angeles.

Officer: Where is it?

Me: (Stated the Complete Address)

Officer: How long are you staying?

Me: (Stated the number of weeks)

Officer: Do you have a return ticket?

Me: Yes I have, officer. (Gingerly selected my return ticket among the paperworks I prepared)

Officer: (Looks at the ticket quickly and gave it back to me) Okay, where are you staying?

Me: (Stated the complete address confidently without flinching)

Officer: (Type down the address in his computer). Okay, you may go. (Gave back to me my passport).

Me: Thank you, officer.

When I reached the baggage claim, I called my husband and said that I am past immigration booth and retrieving my baggage. I also called my family in the Philippines. Once I found my luggage, I went past the gate for what is supposed to be customs. It appears that there is no distinctive gate for goods to declare or not to declare anymore. It was just the exit gate. I followed the runway exit and it opened up to a wide space where all the family and friends of passengers waiting for them. Then, I saw my husband waiting for me.

At the Parking area, I tried to check how long I am allowed to stay since the officer did not stamp my passport. I checked it here https://i94.cbp.dhs.gov/I94/#/history-search . I found out I was given six months allowance to stay in USA.

In hindsight, I prepared about five pages of questions and answers and that I memorized all of my answers. This is in case the immigration officer would ask me several questions, then my answers are all handy and structured. I will not be stuttering and search the corners of my brains for long forgotten information. The prepared questions and answers are pertaining to the things during the past years of my stay in the USA.

Suggestions:

Prepare for all possible questions by the Immigration Officer, practice answering before your travel;
Print out your documents. Do not show your phone to the officer as this is very inconvenient for the latter.
If you have print outs, do not show/give to the officer the print out unless asked;
It is important not to offer any information voluntarily unless asked to. The officer is handling hundreds of passengers everyday, he/she will know exactly what to ask to determine whether or not to grant entry;
Be polite, address the person as ‘Officer.”
Notice in the question and answer that the officer asked precise questions that require definite answers.

_{This is not legal advice. Do your own due diligence. Seek a lawyer if you need to.}