Yoni Rubin

A: CBP can search information that is resident on the phone when it is presented for inspection. Under CBP policy, officers may not use the device to access information stored solely remotely in the cloud. Before a basic or advanced search, they must disable data and network connections. Officers may do this by asking you to use airplane mode and disable Bluetooth and Wi Fi, or by disabling connectivity themselves. Information already stored on the phone can still be examined.

A: Yes. If you are continuously referred to secondary inspection and believe the referrals may be caused by incorrect or mismatched information in government systems, DHS TRIP is the formal redress process for travel-screening problems. A successful TRIP inquiry does not guarantee you will never be sent to secondary again, because CBP can still refer you for other reasons.

A: No. One major internationally recognized award can satisfy the evidentiary route, but it is not the only path. You can instead qualify by meeting at least three of the listed evidence categories and then showing, based on the record as a whole, that you really have extraordinary ability in the field.

A: No. The 90-day rule lets you file early; it does not shorten the five-year continuous-residence requirement. USCIS cannot naturalize you until you actually reach the required five years as a permanent resident and meet the other requirements.

A: No—not because the visa expired. Your visa is what you use to ask for entry into the United States. Once you are here, your I-94 controls how long you were admitted for, unless your record shows D/S. You still have to follow the rules of your status. You can check your latest I-94 at https://i94.cbp.dhs.gov/search/recent-search. If you leave the United States, you will usually need a valid visa to come back unless an exception applies.

A: No, not under the three-year spousal provision if the divorce becomes final before the oath. The applicant must remain married to the U.S. citizen through naturalization, and separation can also affect the marital-union requirement. You may still qualify under the regular five-year rule if all of those requirements are independently met, but USCIS must be told about the change.

A: You can buy an existing business. E-2 is not limited to startups. What matters is whether the investment and enterprise meet the E-2 requirements, including substantial investment, lawful source and control of the funds, a real operating business, and your ability to develop and direct it.

A: Yes. You can come as a business visitor to examine or monitor a potential investment if you otherwise qualify for B status. But you cannot start actively running the U.S. business or doing productive work while you are in B-1 status.

A: No. A qualifying cap-gap filing can extend your F-1 status during the gap, but if your OPT work authorization had already ended when the H-1B petition was filed, there is no employment authorization to extend. You can remain in status under the cap-gap rules if you qualify, but you cannot restart work just because of the cap-gap.

A: No. A conditional resident can ask to waive the joint-filing requirement if the marriage was entered into in good faith but later ended in divorce. The key issue becomes proving that the marriage was real when you entered it, not whether the marriage ultimately lasted.