rb2k

Anyone have any experience with Global Entry + Visa changes?

My situation:
- German citizen.
- I worked in the US on an L1B when I first got Global Entry.
- I then transitioned to an H1B.

When getting the H1B stamped, I asked if I had to do anything or if Global Entry would update "on its own". The people at the embassy said it should just work. When I reentered in SEA after the H1B, the Global Entry Kiosk just had the L1 as an option and I had to go to the border guard and 'manually' do my paperwork. The border guard mentioned that I had to change it in GOES.
Looking around in GOES, I can't find anything. It's possible that they just took a guess. The GOES email support usually takes 3-4 months [sic] to answer, so I'm still waiting on that.
Now I wonder if anyone in here had a similar situation and it just takes longer than 1-2 weeks for the global entry database to sync up or if I would actually have to tell anyone, maybe even redo the enrollment?

reclusive46

I'm 99% sure you have to got an enrollment centre to get them to put the new Visa on your Global Entry account.

televisor

This is what I've heard from other people too. Your first entry on a new Visa has to be through normal (foreigners) channel, after that you can get it added to your GE profile. (Which is essentially what happened to OP, they couldn't use their new Visa with GE.)

When I signed up for GE I had to: (A) enter my Visa details as part of the GOES application and (B) the interviewer copied/checked the details and scanned the Visa during my interview. Since there's no way to edit the Visa in GOES that suggests an officer has to manually fix your record for you.

During my interview I asked about additional citizenships/passports (I'm currently undergoing naturalization in another country, so I might gain a new citizenship+passport in the next year or two), they told me I should just come to any GE enrollment center and they'd update it for me. I imagine its exactly the same for new Visas.

I'd recommend visiting a GE enrollment office the next time you're at an airport, they can probably add the Visa immediately / without an appointment. (I had to get my DOB corrected, and they did that without any waiting in SFO, took about 2-3 minutes to find my profile and edit it.)

williamsmj

I am a UK citizen on a H-1B visa. I completed Global Entry enrollment today. The agent told me to make sure that when I enter I scan the visa page in my passport, not the regular ID page, otherwise I will be considered to admitted under ESTA. All that's fine and makes sense.

He then said: when you change or renew your visa, you're going to need to call us so we can register you under that new visa. He indicated that this is a formality, not necessarily involving another interview.

Has anyone had any experience doing this? How would I do it? Is there an option for it on GOES? Or do I literally phone them? If so, does anyone know the number? I'm probably going to renew my visa in about a year, so this is not urgent, but I'd like to know how it works while this is fresh in my mind.

televisor

The agent was wrong. You scan the photo page, and the various entry options appear at the end of the process (i.e. Waiver Tourist, Waiver Business, your Visa(s), Other). Your Visa page won't work, other people have tried and reported the kiosk didn't recognise them - I had no issues using the photo page. (The only exception is green card holders who need to scan their green card.)

I've never done the renewal, but I imagine calling any enrollment center is enough to get to the right person. Someone else who arrived with a new Visa reported using the kiosk, selecting "Other" (the Visa wasn't listed in the kiosk), then getting manual processing at the booth (since they got an X on their receipt), followed by visiting an enrollment center to update the GOES record - I imagine the same works with renewed Visas. I personally would prefer going down the telephone route as to avoid any unpleasantness in case the officer doesn't like that you're using GE with a new Visa (the website tells you to visit an enrollment center if you have a new Visa, but you have to get into the country to do that so...).

englisa

Newbie2FT

I'm unclear on why you believe that you'll encounter difficulties simply by stepping into a Global Entry office at your outbound airport to update your visa information?

Since 2016, USCIS has allowed a 60 day grace period for E-2 visa holders after their employment ends.

Code of Federal Regulations, title 8, section 214.1(l)(2):

So, you're still "in status". What do you envision might happen to you during your drop-in at the GE office?

Also, are you certain that your B1/B2 visa is not already in the system? When you scan your UK passport at a Global Entry kiosk, does it give you the option of choosing which visa you wish to enter on? (A lot of CBP officers at Global Entry interviews are diligent about entering the multiple US visas a person might hold into the system, and linking them all to the Global Entry membership.)

englisa

Newbie2FT

1. 'Discretion'

Just to be clear, under the regulations, the granting of the 60 days is not discretionary. Only the "eliminat[ion] or shorten[ing]" is discretionary.

- "An alien ... shall not be considered to have failed to maintain nonimmigrant status"

- "DHS may eliminate or shorten this 60-day period as a matter of discretion."

When USCIS adopted the 60 day waiver, their commentary to the rule indicated that they only contemplated the use of discretion to eliminate or shorten that period "at the time a petitioner files a nonimmigrant visa petition requesting an extension of stay or change of status". (Federal Register, volume 81, page 82,439.)

Big-hitter immigration firms like Cyrus Mehta agree with that analysis.

In USCIS' own words, someone who does not file a visa petition before they leave would not even enter into the stage at which USCIS would intend to consider the use of discretion for shortening/elimination.

Also, USCIS explained that it uses that discretion to target people who've done wrong, for example: "violations of status, unauthorized employment during the grace period, fraud or national security concerns, or criminal convictions, among other reasons." (81 Fed. Reg. 82,439.)

2. Activities during grace period

That regulation provision contains no restriction on which activities are permitted during the grace period, other than (1) "not work[ing]" and (2) continuing to be compliant with the visa status on which the alien entered.

In fact, USCIS specifically decided against including the phrase "'to prepare for departure from the United States or to seek an extension or change of status based on a subsequent offer of employment'" as "it is unnecessarily limiting and did not fully comport with how the ... grace period may be used by individuals in the H, O and P nonimmigrant visa classifications". (81 Fed. Reg. 82,437.)

Whether the alien uses the 60 days to pack their clothing, visit Disneyland, or date nightly on Tinder does not alter the language of the regulations: "shall not be considered to have failed to maintain nonimmigrant status".

3. CBP officer knowledge of grace period

If you're concerned that the CBP officer at the Global Entry office will be unfamiliar with the grace period, simply print out the GPO versions of 8 CFR 214.1 and of 81 Fed. Reg. 82398 and have them ready.


4. Global Entry-linked visa

Global Entry is not the basis of a person's admission to the United States. As the GE regulations note, it simply provides "an alternate inspection process".

The basis of admission would be the E-2 visa.

Whether your Global Entry membership becomes linked to a different visa, has expired since the time you entered, or was canceled since you entered does not affect any lawful status as an alien admitted on E-2 classification.

Simply adding documentation of a B1/B2 visa to a Global Entry membership does not magically convert someone into a B-1 or B-2 admittee, nor does it affect their existing E-2 admission.

I'm also not sure why you believe that you would need or want to ask the CBP officer to "remove [the E-2 visa] from GE". But even if you did ask him to remove it from your Global Entry membership, it would not affect the fact of any lawful presence in the United States in E-2 classification.

Global Entry membership and the documents linked to Global Entry do not alter the status on which someone was admitted.

5. Personal anecdotes from other FlyerTalk users

Sadly, I have significant doubts that you'll find many people on FlyerTalk who have had this same situation (visa grace period with Global Entry document update in the United States) before next week.

There's a pattern on FT that postings about US visas tend to be asked by posters who only post once or twice about it, and then don't return much to FT in the future.

You may be better off trying to find personal experiences for that data point on the forums at ImmiHelp and VisaJourney than here.

Of course, as always, your best path is to consult a competent attorney, specializing in immigration and trusted traveler program law, as the above is not legal advice, and any attorney advising you would need to discuss with you the particular circumstances of your situation.

Hope all the red tape didn't scare you away too much from another US visit in the future!

flo-e

Do I understand correctly that as a German citizen currently using GE with ESTA can switch to a B2 Tourist Visa (due to upcoming visits to countries that make you ineligible for ESTA) and continue to use GE?

maninblack

Yes, the visa does not matter any. Can you switch from any status to any other, and still be enrolled.

And it has to be done manually by an Officer.

And the last response to this thread was over a year ago...

flo-e

Thanks for your reply. I figured it would be good to use the search function instead of opening a new thread

matt85

I've been a member of Global Entry since a couple years. Until recently, I've always used a visa (L) to enter with it. Now that visa has expired and I'll travel with ESTA / VWP going forward.
Can I simply continue to use Global Entry, scan my passport page and select VWP instead of the visa at the kiosk? I didn't find a way to update my Trusted Traveler profile with the entry method, so not sure if any changes are needed there.

Thanks!

TWA884

Take a look at this post by our resident CBP officer:

matt85

The way I remember it however (and I could very much be wrong because my last entry was early 2019) is that I had to select at the kiosk if I enter under my L visa or under visa waiver. Technically I'm not switching visas, I'm not entering with any visa instead. Is that selection part of the kiosk process?