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Visa Waiver question

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doughnutnutty
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Posts: 2
Joined: Sat Dec 24, 2005 2:47 pm
Location: UK

Visa Waiver question

Post by doughnutnutty » Sat Dec 24, 2005 4:21 pm

I am planning on moving to the States from England and have just found out it is going to take me 4 years to actually do it. Apparently I am in the highest category as my Dad is a US citizen, but as I am over 18 I am no longer dependant on anyone and there is a waiting list.

I am in the States at the moment and have been since November, I am booked to go home on 1st February which takes me up to my legal 90 days on the visa waiver programme.

My question is, how long do I have to stay in England before I can come over again for another 90 days? Also is there a limit on the number of times that I can do this in the 4 years that I am waiting for my visa to come through?

I am also planning to do this whole process myself, I can't afford to go and see an immigration lawyer, so does anyone have any tips?

Help would be much appreciated.
Many Thanks :)

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Wed Dec 28, 2005 10:12 pm

The rule of thumb is that you should use the VWP once in every 12 month period especially if you have maxed out the 90 day entry given which you clearly have. The Inspector at the POE has final say at each admission but your intended plan means you are effectively living in the US. The VWP is a non immigrant visa and you intend to turn it into a de-facto immigrant visa.

You may get away with a second 90 day entry but eventually your luck will run out and you will be denied as a minimum admission as an intending immigrant. You will no longer be eligible for the VWP and will have to apply for a B2 visa - guess what will happen at the US consulate when you apply for this non immigrant visa. The NIV application form explicitly asks if you have certain categories of relatives who are US citizens or LPR's (green card holders) and if a petition has been filed for you...it seems there has. At worst the inspector can deem it you are seeking entry fraudelently and you will be placed in expedited removal proceedings and barred from the US for 5 years. Check the small print on your green form I-94W - you have waived your right to an immigration judge reviewing any refusals (asylum expected).

I suggest you try a dual intent visa e.g. H1 or L1 (both employment) if you qualify. In this way you can travel in and out of the US without any issues. IMHO any non immigrant visa application e.g. F1 student will just get rejected.

doughnutnutty
Newly Registered
Posts: 2
Joined: Sat Dec 24, 2005 2:47 pm
Location: UK

Post by doughnutnutty » Sat Dec 31, 2005 4:51 pm

Many thanks for your reply.

Someone has just told me that when my Dad files the petition for my visa there is every chance that I will not be allowed back into the country during the 4 years that it is going to take to come through. Is this correct advice?
If so this is going to cause me huge problems :( My boyfriend lives over here too... This whole process is confusing the hell out of me.

Also, instead of coming over for the full 90 days each time, would it cause me problems if I were to visit for a couple of weeks every couple of months and then 90 days at the end of the year?

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