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Archive » United Kingdom » HSMP holder ======> Tourist/Visit visa to U.S

AuthorPost
Chess
Member
Member # 7233
Posted February 12, 2004 11:28 AM
Guyz,

If ones HSMP visa is extended by a further three years......and mid-way through that period (i.e prior to granting of ILR), s/he applied for a Nonimmigrant Visa (i.e tourist visa) to the U.S, at the US embansy in London(UK)......what are the likely chances of suceeding??

This scenario assumes that :-
a) s/he has property in the UK.
b) Full time permanent employment
c) a FAT bank account.

Kayalami and Cosmopol.

....I know this is you cup of tea!!!....I am waiting for one of you to jump on it, and lecture me with the various sections...y & z of the US immigration rules


..BTW, how long is a US visit visa valid for???

[ February 12, 2004: Message edited by: Chess ]

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.........Nkosi sikelele Africa

Cosmopol
Member
Member # 7165
Posted February 12, 2004 03:58 PM
quote:
Originally posted by Chess:
what are the likely chances of suceeding??
This scenario assumes that :-
a) s/he has property in the UK.
b) Full time permanent employment
c) a FAT bank account.

Generally speaking, chances are high, IMHO. Not only a) and b) are tangible ties to the UK, but the very fact that you are tied to the UK (which a well developed country), and on your way to ILR, makes it much less likely for you to suddenly abandon it all in favor of questionable pursuits of some dreams in the States.

Now, here's a footnote: if you are a national of one of the countries on the U.S. "anti-terrorist watch", you may be subjected to extra scrutiny - from more intense interviewing to background security checks, etc. Still, from what I know, you'd get a visa if your background doesn't give grounds for suspicion (e.g., in addition to the good a,b,c above they discover a bad d) you had been jailed by London police for concealed arms violation ).

quote:
by Chess:
..BTW, how long is a US visit visa valid for???

Visas have varying duration, from 6 months to 10 years, and can also be single or multiple entry -- most of it depends on specific purpose and circumstances of your visit, plus the country you are from, and the one you are applying from.

Separate from that, form I-94 that is given to you on the plane (ship) to fill is then stamped (along with your passport) by immigration control as evidence of lawful border crossing. An Immigration Officer (which is now Dept. of Homeland Sec.) will write in the duration of your stay (e.g., admitted until 12 Feb 04). This form serves as a proof of your legal stay for its duration.

Business visitors (B-1 visa) routinely get from 2 weeks to 3 months of stay, but up to 6 months is allowed by law, so they can give it to you if you ask, although they, in turn might ask you to explain why you need so much, and how will you be accomodated.

Pleasure visitors (B-2 visa) routinely get 6 months even if they say they come for only 2 weeks. This may have changed recently, and may also depend on your nationality, as well as the course of your conversation with IO. But among all those I've known here, I only encountered one case when someone was granted only 30 days with a B-2 visa.

Both visas could generally be extended for another term of 6 months, but from what I know it's very unrealistic.

Good luck!

[ February 12, 2004: Message edited by: Cosmopol ]

Chess
Member
Member # 7233
Posted February 13, 2004 03:05 PM
Thanx Cosmopol,

...Any more contributions??? or should I assume that the subject is not relevant

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.........Nkosi sikelele Africa

Chess
Member
Member # 7233
Posted February 16, 2004 04:30 PM
Kaya, JO1 and Dip,

any comments

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.........Nkosi sikelele Africa

Kayalami
Member
Member # 5984
Posted February 16, 2004 07:59 PM
Chess,

1. Cosmopol is the whiz on US related immigration queries given his residence and experience in the US and he has pretty much covered everything I can think of. As he has pointed out the issuance of a non immigrant visa is subject to you proving to the consular officer (conoff) that you have a residence outside the US which you do not intend to abandon - this is based on sec 214 of the US Immigration and Nationality Act which states that every applicant for a non-immigrant visa is deemed to be an immigrant unless you can show otherwise as I mentioned previously to the connoff - hence why you see most refusals as sec 214 (b).

2. The scenario you present is likely to result in the issuance of a visa given that the person has ties to the UK. Your list in reverse order of importance is c,a, b i.e. job is the key. The only thing that might be an issue is if your application requires enhanced security checks - statistically males from designated countries are most subject to this and it is an extremely lengthy process which can take upto 6 months or more especially if your name is similar to that of someone on the 'bad' list.

3. You will often get issued a B1/B2 combi visa instead of separate B1 and B2 visas. The validity is usually linked to your nationality e.g. Brits get a B1 visa valid for 120 months (which is the maximum validity) though the conoff can issue it for a shorter period.

4. Like all other countries a visa if granted just allows you to travel to a US Port of Entry where you will be inspected/ seek permission to enter the US from a DHS official who has the final say on the matter. However the holding of a genuine visa is prima facie evidence that you satisfied the conoff that you were a bonafide non immigrant. The DHS official will determine your period of stay in the US and endorse such on Form 1-94 aka departure/ arrival record. You will of course get your mug shot taken and finger prints lifted from your index fingers under the US VISIT programme applicable to any person travelling to the US on a visa except for A, G and NATO diplomatic classes.

Happy travelling and be prepared for the hassle of obtaining the visa - you have to start off with a pretty pricey booking via their operator service and a trip to the embassy in Grosvenor square - nearest tube is Marble Arch.

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---audi alteram partem---

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