Post
by Kayalami » Wed Aug 30, 2006 11:34 pm
US Immigration Law (Sec 212 INA) deems that every person seeking to enter the US is an intending immigrant (where they do not hold an immigrant visa nor are a US citizen) unless they prove otherwise to the satisfaction of the relevant US official in your case the DHS Inspector. The VWP scheme is a non immigrant visa category. Admission is on the basis that you are a bona fide visitor with a residence abroad that you will be returning to. Would you say someone staying in the US for 180 days is a bona fide visitor? How are you surviving? Do you expect the person to work illegaly to get by because DHS do? What of their ties back home? They obviously don't have any do they - DHS think so and take the position you are abusing the VWP. Why do you need a second 90 day admission?
The 'VWP loop' to Canada is well known to the DHS...infact the VWP ignores visits to contiguous territory (Canada, Mexico and Caribbean Islands) after departure from the US..i.e. as far as they are concerned you never left the region so you don't really have any ties back home so you will hang out in the US illegaly. You may be lucky and get a second 90 day admission but then you may not at which point you will be stuck in Canada...its up to the DHS inspector. Rule of thumb is to stay out of the US for the same time your were last admitted in VWP status. If you are really unlucky and the Inspector believes you are trying to fraudently/ misrepresent your intentions you will get placed under expedited proceedings and get a 5 year ban from the US..there is no judicial review of such.
