Visa Waiver Program (USA)

Hi all,

I've just got back from the US, im a brit. Im aware the maximum amount of time you can stay at one time is 90days.

My question is: Can you stay 90 or less days go back to your country of origin (mine being the United Kingdom) for say a week to a month and then go back for another 90 or so days, then do the same again.

I phoned up the US Embassy in london to ask for advice but the person i spoke to wasnt clear.

the person i spoke to said i can do that.. but i may get turned back by the immigration department if they believe i am going to violate or take advantage. I dont understand what she means, but i would never do anything illegal or against the rules of the visa waiver.

Im in a very tough predicament: i went to the US to see my girlfriend, we spent just over 2 wonderful months together and were finding it very hard to be apart. This may seem stupid to some people but to those who understand, walking to my flight in the airport when i left was the hardest thing i ever had todo. We have both been in tears on and off for a few days now. We have considered marriage but it isn't really possible in our current situation.

Where not sure what todo? I will search for a contact number for US immigration to see if i can get anymore details on the rules. But anyone who has been in a similar situation or knows anything, please any help would be very appreciated.


Vorta

Originally posted by Vorta
My question is: Can you stay 90 or less days go back to your country of origin (mine being the United Kingdom) for say a week to a month and then go back for another 90 or so days, then do the same again.

I think so. You certainly can do it the other way round. Back in 2000 KayEm visited me for five months (the limit in the UK is six months), then went back to the US for three weeks. After that, she came back to the UK and was given another six months visa.

As for US Immigration, they really are a pile of poo. They have caused no end of problems for us which are only just now being addressed. Make sure you specify that you want to speak to a INS agent - ie someone who knows what they are doing - After all, not everyone who works in the INS is directly involved with Immigration.

Thanks for your reply pisky, il U2U you .

[edit on 20-1-2005 by Vorta]

Hi Pal,
Me and my husband to be are going through the same crap be VERY carefull. He is also from an EU country but the authority's are sooo uptight. We do have a good attorney though. o Need some input I'm right here and I'd like to hear how your story is proceeding?
WrenLittle

You really have to watch US immigration right now. Its a case of if your face fits you will get in no probs but if they dont like the look of you tey have the power to throw you out. Im British and living in the states right now and every time I come through immigration it is a nightmare even though I have 2 different american visas and have letters from the Dept. of the Army stating that I have a legitimate reason for being in and working in the States. The visa waiver program is a bit unclear, I know people who have been out for 3 90 day stays in one year and not had a problem, but I know others who tried coming in for a second time that got deported.
Your safest bet would be to apply for a B1/B2 visa which is basically a holiday visa that also lets you carry out buisiness duties as long as you are not making any money in the states. Its just a case of booking an appointment and going for a visa interveiw and filling in some paperwork. It only costs about 60 pound and you get issued with a 10 year visa and when I came in on that type of visa I got stamped for a 6 month stay.
The downside is you may have a long day in the emmbassy, I spent nearly 9 hours waiting for my interveiw which lasted 4 minutes.
As long as you dont have any violent charges or drug convictions you should be cool to get one.

If you need any other advice about Brits getting issued visas or any questions about the process U2U me and I'll be glad to help you out.

[edit on 22-5-2005 by Oakley]

I'm going through the same situation. My first wife was from the Philippines (my soon to be wife is too), so I know just what you mean by how hard it is to leave. Unfortunately I only get to spend a couple weeks when I go there, so in that sense it's not TOO bad, but in some ways it worse, because we try to cram as much as we can into that short time. Immigration is kind of a pain right now, but as long as you're careful and don't do anything dumb, I don't think you'll have any problems.

I have a friend who needs to travel to the USA rather urgently. He is from a visa waiver country but has a criminal conviction (minor)

This means he needs to go thru the very time consuming process of obtaining a Visa..........has anyone travelled to the USA without a visa and a criminal conviction ? How does immigration know ?

If anyone here has had any expereinces of this let me know!

It really depends on the type of conviction. It's a judgement call by the customs staff a lot of the time.

My ex had a conviction for a minor offence and never had any problem getting in, but a girl I know has a conviction for a drug offence and they won't let her in. She's fine until they run her through the computer system. We're all from Canada though, so we may get different treatment.

Sometimes the only way you can find out if you are allowed in or not is to try. Of course this isn't much of an option for people who travel a long distance, only to get turned back.

Thanks Duzey...my friend is in New Zealand...a long way!

How would US immigration know Of an offence in NZ ?

I don't think New Zealand has an agreement to allow US Customs access to their criminal database, like we do. If the US doesn't have access then it is possible that he could get away with it.

The only other thing I can think of is if they request a copy of your Police Certificate. I have no idea if the US does that for New Zealand citizens, though.

i went to the US

I hope you weren't one of the many Brits I saw while I was in Las Vegas. I went to see an IMAX film (Fighter Pilot) about America's Red Flag exercise. Well when it was over some Brits I was sitting next to complained that the film didn't show British pilots and planes "as much as it should have".

Theoretically you can enter using the VWPP several times in a 12 month period...realistically this isn't as easy as it sounds.

If you stay for the full 90 day period, leave for a week and try to return, you're probably going to run into problems. Let's face it - if you're in the US for 3 months and want to return for another 3 months, that does sound as if you're wanting to at least make plans to live here, rather than just visit.

On the other hand, it really depends on who's actually stamping your passport. Some inspectors are fine with this, others are more strict...the most important thing is being able to prove you have adequate ties to the UK (mortgage, rent agreement, proof of employment, etc) to show that you're not trying to emigrate and side-step the visa process. I'd second the earlier recommendation in obtaining a B1/2 visa; you can also adjust your status on this visa if you later wish to do so (which you technically cannot do on the VWPP - well..there IS one way, but it's convoluted and stressful, and the immigration folk don't look too kindly on it...).

With regards to criminal convictions - I'd always advise being honest. Most minor convictions don't really matter; but if you've lied and you're found out, that's more than ample reason to refuse you entry. Realistically, it's very hard to actually keep track of criminal convictions amongst non-citizens; I've known too many people who have lied, get through the airport and then when they try to adjust their status, they face grave disappointment.

Having acted as an advocate and liaison for non-US citizens who wish to emigrate, I'd be glad to help if I can - just U2U me if you need to

(That goes for anyone really - though I'm by no means the resident expert, I've got a few years' experience dealing with this stuff, and my help is yours for the taking. Just give me a holler )


[edit on 1-8-2005 by Tinkleflower]

are you sure it's not 180 days? i know if your a canuck you can stay for 6 months, and i'm sure it doesn't matter where your from you can go back and then enter after a week or so, it doesn't matter...

They may ask you for proof that your working or something so they know that you have something back home that is holding you back...

If you don't show a tax slip or something to prove employment, they might think your trying to sneak into the country...

but yes you can re enter... My sister would stay in nj for 4-5 months, go home for a couple days and then go back... and she's married to the guy in the us but she has no papers... and yes, that is a f'ed up situation all on it's own... not going there.

hope this helped!

Canadians have different rules, TrueLies - they're not subject to the same rules as per the VWPP countries.

The countries where the VWPP applies are:

Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom.

If you are a national from a Visa Waiver Program-designated country, you are allowed to apply for admission to the United States for ninety (90) days or less as a nonimmigrant visitor for business or pleasure without first obtaining a U.S. nonimmigrant visa.

Again, the US has far different rules for Canadian citizens (in general, it's much easier for Canadians to visit the US)

I know this is an older thread but wanted to add that there is a program called Resident Alien where people can work and live in US -- don't know much about it other than it exists -- have had business dealings with a few people who have this status. Might be worth looking into

Hope this helps

Originally posted by justme1640
I know this is an older thread but wanted to add that there is a program called Resident Alien where people can work and live in US -- don't know much about it other than it exists -- have had business dealings with a few people who have this status. Might be worth looking into

Hope this helps

It's not a program as such - a Resident Alien is simply someone who has a "green card" (full residency permit). I'm in this category

To obtain one of these can be like getting blood from a stone; to become a resident alien you first have to qualify and obtain a work permit or other visa, and then adjust your status to permanent resident after a certain period of time (3 or 5 years depending on whether your residency is marriage or work-based).

If anyone would like, or needs, any info, just U2U me

Just come in through mexico like the mexicans do and stay as long as you want.

I just went through this, with an Aussie woman. We were in love, that fell apart, as she blew it out of proprtion, about her not getting a job within the 90 days she was here.

I know you can go back to the UK for a while & fly back over here, but if you do it too often, you'll get flagged by Immigration, or worse yet one of the US's spy agencies, as someone who's staying here off & on & a possible "terrorist threat".

The woman I was with, her boss is an Aussie, & has been in & out of the US for business trips about 35 times, & after Sept 11th, they actually refused him entry, after so many times coming in & out, as they felt he was a potential threat. If you get refused entry, you do not get your money for the flight back either.

Take your chances, & be careful.

Hello, I am a new member so I cannot ask you on U2U. This is to Tinkleflower. I married a Japanese woman last year in October. She wants to come visit me on a VWP. It is too late to try another Visa because she is coming in a week. Is there any way she can do this? Would the immigration officer even know she is married, do they have access to this information? She has never been asked before on any form or verbally whether she is married any time she visited me before, although we were not married at the time. The purpose of her visit is just to visit.
However, if there is a way for her to stay once she is here, then we would like to try, of course. You mentioned that there is a way, although it is convoluted and not looked too kindly upon by immigration. Can you tell me about this process?
Aside from this, if she visits me on VWP, and she is let in, then she leaves before the 90 days, would that ever cause a future problem for us if we try to immigrate her later? Assuming she visited, and left before the 90 days. Would that not actually be a positive mark on her good faith? Anyway, i would really appreciate any advice you can give. Thank you.