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Thread: Visa Waiver Withdrawal

  1. #1
    Guest
    I will appreciate any serious advice on this troubling issue. Is possible to revoke a British Citizens Visa waiver previledges although she never broke any laws? This is my story, I am an LRP who married and filed an I-130 exactly two years ago. Since i did not want my wife to overstay, we decided that she should be shuttling between England and the US. She spent six weeks in the US a few times during the year. Anyway sometime last year she was stopped at the port of entry because she had travelled to the uS frequently and she was asked to return to London and her Visa waiver rights were withdrawn. Is this legal?

  2. #2
    Guest
    I will appreciate any serious advice on this troubling issue. Is possible to revoke a British Citizens Visa waiver previledges although she never broke any laws? This is my story, I am an LRP who married and filed an I-130 exactly two years ago. Since i did not want my wife to overstay, we decided that she should be shuttling between England and the US. She spent six weeks in the US a few times during the year. Anyway sometime last year she was stopped at the port of entry because she had travelled to the uS frequently and she was asked to return to London and her Visa waiver rights were withdrawn. Is this legal?

  3. #3
    Guest
    Yes, that is the Law. Once a petition is filed on behalf of somebody then Visa Waiver privileges are automatically cancelled. Visa Waiver program is for visitors only who have intention to stay or immigrate to the United States. After marriage and your filing petition for her, she is not entitled to visit the United States under Visa Waiver Program. She can try for Visit Visa or wait till her priority date is current.
    Good luck.

  4. #4
    Guest
    Go and seek a lawyer's advice.
    This is serious.
    Stop paying attention to the people here such as alert, umesh, mohan , guest and so on,
    who have no one to talk to so they come here to mess people's lives.
    It's up to you.
    I just said what i've seen.

    ps. Don't forget to See the attached.
    pss your problem should be heard by a lawyer before making any move.


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  5. #5
    Guest
    To Kevin:
    You are perfrectly right Kevin. We are not Immigration Attorneys, we just suggest people what we know from our personal experiences.
    This site has posted disclaimers because they are not responsible for the advised parted by anybody on this post.
    It is always better to check Immigration website at www.immigration.com and go to How do I ? There immigrations has answer for all question what a person wants to know. If still there is some confusion then it will be good for the person to seek legal advise from a good Immigration Attorney who specializes in that particular field.
    God bless you.

  6. #6
    Guest
    People should not take any action based ONLY on the advice here.That's what ILW says.
    Contrary, you are saying that people should seek attorney advice ONLY if the are still confused after you answer their Questions.
    Mr. Umesh, where I you coming from?United states, may I ask?

  7. #7
    Guest
    kavin. I came here to learn about the Law which can only be taught by Experience, Law is complex, it doesn't mean that only lawyer (experienced) knows all that.
    in another words you or someone else not paying anything to these guys who advise whole heartdly.
    how come they become prey to these people? i miss your point.
    everyone of them said talk to lawyers. many people comes here after they talk to attorney OR already have attorney but didnot get satisfied even after draining life savings.
    you must be a blood sukker( attorney in the other words)

  8. #8
    Guest
    to Tough Life - the visa waiver is not a right; it is a privilege. If the INS (or DHS) inspector feels that an arriving alien is actually using this privilige to live in the US (or is going to work or has been working) they can deny admission to that person upon arrival and the visa waiver privilege is lost.
    As you know, the time it takes for the I 130 to be "current" is about 5 years from the date it was filed.
    It is far from likely that your wife could get a tourist visa from the embassy (tho not impossible). The record of her travels using the visa waiver privilege will be available in an abridged form to the embassy - they will now why she was denied admission, that she is married to an LPR and for approximately how long she remained in the US on each and every visit. If she applies for a tourist visa, it would be very unwise for her to attempt to conceal this information. Even if she does not conceal the info, there is NO guarantee that she would be given the tourist visa.

  9. #9
    Guest
    Once the I-485 is filed, she needs to travel on an Advance Parole.

    contact me at info@myronmorales.com if you have any questions.

  10. #10
    Guest
    to Morales: How can she get AP when she does not even have a GC? Her petition is not even current yet! One does not get AP for a tourist visa.

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