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Visa Waiver and Extension of stay in US Please Help!

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  • Sugarpuff
    replied
    I disagree Paddy. As proof I offer as evidence the German kid who was arrested in Cleveland for being an overstay on a VWP since he was 12. His grandfather brought him here and then abandonded him.

    Under the regualtions of the VWP he should have been put into expedited removal, and not eligible for an appeal. Why wasn't he removed and why was he allowed to appeal?

    Because he "remembered" sometime ago that he left the U.S. went to Canada and returned (with his doting grandfather). This admission meant he was no longer subject to the VWP thus he was allowed to file an appeal.

    The Senator from Ohio (DeWine) now wants to help him stay via some special regualtion that allows him exemption.

    If you have a good *** story and the media gets a hold of it, the law does not apply to you.

    Leave a comment:


  • Paddy
    replied
    sugarpuff that is wrong. If you leave the US and go to Canada and then come back, you will still be restricted to your original VWP. The only way to get a new VWP is to return to your country of origin first.

    The loophole with the VWP and for that matter any visa that expires is that if you marry a US citizen all illegal activity is forgiven as long as you were inspected by an immigration officer at the PoE when you first arrived.

    Leave a comment:


  • Sugarpuff
    replied
    This is a loophole I heard about concerning the VWP and would like to present it to the forum for debate:

    What is interesting about the VWP is if you come here and overstay and are caught you are put into expedited removal proceedings. That is, you are not eligible to appeal as you "waive" these rights under the VWP.

    However, and this is still cloudy to me, if you leave the U.S. while on the VWP and reenter from Canada, you are no longer considered on the VWP and are now eligible for extensions and appeals.

    Leave a comment:


  • TraceyG
    replied
    Oh yes, I meant also to say that in no way would he ever try to stay here illegally!

    Leave a comment:


  • TraceyG
    replied
    I would love to Paddy, can I have your email address? iF you prefer to email me first it's TGrassel@sbcglobal.net.Thanks to all for the helpful information.

    Leave a comment:


  • Paddy
    replied
    Tracey please email me

    Leave a comment:


  • jessica23
    replied
    I have the same problem. I'm canadian, and have spent 7 out of the last 8 months in the US, including 3 or 4 one week each visits last year. Each time i came in,customs at the airport was tougher and tougher on me. Now i'm nearing the end of my 6 month tourist stay, i will be leaving and plan to come back again. I would never overstay or become illegal- i'd be devestated to ever lose the privelege of being in the states. However, it is very stressful even when going by the rules. My situation- my boyfriend is american,lives here, and right now i'm waiting for the right time financially to apply to college here. Until then, i'm just trying to spend as much time as possible here as a tourist.

    I also, wonder about the time period that is best to be out of the country for when "renewing" a tourist stay. My next trip in will be about a week after leaving. I'm going to be driving here,vs flying which i have always done in the past,so i'm curious as to wether i'll have the same type of difficulty with the officer/s. Of course looking at my entry record and amount of time spent here, they will look at it as me living here. I'm not working and also can't marry my boyfriend as he's in the middle of a divorce. Should we marry down the road we will take the necessary steps per immigration standards and requirements,ie fiance visa or AOS should i be here already.

    My advice to anyone...try not to fall in love with someone from another country,lol..life will be alot easier.

    Leave a comment:


  • aneri
    replied
    I agree. The main thing is how much time one spends in the US and the pattern of visits, as well as purpose. Using up all 90 days each time one vists (if more than once a year) may indicate immigrant intent.

    Leave a comment:


  • marmaduk
    replied
    Thanks Sundevil. That's my understanding too, but you never know if there're something else that they took into consideration.

    Leave a comment:


  • SunDevilUSA
    replied
    Marmaduk: My understanding is that there is not a specific timeframe...it is solely at the discretion of the CBP officer at the port of entry.

    Using the situation described in this thread, as an example:

    If the guy goes to Canada before his authorized stay ends and attempts to return more than ninety days after his initial entry, one officer may admit him and another might not. It depends on whether the officer suspects that he may - in reality - be living in the United States.

    Leave a comment:


  • marmaduk
    replied
    aneri, do you know if there's any time frame outside the USA that USCIS goes by when looking at frequent users of VWP?

    Leave a comment:


  • SunDevilUSA
    replied
    The Visa Waiver Program allows a visit of no more than 90 days...period.

    Without permission fron USCIS, he can't just "decide that he wants to stay here and live." When he traveled to America, he knew the limitations on the VWP...they are printed on the I-94 document that he completed upon entry.

    Like others have suggested, he should adhere to the terms of his visit, otherwise he will have difficulty entering America in the future.

    If he decides to stay in the country illegally, how does he plan to work? Is he aware that it's illegal to work without authorization? It might seem easy at first glance to be illegal in America because thousands from the third-world seem to do so. In reality, when you're used to life in a developed country, living illegally in America is not easy. He won't be able to work; he won't be able to drive; he won't be able to travel easily around the country.

    You should also be aware that immigration enforcement is about to get a lot more serious.

    Leave a comment:


  • aneri
    replied
    What kind of visa you are talking about? Visitor? No he can not apply for it from the US.

    He can go home and return to the USA after some time using VWP again.

    Leave a comment:


  • TraceyG
    replied
    So there is no way possible for him to stay here longer than the 90 days? Will he have to go back to the UK and apply for a Visa and then return here? Do you know if he can apply for a visa while he is still here? Thank you SO much for your help!

    Leave a comment:


  • aneri
    replied
    Sorry TraceyG, there is no way to extend stay under VWP. If he goes to Canada or Mexico, he'll be readmitted only for the rest of the first 90 days of authorised stay. If he goes to Canada and trys to enter after May 30th, he'll be most likely denied the entry.

    Since he may deal with the USCIS in the future if you two decide to get married, it would be highly recommended that he obeys the rules now.

    Leave a comment:

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