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English person needing advice: just for a long holiday in USA

English person needing advice: just for a long holiday in USA

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Old Oct 16th 2011, 9:02 pm
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Default English person needing advice: just for a long holiday in USA

Hi,
Any advice would be appreciated. I'm a 42 year old single woman, a teacher, with no convictions and a house owner in the UK. I want to visit the US for a period of 100 days, I have already arranged to do a self development programme at a centre in California, Esalen, where I am also doing unpaid work as part of the development programme: called work study. I am doing the same in Hawaii.
I went to the US embassy in London and they refused my B2 tourist Visa under section 214 b of the immigration act. I could not believe it! I then applied for an ESTA and thought I would shorten my trip to 90/89 days and that got refused too! Of course if I had just applied for an ESTA and shortened my stay in first place, I might have been fine...
Any ideas/advice would be appreciated. I have spent nearly £1500 on this trip already, perhaps I should get a iimmigrationlawyer in the UK?
Thanks,
x W
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Old Oct 16th 2011, 9:13 pm
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Default Re: English person needing advice: just for a long holiday in USA

General comment: The two components of "work-study" -- "work" and "study" -- are not within the purview of a B-2 visa. [BTW, a "Visa Waiver" admission is under the "B" non-immigrant classification.]
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Old Oct 16th 2011, 9:32 pm
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Default Re: English person needing advice: just for a long holiday in USA

Originally Posted by wendyquelch
I have already arranged to do a self development programme at a centre in California, Esalen, where I am also doing unpaid work as part of the development programme: called work study.
The purpose of your trip does not seem to be tourism. I think you're looking at the wrong visa / type of entry. Not sure what you DO need, but I don't think it's either the VWP or B-2.

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Old Oct 16th 2011, 9:45 pm
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Default Re: English person needing advice: just for a long holiday in USA

Thank you.
I understand that now, the consular officer also understood that I was doing voluntary work as part of the programme of study/personal developement.

It is included in the developement programme, Esalen have written to me confirming that I am not working I am taking part in a self developement programme where you offer 'service' (vol work) as part of that programme.

I have to pay to do that programme, I will not be paid. It does not constitute vol work or study either because Esalen is not an offical educational establishment, it is a self developement Institue. Complex I know...

Maybe I should just re apply and say its a holiday and a self develpement programme which is true.

Any ideas, thank you so much...
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Old Oct 17th 2011, 1:11 am
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Default Re: English person needing advice: just for a long holiday in USA

I wouldn't bother what Esalen say, they are a business and will be getting your money regardless. Talk to an immigration lawyer and see what they say. Also realize that "work" does not mean "work that you get paid for," it encompasses a great deal. By the sounds of it, what you plan to do likely falls under the the immigration definition of work in which case you would need a work visa which you wouldn't get since there isn't a category for it.

I would see if you can back out until you get the legal part of it sorted but also be aware that you may not legally be able to do it.
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Old Oct 17th 2011, 4:23 am
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Default Re: English person needing advice: just for a long holiday in USA

http://www.esalen.org/workshops/workstudy.html

You would need to be work authorised, my guess is that you could snuck in as a visitor on the VWP but too late now.

Ask Easlen what visa's their overseas participants get.
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Old Oct 17th 2011, 8:23 am
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Default Re: English person needing advice: just for a long holiday in USA

The problem for you is that consulates are extremely reluctant to grant visitor visas to people who are eligible for the VWP, except to certain groups of people (e.g. retirees), without good reason. In addition to the work issue, as has already been pointed out, studying is not allowed, either under the VWP or a B visa.

My advice would be for you to cancel the trip and get back whatever money you can.
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Old Oct 17th 2011, 1:33 pm
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Default Re: English person needing advice: just for a long holiday in USA

try re-setting ESTA
http://www.usembassy.org.uk/visaservices/?p=503
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