John6003

Hi All,

My First Post here.
Embarrassingly I was convicted of a minor crime during my teens that makes me ineligible to travel the USA on an ESTA and I require a waiver of ineligibility.

I have travelled to the US many times after being granted ineligibility waivers. 15 years on and I recently got issues a 5 year visa waiver of ineligibility 212(small D)(3)(A) waiver of 212(A)(2)(A)(2).
The visa type states -R B1/B2.

I have a new job in the UK that has travel to the US. In the UK my conviction is long spent so I do not need to disclose this to the company.

I am assuming that the above visa enables me to travel to the US to the US for both business and Tourism. So I wouldn’t need anything else if I was working out there periodically for throughout the year for 1 or 2 weeks. Is that correct?

Also, if the above is correct how long can I stay in the US on any one trip?

Thanks in advanced for any advice.

John

Noorah101

It depends what the work is you'll be doing in the USA. Certain business activities are allowed, such as attending meetings, tradeshows, or training... but should not be your daily job duties.

You will be allowed to stay in the USA for as long as the POE agent allows. Maximim allowed would be 6 months, but could be anything under that.

Rene

John6003

Thanks Rene, do you know where I can find information about what work would be permitted and what wouldn’t?

I am a project manager who is based in the UK and would be managing teams across many different countries one of which would be the US. So it would be mainly meetings, planning etc. But the majority of the work would be carried out in the UK.

Thanks,
John

S Folinsky

The parameters of "doing business" for a B-1 admission are somewhat murky, to say the least. To complicate matters, the decisions are made in individual cases at the ports of entry.

Official discussions can be found in the Department of State Foreign Affairs Manual (FAM) and USCIS Adjudicators Field Manual (AFM).

The most often cited Board of Immigration Appeals case is Matter of Hira. This is an old case where sales man for a Hong Kong suit manufacturer would take measurements in the US for the orders.

Business immigration lawyers often give advance advice on how to navigate this legal mine field.

S Folinsky

B-1 visitors for business do not get the presumptive six months given B-2 visitors for pleasure. I often saw 30 days. But sometimes the six months would be given. I had clients who told the inspector "board meeting" and not only got the six months, but were stamped in by force of habit as a B-2.

Pulaski

Interesting, but not surprising. I don't remember what I said at the immigration desk on my only visit to the US on the VWP for business purposes.

I suspect that it doesn't matter much if you only visit occasionally for 1-2 weeks at a time, and that you'd really have to open your mouth and put your foot in it to irritate the immigration officer.

My recommendation would be to look at the list of the sorts of things for which the VWP for business purposes/B-1 is acceptable, and if asked at the immigration desk, mention one or two of those things.

S Folinsky

As Pulaski notes, his experience was on a Visa Waiver. Refusal of admission on a Visa Waiver has no substantive legal effect. Although it is a PIA, it is not all that serious as these things go. In contrast, refusal of admission on a Visa counts as a formal "removal" - quite serious indeed.

Pulaski gives good advice what to tell the first inspector. However, in today's anti-immigrant climate where the minions of the dark forces have a hunting license, the possibility of referral to "Secondary Inspection" is a distinct possibility. At that point the question posed in the CapitalOne credit card commercials comes to mind - "What's in your wallet?" The contents of the briefcase, tablet or smart phone might also come into play.

Also, two non-eventful inspections may be followed by an inspection from Hell.

Good luck.

crg

With the waiver, there is increased likelihood of secondary inspection. You may also want to apply for the next visa well in advance so as not to interrupt your ability to seek admission.

The maximum period of admission as a B-1 is one year. The one year is usually reserved for internships at the U.N. and participating in a medical clerkship, but could be granted at the officer's discretion.

A letter should describing the purpose, duration and activities that are planned as well as the source of remuneration may be helpful. The burden of proof is on the traveler to demonstrate that the activities are permissible.

MidAtlantic

That is exactly what I did on the VWP. My recollection is that I was invariably asked the purpose of my visit and my answer was consultation with business associates, attending a conference or trade show etc as appropriate. I never had any problems. The fact that I was coming for short periods of time, usually less than a week, probably helped.