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British citizen applying for B-2 Visa after using ESTA

British citizen applying for B-2 Visa after using ESTA

Old Jun 30th 2017, 11:21 am
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Post British citizen applying for B-2 Visa after using ESTA

Hi! I am writing in the hope that you can offer some advice. I am a British citizen going to the USA for one year on a J-1 student exchange visa. My partner, who is also a British citizen, would like to come and stay with me for extended periods of time, however we are not sure which visa would be appropriate for him to apply for. We are not married so he is not eligible for the J-2.

He was planning to come to the USA to stay with me for 2 months under the Visa Waiver Program, then return the UK for a month (or two, if necessary) over Christmas before applying for a B-2 tourist visa in January, which would enable him to return to the USA for 6 months. We would like to do some travelling together in the US when the weather is good, hence him wanting to be there for the summer months. He is employed as a web developer in the UK and his employer has agreed to let him take a sabbatical for up to 9 months, with his job guaranteed when he returns. He can therefore prove ties to the UK. In addition, after my research placement ends I am contractually obliged to spend 2 years in my home country. As coming to stay with me is his main reason for going to the US, he would not have reason to stay after I leave in July.

However, we are concerned that coming to the US for 2 months using the VWP would mean he is likely to be rejected for the B-2 visa. If he is denied a B-2 visa, we are aware his ESTA would be revoked. The other course of action would be applying for a B-2 visa from the beginning, then applying for it to be extended after 6 months. However, again, we are concerned that if his application for a B-2 is rejected, then he will lose his ESTA and won't be able to come at all. Do you know how likely it is for a UK citizen's application for a B-2 visa to be rejected? Finally, although he was born in the UK and has never been to the countries on Trump's no-travel list, his father (and therefore his name) is of Arabic heritage. Unfortunately, I have to ask whether it is likely that this will play a part in his visa application. I hope not, but with the climate these days, it is a concern.

Any advice would be greatly appreciated!
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Old Jun 30th 2017, 12:19 pm
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Default Re: British citizen applying for B-2 Visa after using ESTA

Originally Posted by beckmeh
... then return the UK for a month (or two, if necessary) over Christmas before applying for a B-2 tourist visa in January, which would enable him to return to the USA for 6 months.
With respect, this would be a mistake. You already know why!


Do you know how likely it is for a UK citizen's application for a B-2 visa to be rejected?
Yes. It is highly likely... and is one of the most common scenarios on this forum.


I have to ask whether it is likely that this will play a part in his visa application.
It very well could, yes.

Bottom line: if he is eligible for the VWP, that is what he should use. US immigration has no interest in what either you or he wants or would like to happen.

Ian
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Old Jun 30th 2017, 1:47 pm
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Default Re: British citizen applying for B-2 Visa after using ESTA

Bear in mind that even if he is successful in obtaining a B-2 (which, in itself, is doubtful), the length of stay on the country is set by the CBP officer on arrival. The B-2 permits stays of up to 6 months. Not a guaranteed 6 months. It's very possible that, upon arrival, the CBP officer feels that 2 weeks is sufficient for the purpose of his visit. Only US citizens are guaranteed entry. The rest of us must ask politely and hope for the best. A visa is no guarantee of entry - merely a chance to knock at the door and ask to be let in. There are no rights when it comes to immigration, just privileges.
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Old Jun 30th 2017, 3:42 pm
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Default Re: British citizen applying for B-2 Visa after using ESTA

Beckmeh, are you and your partner currently cohabitating? That can make a difference in his ability to get a B-2.

Rene
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