Orangepants

Hi,

I have a B1/B2 and use it for dual purpose, sometimes coming in for pleasure but mainly business. The visa isn't for 6 month stays - its for whatever they give you on the day - be it 5 days or 6 months.
I worked for a US bank for 2 years with an office in London which necessitated frequent trips to Charlotte, in addition my fiance lives in Charlotte but I never mentioned this in the 30 sec interview as I needed the visa for work, the additional benefit did not need to mentioned. It is on my notes though from previous use or possibly abuse of the VWP.
I now live in Cayman and fortunately my work still necessitates monthly trips to the US and I will alternate using B1/B2 dependant on the time I wish to spend in the US.

I agree that one reason for applying for the B1/2 makes more sense as two reasons sounds too conspired (even if this isn't the case). I'd concentrate on the business side if this is viable.

scrubbedexpat099

My Brother works for a US Bank, they sent a memo around about being careful not to make too many visits.

Sounds like you are a year of Naturalisation, that is the guaranteed route.

Anything else and you run the risk, personally I think it is a certainty that eventually you will be warned or turned back. How long that will take is debatable.

Folinskyinla

Hi:

In thinking about your case, I think you should return to your original premise. The US Immigration & Nationality Act is, by nature, one of dichotomies.

The definition of "immigrant" is "all aliens" except those in a specific list of which "(b)" is for temporary visitors with a home abroad which they have no intention of abandoning.

"Admitted to lawful permanent" residence is having "been" accorded the privilege of residing permanently in the US, such status not having changed.

Unfortunately, the dividing line is not what us lawyers call a "bright line."

Setting aside your legal intentions, it appears that you want to skate right on that line and have some assurance that that is OK.

You may want to step back and re-evaluate what your goals and are then take the legal action that protects, as best it can, while acknowledging the uncertainties involved.

A I

I would highly suggest you meet with a knowledgeable Tax advisor before you make such a drastic decision as to give up your Permanent Residency, specially being so close to your 5 years to be naturalized.

Since your son is staying in the US, you should consider the likelyhood of immigration laws changing, situations chaning, etc, and your possible inability to visit the USA in the future if you give up your Permanent Residency. This opportunity to acquire US Citizenship for yourself may not materialize again in the near future. On the last immigration reform proposal, one of the changes was to add a quota for parents of US citizens, which was much lower than current approval rates for this group of people. Furthermore, Changes are likely in the next few years.

There are millions wishing to be in your shoes, with a Legal Permanent Residency to the US.

Carefully weight this decision, because it is much easier to give Permanent Residency up that to re-obtain. Once a citizen you could travel freely as you wish, with a constitutional guarrantee. You can't really beat that. I'd like to make a stronger argument to entice you to keep your PR, and apply for Naturalization when elegible, since I think it is a very valuable thing you may be giving up, but I don't know your reasons other than tax which you mentioned.

Giving up Permanent Residency may be like breaking an Egg... easy to do, but very hard to repair if you want it back the way it once was...

Marocco

If he became a citizen, the opportunity to ever get out of the IRS's clutches would be even less likely to materialize in the future.

scrubbedexpat099

Absolutely, life does not always have an easy answer.

adamholland

So you turn up at the POE with no return flight, say how long you'd like to stay and then hope they give you how much time you want?

meauxna

No, that's not what she says; the point is that CBP are not obligated to give a 6 month admission to every B visa entrant. They're not required to admit at all.
A return ticket is a very good idea.

Orangepants

Maybe I phrased it badly - I always have a return ticket and if I'm coming in on business, my trip is usually 9 days - 5 business days and 2 weekends so I tell them when I'm leaving and then they stamp me - sometimes for 11 days and sometimes for 6 months. Back in 2006 when my work arrangements were somewhat more "elastic" then I would ask for a month and if they gave me 3 or 6 months then I would extend my stay and change my flight but not for the whole 3 months.
It's a kind of inverse relationship - the more time you spend there, the less time they'll stamp you with... It helped me not to abuse the system until I could get to a place where I now don't have a problem going in... (famous last words!)

TracyTN

Yep. This made me think of something I've heard a lot around immi boards - CBP assumes that all entrants have immigrant intent.



Based on what you've posted, I think this is a good option for the OP. Not that it's perfect - but unless he is willing to naturalize, I don't think there IS a perfect solution...!

adamholland

I see.

Thanks for clearing that up for me