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Advice for self-employed British citizen married to American citizen, visiting the US

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Advice for self-employed British citizen married to American citizen, visiting the US

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Old Aug 5th 2008, 3:04 am
  #16  
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Default Re: Advice for self-employed British citizen married to American citizen, visiting th

Originally Posted by Marocco
I am planning a trip to the US in a few months and have been wondering about this. I'm thinking of taking an old laptop, encrypting all personal data and thoroughly erasing any stuff which is not encrypted.

Does anyone know if US authorities can force you to reveal the the password of an encrypted volume (as the UK authorities can)?
If they can't get at the info, they'll just confiscate it and destroy it...read, keep if for themselves the thieving little toe rags....
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Old Aug 5th 2008, 3:52 am
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Default Re: Advice for self-employed British citizen married to American citizen, visiting th

I'm glad the thread drifted to this topic....it's prompted me to plan to zip and encrypt all my critical data and upload it to my webspace as a backup just in case, before travelling.
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Old Aug 5th 2008, 4:56 am
  #18  
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Default Re: Advice for self-employed British citizen married to American citizen, visiting th

Always a good idea, anyway...
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Old Aug 5th 2008, 6:38 am
  #19  
 
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Default Re: Advice for self-employed British citizen married to American citizen, visiting th

Here are some details from Dept Homeland Security about the laptop situation:

CBP Laptop Searches


We have a responsibility to ensure that any item brought into the country complies with the law and is not a threat to the American public. To treat our inspections of digital media at the border differently from any other documents or conveyances would give terrorists and criminals an advantage they should not have and that our nation cannot afford.


On the topic of CBP, this story aired the other day; I missed it, but the transcript is interesting.

Inside our border's first line of defense
Every day, Customs and Border Protection agents at the U.S. border look for the truth about people entering this country.

PS: They're hiring! According to the TV ad, you get to ride horsies!
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Old Aug 5th 2008, 6:48 am
  #20  
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Default Re: Advice for self-employed British citizen married to American citizen, visiting th

Originally Posted by meauxna
and is not a threat to the American public.
I'm all for only allowing foreigners whose laptops have rounded, soft corners into the country. Hate to think what would happen if one of them went postal and used it as a weapon -- it could seriously injure a US citizen. Thank you CBP!
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Old Aug 5th 2008, 8:16 am
  #21  
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Default Re: Advice for self-employed British citizen married to American citizen, visiting th

FYI, this is where the state department website is confusing about the VWP.


http://travel.state.gov/visa/temp/wi...l#travelertype

Which travelers may use the Visa Waiver Program to enter the United States?
Nationals of the 27 countries participating in the Visa Waiver Program may use VWP if:

The purpose of their stay in the United States is 90 days or less for tourism or business
BUT

When does a national of a VWP country need to apply for a visa instead of using the VWP?
(Which travelers may use the Visa Waiver Program to enter the United States?)

Nationals of VWP countries must meet the conditions noted in the section above in order to seek admission to the United States under the Visa Waiver Program. Travelers who do not meet these conditions must apply for a visa. In particular, a visa must be requested if the traveler:
Wants to remain in the United States for longer than 90 days, or envisions that they may wish to change their status (from tourism to student, etc.) once in the United States;
Wants to work or study in the United States, wants to come to the United States for other purposes not allowed on a visitor visa, or intends to immigrate to the United States;
I also have another question.

I have heard of UK immigration officials bouncing people because they either had too little or too much cash on them. Too little, and the officer thought they were going to get a job; too much, and the office thought they were going to stay longer than allowed. Are US immigration officers the same, or do they understand that people have access to credit cards and cash machines? Personally, I would rather we not have much more cash on us than the amount we would need for cab fare to the hotel. I have heard of people being bounced from the UK because they had too little cash on them, even though they had credit cards with them.
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Old Aug 5th 2008, 8:43 am
  #22  
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Default Re: Advice for self-employed British citizen married to American citizen, visiting th

Originally Posted by Malory
FYI, this is where the state department website is confusing about the VWP.


http://travel.state.gov/visa/temp/wi...l#travelertype



BUT



I also have another question.

I have heard of UK immigration officials bouncing people because they either had too little or too much cash on them. Too little, and the officer thought they were going to get a job; too much, and the office thought they were going to stay longer than allowed. Are US immigration officers the same, or do they understand that people have access to credit cards and cash machines? Personally, I would rather we not have much more cash on us than the amount we would need for cab fare to the hotel. I have heard of people being bounced from the UK because they had too little cash on them, even though they had credit cards with them.
conducting business and working are seperate things though...one would be going to a business meeting, a trade show etc....doing a website would be actual work though.
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Old Aug 5th 2008, 9:56 am
  #23  
 
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Default Re: Advice for self-employed British citizen married to American citizen, visiting th

Originally Posted by Bob
conducting business and working are seperate things though...one would be going to a business meeting, a trade show etc....doing a website would be actual work though.
Like post #3 said.
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Old Aug 5th 2008, 10:29 am
  #24  
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Default Re: Advice for self-employed British citizen married to American citizen, visiting th

Originally Posted by meauxna
Like post #3 said.
yup, but it seemed that post was glossed over
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Old Aug 5th 2008, 10:42 am
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Default Re: Advice for self-employed British citizen married to American citizen, visiting th

Originally Posted by Bob
yup, but it seemed that post was glossed over
It's become a familiar feeling.
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Old Aug 5th 2008, 2:12 pm
  #26  
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Default Re: Advice for self-employed British citizen married to American citizen, visiting th

Does voluntary work come under this rule also? I'm thinking along the lines of helping out (running concession stands) at football - packing boxes to send to troops in iraq etc???
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Old Aug 5th 2008, 3:01 pm
  #27  
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Default Re: Advice for self-employed British citizen married to American citizen, visiting th

Originally Posted by clarissageo
Does voluntary work come under this rule also? I'm thinking along the lines of helping out (running concession stands) at football - packing boxes to send to troops in iraq etc???
If the position is one that would ordinarily be paid, then you can't do it, so concession stands would probably be no....packing boxes, serving food at a soup kitchen, probably alright.
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Old Aug 6th 2008, 1:09 am
  #28  
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Default Re: Advice for self-employed British citizen married to American citizen, visiting th

I did read Post No. 3, but the distinction between "working" and "conducting a business" is still fuzzy to me. How would you define the following:

1. Taking a photo of the Empire State Building with the intention of putting it on a website that provides advertising revenue.

2. Meeting a stranger who happens to be thinking about opening up an online shop, and having a conversation with him about it.

3. Returning a phone call from a client in Lancashire.

These are all aspects of "working on websites".

If any of these things are considered "conducting a business", would he only be allowed to do them if he declared in advance that he was going to, before he entered the US?

Can he combine "tourism" and "conducting a business" in one visit, or must he do either one or the other? (That would imply that someone who came to New York for a business conference wouldn't be allowed to take some time to go shopping in Bloomingdale's.)

My only frame of reference is UK immigration law (I realise that they are different countries with different laws, but that is where my "instincts" come in), and in the UK a visitor would not be allowed to do any of this, and would also not be allowed to do any type of volunteer work.
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Old Aug 6th 2008, 1:20 am
  #29  
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Default Re: Advice for self-employed British citizen married to American citizen, visiting th

Originally Posted by Malory
I did read Post No. 3, but the distinction between "working" and "conducting a business" is still fuzzy to me.
Easy way to think of it is too imagine Richard Branson on a visit ..what would he do ... conduct meeting.. sign leases..do various business deals..
do parties for the rich and famous ... all legal

He would not work in a shop..take flight booking..clean his planes ..
that illegal ...
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Old Aug 6th 2008, 11:01 am
  #30  
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Default Re: Advice for self-employed British citizen married to American citizen, visiting th

Originally Posted by Malory
I did read Post No. 3, but the distinction between "working" and "conducting a business" is still fuzzy to me. How would you define the following:

1. Taking a photo of the Empire State Building with the intention of putting it on a website that provides advertising revenue.
If you're self-employed as a photographer or a web-designer, and you're on vacation and you take a few photos that you will use in your work back home, this is not employment that will trigger the negative attention of the immigration authorities.

2. Meeting a stranger who happens to be thinking about opening up an online shop, and having a conversation with him about it.
I see no problem here, either. As long as money does not change hands, I do not see the immigration cossacks calling this accepting employment in America.

3. Returning a phone call from a client in Lancashire.
This is no more employment in the USA than answering an office e-mail that you downloaded during your vacation here. And no, answering your UK office e-mail will NOT be considered "working" in contravention of the terms of your B-2 entry to the USA. You WILL run afoul of the cossacks if you go onto an American payroll, but if you're just doing a little extra-curricular work for your UK-based work (staying in touch by e-mail), I see no problem.

If any of these things are considered "conducting a business", would he only be allowed to do them if he declared in advance that he was going to, before he entered the US?
I would NOT mention this to the US border guards unless specifically asked. I would NOT volunteer "well, I might answer some office e-mails." I would NOT say, "well, you know, I might meet someone in a coffee shop who is interested in my work." DO NOT OVERTAX THE LIMITED ANALYTIC CAPACITIES AND EVEN SCANTIER PATIENCE OF BORDER GUARDS. None of these things is "work" or "employment" in contravention of the B-2 status.

If the guard says, "Do you intend to work (seek employment) in the USA?" The answer is, "No." Anything more is Too Much Information.

Can he combine "tourism" and "conducting a business" in one visit, or must he do either one or the other? (That would imply that someone who came to New York for a business conference wouldn't be allowed to take some time to go shopping in Bloomingdale's.)
Yes, they can be combined. Here for a business meeting, but going to ski at Aspen on the way back. Here for a family vacation in Orlando, but taking a detour to meet with an already-existing company client in Miami on the way over.

Hope this all helps.

--J Craig Fong
Los Angeles, CA
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