Entering under the VWP while in possession of an Immigrant Visa
#1
Entering under the VWP while in possession of an Immigrant Visa
Is it possible to enter the US under the VWP whilst having an immigrant visa in your passport (i.e. simply not use the IV on that particular visit and be admitted as a tourist)?
I seem to remember reading the answer to this (or at least discussion of it) here before, but my searches aren't throwing up what I'm looking for. The same goes for Google searches, presumably because I'm not hitting the right combo of words. So I apologise if it is something that comes up a lot and, if it does, a link to an old thread would do just as well as an answer.
Thanks very much in advance.
I seem to remember reading the answer to this (or at least discussion of it) here before, but my searches aren't throwing up what I'm looking for. The same goes for Google searches, presumably because I'm not hitting the right combo of words. So I apologise if it is something that comes up a lot and, if it does, a link to an old thread would do just as well as an answer.
Thanks very much in advance.
#2
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Joined: Sep 2012
Posts: 163
Re: Entering under the VWP while in possession of an Immigrant Visa
The answer it is it is possible and I have read examples of where people have done this successfully.
However, the POE Officer has the right to insist you use the visa in your passport, and will likely want an explanation as to why you wish to use the VWP instead of the immigrant visa.
One other way to help this is you are able to have a second passport from the UK Passport & Identity Service for the purposes of visa processing - in my line of work many people (although not myself) have a second passport to enable one to be processed for visas and to travel on the other.
However, the POE Officer has the right to insist you use the visa in your passport, and will likely want an explanation as to why you wish to use the VWP instead of the immigrant visa.
One other way to help this is you are able to have a second passport from the UK Passport & Identity Service for the purposes of visa processing - in my line of work many people (although not myself) have a second passport to enable one to be processed for visas and to travel on the other.
#4
Re: Entering under the VWP while in possession of an Immigrant Visa
Have you any idea under what circumstances they would insist on the IV being used? (I realise there doesn't have to be a good reason - just curious). My explanation would simply be that I want to visit my husband but am not quite ready to establish permanent residency (though it's only a hypothetical situation at this point based on various 'what ifs' that may or may not come to pass - I'm just trying to put a plan together for various eventualities).
#5
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Joined: Sep 2012
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Re: Entering under the VWP while in possession of an Immigrant Visa
Have you any idea under what circumstances they would insist on the IV being used? (I realise there doesn't have to be a good reason - just curious). My explanation would simply be that I want to visit my husband but am not quite ready to establish permanent residency (though it's only a hypothetical situation at this point based on various 'what ifs' that may or may not come to pass - I'm just trying to put a plan together for various eventualities).
Logically thinking, I would imagine it is to do with a visa outranking the visa waiver program. The VWP by its' very nature is a waiver of the requirement to have a Visa.
#6
Re: Entering under the VWP while in possession of an Immigrant Visa
Amusingly, while searching for completely different terms, Google threw up this thread from 2011: http://britishexpats.com/forum/showthread.php?t=728129. I even contributed to the thread, so no wonder I had a vague memory of the topic! Post #10 seems to suggest I would be OK under the VWP. That said, I still don't know if I would risk it.
#7
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Re: Entering under the VWP while in possession of an Immigrant Visa
Have you any idea under what circumstances they would insist on the IV being used? (I realise there doesn't have to be a good reason - just curious). My explanation would simply be that I want to visit my husband but am not quite ready to establish permanent residency (though it's only a hypothetical situation at this point based on various 'what ifs' that may or may not come to pass - I'm just trying to put a plan together for various eventualities).
#8
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Re: Entering under the VWP while in possession of an Immigrant Visa
Ian
#10
Re: Entering under the VWP while in possession of an Immigrant Visa
A really interesting question. In my limited research I have found no definitive answer, which helps to explain the anecdotal evidence that it's possible, some people have done it, but there's no guarantee.
Some intriguing clues:
- The FAM tells a consular officer that when an immigrant visa is issued non-immigrant visas are to be cancelled. A person who is eligible for the VWP doesn't need a non-immigrant visa anyway, but wouldn't it follow that if non-immigrant visas are to be cancelled then use of the VWP is similarly cancelled? I don't know if this is written anywhere, though.
- The IFM does not address the issue, that I could find. It does discuss the examination and processing of the Immigrant Visa Packet, but what is the CBP officer to do if you request entry under the VWP and do not have the packet with you to be inspected?
Aside: Although they don't help with your question, the FAM, IFM, and the AFM contain the answers to many FAQs. We - questioners and responders both - really should refer to them more often before posting.
Regards, JEff
Some intriguing clues:
- The FAM tells a consular officer that when an immigrant visa is issued non-immigrant visas are to be cancelled. A person who is eligible for the VWP doesn't need a non-immigrant visa anyway, but wouldn't it follow that if non-immigrant visas are to be cancelled then use of the VWP is similarly cancelled? I don't know if this is written anywhere, though.
- The IFM does not address the issue, that I could find. It does discuss the examination and processing of the Immigrant Visa Packet, but what is the CBP officer to do if you request entry under the VWP and do not have the packet with you to be inspected?
Aside: Although they don't help with your question, the FAM, IFM, and the AFM contain the answers to many FAQs. We - questioners and responders both - really should refer to them more often before posting.
Regards, JEff
#11
Re: Entering under the VWP while in possession of an Immigrant Visa
How is he to enter as a new immigrant if his petitioner/sponsor is not in the USA, but is still living in the UK? (A rhetorical question, I don't have the answer.)
Regards, JEff
Regards, JEff
#12
Re: Entering under the VWP while in possession of an Immigrant Visa
Presumably if you have an IV in your passport, at some point that and/or the medical will expire before too long. Personally I would be keen to get that used/validated/whatever and then return back to finish tidying up your affairs before moving over for good. Others can advise on timescales and strategies for that one, to ensure you don't do anything wrong in the eyes of immigration.
#13
Re: Entering under the VWP while in possession of an Immigrant Visa
What difference if you have to use the IV? Using the IV doesn't mean you can't travel... after all, you're not a prisoner in the US. Once your visa is endorsed, you can immediately catch a flight back if you want. You don't even need to leave the airport. It won't affect your status at all.
Ian
Ian
EDIT: Despite what I said in the previous post, would it be useful if I wrote up the full details of what I am trying to do to make the problem clearer?
Last edited by Apfelkuchen; Jan 10th 2013 at 5:31 pm.
#14
Re: Entering under the VWP while in possession of an Immigrant Visa
I am screwing up by confusing you with another poster. I apologize for creating confusion in this thread.
Yes.
Regards, JEff
#15
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Posts: 707
Re: Entering under the VWP while in possession of an Immigrant Visa
Thats a yes by the way