French boyfriend denied entrance under VWP, what now?
Nov 9th 2002, 11:22 pm
#1
Just Joined
Thread Starter
Joined: Nov 2002
Posts: 2
French boyfriend denied entrance under VWP, what now?
After arriving from Paris yesterday night, my boyfriend was deported back to France. He is a freelance writer and spends a lot of time with me here in the US, as he doesn't have to be in France very much. He generally goes home for a month then comes back for 3 month.... goes home for a month, comes back for 3 months....
Last night INS flagged his passport because he had overstayed his visa (by about a month) last April. He has come back to the states twice since overstaying his visa that time with no problem, so I 'm not sure why this time there was a problem.
When they flagged him they searched his bag and found a paystub from an american company (that he consults for in France, NOT the US) and accused him of working illegally in the US (which is untrue, and the US company has already agreed that they will fax whatever documentation necessary to clear up this issue).
They are sending him back to France tonight and told him that he is not barred from re-entering the US, but is barred from the VWP program and will have to apply for a visa at the US Consulate.
I, of course, have numerous questions:
What does this mean? What kind of visa should he apply for at the US consulate upon return to france?
What are the long term implications of this? Will he not be able to come to the US as frequently? Will he have to apply to the US consulate in Paris every time he wants to come to the US from now on?
How serious is it that he overstayed his visa in April by 90 days? If the employment thing gets cleared up will he be able to be re-instated in the VWP program?
Since he is a freelance writer (w/ a book contract from a well known publisher in france), is there a particular visa he could apply for to do research on his book in the US that would give him long term multiple entry to the US - like 8 months or a year so that he could come and go with a valid visa and not have to reapply all the time? If a visa like this exists Im sure his publisher would give him whatever documents necessary because his research is on a US topic and he has been doing de facto research when he is here on a tourist visa (tho not paid research .... it's on his own time).
Thanks,
Asiba
Last night INS flagged his passport because he had overstayed his visa (by about a month) last April. He has come back to the states twice since overstaying his visa that time with no problem, so I 'm not sure why this time there was a problem.
When they flagged him they searched his bag and found a paystub from an american company (that he consults for in France, NOT the US) and accused him of working illegally in the US (which is untrue, and the US company has already agreed that they will fax whatever documentation necessary to clear up this issue).
They are sending him back to France tonight and told him that he is not barred from re-entering the US, but is barred from the VWP program and will have to apply for a visa at the US Consulate.
I, of course, have numerous questions:
What does this mean? What kind of visa should he apply for at the US consulate upon return to france?
What are the long term implications of this? Will he not be able to come to the US as frequently? Will he have to apply to the US consulate in Paris every time he wants to come to the US from now on?
How serious is it that he overstayed his visa in April by 90 days? If the employment thing gets cleared up will he be able to be re-instated in the VWP program?
Since he is a freelance writer (w/ a book contract from a well known publisher in france), is there a particular visa he could apply for to do research on his book in the US that would give him long term multiple entry to the US - like 8 months or a year so that he could come and go with a valid visa and not have to reapply all the time? If a visa like this exists Im sure his publisher would give him whatever documents necessary because his research is on a US topic and he has been doing de facto research when he is here on a tourist visa (tho not paid research .... it's on his own time).
Thanks,
Asiba
Nov 10th 2002, 1:36 am
#2
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Joined: Apr 2001
Posts: 46,443
It was not his abuse of the VWP, in particular, that caused a problem but the overstay. Any overstay means the user is no longer able to use the VWP to enter the US but must apply at the US Consulate for a tourist visa instead.
The VWP is for visiting not for living in the US which is what he was doing essentially. Be glad that he has had the ability to use it so frequently over the last year(s) without being sent back.
Is he going back voluntarily or has he actually been deported. That will make a difference on whether or not the US Consulate will issue him a tourist visa in the future.
Rete
The VWP is for visiting not for living in the US which is what he was doing essentially. Be glad that he has had the ability to use it so frequently over the last year(s) without being sent back.
Is he going back voluntarily or has he actually been deported. That will make a difference on whether or not the US Consulate will issue him a tourist visa in the future.
Rete
Nov 10th 2002, 11:44 am
#3
Just Joined
Thread Starter
Joined: Nov 2002
Posts: 2
He is going back voluntarily (not actually deported, as I have found out today).
Apparently, the INS did not care much about the overstay, but was extremely interested in his work for a US company in France. So I suppose there are now two issues:
1) Clearing his name with the INS regarding working illegally in the US (which the company has already retained lawyers to do, so I guess this is a resolvable issue); and
2) Figuring out what kind of visa he needs to apply for to be able to come regularly to the US to see me in the next year, until we are ready to start dealing with the issue of marriage (not yet!)
I wonder if he should apply for a multiple entry B1/B2 visa or is there some other kind of visa like a journalism visa or research visa that he can get with the aid of his publisher to allow him to come in and do research for his book? Any ideas? I suppose he could get a single entry for the next six weeks, which is how long he was supposed to stay this time (or 30 days, by the time he actually can get back here....)
Finally, how long does it take to get a tourist visa like this in Paris? Any guesstimates? I have no idea if I should expect that it should only take a week or be prepared for a long ordeal.
Thanks and best wishes,
Asiba
Apparently, the INS did not care much about the overstay, but was extremely interested in his work for a US company in France. So I suppose there are now two issues:
1) Clearing his name with the INS regarding working illegally in the US (which the company has already retained lawyers to do, so I guess this is a resolvable issue); and
2) Figuring out what kind of visa he needs to apply for to be able to come regularly to the US to see me in the next year, until we are ready to start dealing with the issue of marriage (not yet!)
I wonder if he should apply for a multiple entry B1/B2 visa or is there some other kind of visa like a journalism visa or research visa that he can get with the aid of his publisher to allow him to come in and do research for his book? Any ideas? I suppose he could get a single entry for the next six weeks, which is how long he was supposed to stay this time (or 30 days, by the time he actually can get back here....)
Finally, how long does it take to get a tourist visa like this in Paris? Any guesstimates? I have no idea if I should expect that it should only take a week or be prepared for a long ordeal.
Thanks and best wishes,
Asiba
Originally posted by Rete
It was not his abuse of the VWP, in particular, that caused a problem but the overstay. Any overstay means the user is no longer able to use the VWP to enter the US but must apply at the US Consulate for a tourist visa instead.
The VWP is for visiting not for living in the US which is what he was doing essentially. Be glad that he has had the ability to use it so frequently over the last year(s) without being sent back.
Is he going back voluntarily or has he actually been deported. That will make a difference on whether or not the US Consulate will issue him a tourist visa in the future.
Rete
It was not his abuse of the VWP, in particular, that caused a problem but the overstay. Any overstay means the user is no longer able to use the VWP to enter the US but must apply at the US Consulate for a tourist visa instead.
The VWP is for visiting not for living in the US which is what he was doing essentially. Be glad that he has had the ability to use it so frequently over the last year(s) without being sent back.
Is he going back voluntarily or has he actually been deported. That will make a difference on whether or not the US Consulate will issue him a tourist visa in the future.
Rete
Nov 10th 2002, 1:36 pm
#4
Guest
Posts: n/a
Re: French boyfriend denied entrance under VWP, what now?
This is detailed information about the VWP.
http://www.ins.usdoj.gov/graphics/la...spect/vwpp.htm
"To qualify for the VWP, you must: ...Not have failed to comply with
the conditions of any previous admission under the visa waiver
program...."
http://www.ins.usdoj.gov/graphics/la...spect/vwpp.htm
"To qualify for the VWP, you must: ...Not have failed to comply with
the conditions of any previous admission under the visa waiver
program...."
Nov 11th 2002, 9:41 am
#5
Guest
Posts: n/a
Re: French boyfriend denied entrance under VWP, what now?
"asiba" wrote in message
news:[email protected]...
> What does this mean? What kind of visa should he apply for at the US
> consulate upon return to france?
> What are the long term implications of this? Will he not be able to come
> to the US as frequently? Will he have to apply to the US consulate in
> Paris every time he wants to come to the US from now on?
The visitor for tourism visa is a B1, but I have seen many people at the
embassy in Paris being denied it. I believe it is mostly because they are
either not french citizens and were not able to prove that they will return,
ot that they had messed up with the INS before. And in any case, it would
NOT allow him to live in the USA, no settling down or anything.
> Since he is a freelance writer (w/ a book contract from a well known
> publisher in france), is there a particular visa he could apply for to
> do research on his book in the US that would give him long term multiple
> entry to the US - like 8 months or a year so that he could come and go
> with a valid visa and not have to reapply all the time? If a visa like
> this exists Im sure his publisher would give him whatever documents
> necessary because his research is on a US topic and he has been doing de
> facto research when he is here on a tourist visa (tho not paid research
> ... it's on his own time).
Maybe a J1 visa? Not sure at all. In any case, it is also a non immigrant
visa, meaning that he plans to return to France IN TIME.
http://www.councilexchanges-fr.org
112, ter rue Cardinet
75017 Paris
Tél 01.58.57.20.50
Good Luck!
Tony
news:[email protected]...
> What does this mean? What kind of visa should he apply for at the US
> consulate upon return to france?
> What are the long term implications of this? Will he not be able to come
> to the US as frequently? Will he have to apply to the US consulate in
> Paris every time he wants to come to the US from now on?
The visitor for tourism visa is a B1, but I have seen many people at the
embassy in Paris being denied it. I believe it is mostly because they are
either not french citizens and were not able to prove that they will return,
ot that they had messed up with the INS before. And in any case, it would
NOT allow him to live in the USA, no settling down or anything.
> Since he is a freelance writer (w/ a book contract from a well known
> publisher in france), is there a particular visa he could apply for to
> do research on his book in the US that would give him long term multiple
> entry to the US - like 8 months or a year so that he could come and go
> with a valid visa and not have to reapply all the time? If a visa like
> this exists Im sure his publisher would give him whatever documents
> necessary because his research is on a US topic and he has been doing de
> facto research when he is here on a tourist visa (tho not paid research
> ... it's on his own time).
Maybe a J1 visa? Not sure at all. In any case, it is also a non immigrant
visa, meaning that he plans to return to France IN TIME.
http://www.councilexchanges-fr.org
112, ter rue Cardinet
75017 Paris
Tél 01.58.57.20.50
Good Luck!
Tony
Nov 12th 2002, 1:42 am
#6
Guest
Posts: n/a
Re: French boyfriend denied entrance under VWP, what now?
Tony Bruguier wrote:
> The visitor for tourism visa is a B1,
It's actually a B2 ... B1 is visitor for business.
> The visitor for tourism visa is a B1,
It's actually a B2 ... B1 is visitor for business.
Nov 13th 2002, 11:04 pm
#7
Guest
Posts: n/a
Re: French boyfriend denied entrance under VWP, what now?
The type of visa he needs depends on what he is planning to do in the US.
If he is planning to visit you, the appropriate visa would be a tourist
visa (B-2) - in theory. However, it would almost certainly be denied. The
problem is in several things:
- a tourist must not have the intent to immigrate to the US. A US citizen
girlfriend is a major obstacle here.
- a tourist must also spend substantial time outside the US. There is no
rule written into the law, but generally a rule of thumb is that he
should not spend more than three months out of every twelve in the US. He
already exceeded that limit by a wide margin, and I am actually surprised
that INS didn't hassle him about that. This rule also pretty much rules
out a tourist visa to see you "regularly".
- a tourist must not work in the US. Doing research for his book is
considered working, although it is possible that he could do that on a
business visitor visa (B-1) as long as the book won't be sold in the
US or published by a US company.
Also, consulates in visa waiver countries are very reluctant to issue
tourist visas. Somebody who applies for one is almost automatically
considered "suspicious" because it is unusual. He will have to show very
good reason for travelling to the US, and he will also have to overcome
the suspicion of having worked illegally. Chances are that if he is
granted a visa at all, it would be a single-entry visa, and he would have
to reapply for each trip.
My personal suggestion is for you to look more seriously at marriage. Do
keep in mind that even after you make the decision, the paperwork will
still take six months or so to get him into the US, and then possibly
another couple of years to get him settled. During that time, he may not
be able to leave the US.
On Sun, 10 Nov 2002 16:44:35 -0800, asiba wrote:
> He is going back voluntarily (not actually deported, as I have found out
> today).
> Apparently, the INS did not care much about the overstay, but was
> extremely interested in his work for a US company in France. So I
> suppose there are now two issues:
> 1) Clearing his name with the INS regarding working illegally in the US
> (which the company has already retained lawyers to do, so I guess
> this is a resolvable issue); and
> 2) Figuring out what kind of visa he needs to apply for to be able to
> come regularly to the US to see me in the next year, until we are
> ready to start dealing with the issue of marriage (not yet!)
>
> I wonder if he should apply for a multiple entry B1/B2 visa or is there
> some other kind of visa like a journalism visa or research visa that he
> can get with the aid of his publisher to allow him to come in and do
> research for his book? Any ideas? I suppose he could get a single entry
> for the next six weeks, which is how long he was supposed to stay this
> time (or 30 days, by the time he actually can get back here....)
>
> Finally, how long does it take to get a tourist visa like this in Paris?
> Any guesstimates? I have no idea if I should expect that it should only
> take a week or be prepared for a long ordeal.
>
> Thanks and best wishes,
> Asiba
> Originally posted by Rete
>> It was not his abuse of the VWP, in particular, that caused a problem
>> but the overstay. Any overstay means the user is no longer able to use
>> the VWP to enter the US but must apply at the US Consulate for a
>> tourist visa instead.
>> The VWP is for visiting not for living in the US which is what he was
>> doing essentially. Be glad that he has had the ability to use it so
>> frequently over the last year(s) without being sent back.
>> Is he going back voluntarily or has he actually been deported. That
>> will make a difference on whether or not the US Consulate will issue
>> him a tourist visa in the future.
> Rete
>
> --
> Posted via http://britishexpats.com
If he is planning to visit you, the appropriate visa would be a tourist
visa (B-2) - in theory. However, it would almost certainly be denied. The
problem is in several things:
- a tourist must not have the intent to immigrate to the US. A US citizen
girlfriend is a major obstacle here.
- a tourist must also spend substantial time outside the US. There is no
rule written into the law, but generally a rule of thumb is that he
should not spend more than three months out of every twelve in the US. He
already exceeded that limit by a wide margin, and I am actually surprised
that INS didn't hassle him about that. This rule also pretty much rules
out a tourist visa to see you "regularly".
- a tourist must not work in the US. Doing research for his book is
considered working, although it is possible that he could do that on a
business visitor visa (B-1) as long as the book won't be sold in the
US or published by a US company.
Also, consulates in visa waiver countries are very reluctant to issue
tourist visas. Somebody who applies for one is almost automatically
considered "suspicious" because it is unusual. He will have to show very
good reason for travelling to the US, and he will also have to overcome
the suspicion of having worked illegally. Chances are that if he is
granted a visa at all, it would be a single-entry visa, and he would have
to reapply for each trip.
My personal suggestion is for you to look more seriously at marriage. Do
keep in mind that even after you make the decision, the paperwork will
still take six months or so to get him into the US, and then possibly
another couple of years to get him settled. During that time, he may not
be able to leave the US.
On Sun, 10 Nov 2002 16:44:35 -0800, asiba wrote:
> He is going back voluntarily (not actually deported, as I have found out
> today).
> Apparently, the INS did not care much about the overstay, but was
> extremely interested in his work for a US company in France. So I
> suppose there are now two issues:
> 1) Clearing his name with the INS regarding working illegally in the US
> (which the company has already retained lawyers to do, so I guess
> this is a resolvable issue); and
> 2) Figuring out what kind of visa he needs to apply for to be able to
> come regularly to the US to see me in the next year, until we are
> ready to start dealing with the issue of marriage (not yet!)
>
> I wonder if he should apply for a multiple entry B1/B2 visa or is there
> some other kind of visa like a journalism visa or research visa that he
> can get with the aid of his publisher to allow him to come in and do
> research for his book? Any ideas? I suppose he could get a single entry
> for the next six weeks, which is how long he was supposed to stay this
> time (or 30 days, by the time he actually can get back here....)
>
> Finally, how long does it take to get a tourist visa like this in Paris?
> Any guesstimates? I have no idea if I should expect that it should only
> take a week or be prepared for a long ordeal.
>
> Thanks and best wishes,
> Asiba
> Originally posted by Rete
>> It was not his abuse of the VWP, in particular, that caused a problem
>> but the overstay. Any overstay means the user is no longer able to use
>> the VWP to enter the US but must apply at the US Consulate for a
>> tourist visa instead.
>> The VWP is for visiting not for living in the US which is what he was
>> doing essentially. Be glad that he has had the ability to use it so
>> frequently over the last year(s) without being sent back.
>> Is he going back voluntarily or has he actually been deported. That
>> will make a difference on whether or not the US Consulate will issue
>> him a tourist visa in the future.
> Rete
>
> --
> Posted via http://britishexpats.com
