10 yr B1/B2 visa -- trouble at PoE
Jun 30th 2004, 10:06 am
#1
Guest
Posts: n/a
10 yr B1/B2 visa -- trouble at PoE
Hello all,
I'm here on a 10yr B1/B2 visa. I have a couple of qns. But first, here's
some background info:
1) First visit to US in July 2000 -- Got 6 month I94 -- Left in 5 months
2)Second visit in Apr 2001 -- Got 6 month I94 -- Applied for 6 month extn of
stay -- extn granted--left Apr 2002.
3)Third visit Jan 2003-- Got 6 month I94-- Applied for 6 month extn of
stay -- Extn Denied -- left with 7days of receiving denial letter (Aug 2003)
4) Current visit -- Feb 2004 -- Immigration officer at POE sent me for an
interview to his Senior officer.
Senior Officer asked me why I was "practically living in the US"? I said I
have no such intentions (which is true). But most of my family is here now
(since 1999) and I also have some financial investments here. I have plenty
of assets back home, own a popular internet company and no intention to
desert them. I come here to visit family and to look for any business
oppurtunity for my company.
Officer told me "I'm 'giving' you a 6 month stay now, but don't even think
of applying for extn and for your next visit don't 'expect' a 6 month stay!"
I gathered my stuff and quietly left.
My qns:
1) Is there any law that states the length of time between 2 consecutive
visits?
2) My current I94 ends in July 2004. I would like to come back again in
Jan-Feb 2005, will I be hassled again?
Thanks!
I'm here on a 10yr B1/B2 visa. I have a couple of qns. But first, here's
some background info:
1) First visit to US in July 2000 -- Got 6 month I94 -- Left in 5 months
2)Second visit in Apr 2001 -- Got 6 month I94 -- Applied for 6 month extn of
stay -- extn granted--left Apr 2002.
3)Third visit Jan 2003-- Got 6 month I94-- Applied for 6 month extn of
stay -- Extn Denied -- left with 7days of receiving denial letter (Aug 2003)
4) Current visit -- Feb 2004 -- Immigration officer at POE sent me for an
interview to his Senior officer.
Senior Officer asked me why I was "practically living in the US"? I said I
have no such intentions (which is true). But most of my family is here now
(since 1999) and I also have some financial investments here. I have plenty
of assets back home, own a popular internet company and no intention to
desert them. I come here to visit family and to look for any business
oppurtunity for my company.
Officer told me "I'm 'giving' you a 6 month stay now, but don't even think
of applying for extn and for your next visit don't 'expect' a 6 month stay!"
I gathered my stuff and quietly left.
My qns:
1) Is there any law that states the length of time between 2 consecutive
visits?
2) My current I94 ends in July 2004. I would like to come back again in
Jan-Feb 2005, will I be hassled again?
Thanks!
Jun 30th 2004, 10:13 am
#2
Guest
Posts: n/a
Re: 10 yr B1/B2 visa -- trouble at PoE
John Ried wrote on 6/30/2004 15:06:
> My qns:
> 1) Is there any law that states the length of time between 2 consecutive
> visits?
No, but it is in the discretion of the officer to deny entry...
Every applicant for entry is considered an immigrant until the person can
convince the officer otherwise.
> 2) My current I94 ends in July 2004. I would like to come back again in
> Jan-Feb 2005, will I be hassled again?
Likely.
There are probably all kinds of red flags associated with your name now.
-Joe
> My qns:
> 1) Is there any law that states the length of time between 2 consecutive
> visits?
No, but it is in the discretion of the officer to deny entry...
Every applicant for entry is considered an immigrant until the person can
convince the officer otherwise.
> 2) My current I94 ends in July 2004. I would like to come back again in
> Jan-Feb 2005, will I be hassled again?
Likely.
There are probably all kinds of red flags associated with your name now.
-Joe
Jun 30th 2004, 10:58 am
#3
American Expat
Joined: Jan 2004
Posts: 7,598
Re: 10 yr B1/B2 visa -- trouble at PoE
Originally posted by John Ried
Hello all,
I'm here on a 10yr B1/B2 visa. I have a couple of qns. But first, here's
some background info:
1) First visit to US in July 2000 -- Got 6 month I94 -- Left in 5 months
2)Second visit in Apr 2001 -- Got 6 month I94 -- Applied for 6 month extn of
stay -- extn granted--left Apr 2002.
3)Third visit Jan 2003-- Got 6 month I94-- Applied for 6 month extn of
stay -- Extn Denied -- left with 7days of receiving denial letter (Aug 2003)
4) Current visit -- Feb 2004 -- Immigration officer at POE sent me for an
interview to his Senior officer.
Senior Officer asked me why I was "practically living in the US"? I said I
have no such intentions (which is true). But most of my family is here now
(since 1999) and I also have some financial investments here. I have plenty
of assets back home, own a popular internet company and no intention to
desert them. I come here to visit family and to look for any business
oppurtunity for my company.
Officer told me "I'm 'giving' you a 6 month stay now, but don't even think
of applying for extn and for your next visit don't 'expect' a 6 month stay!"
I gathered my stuff and quietly left.
My qns:
1) Is there any law that states the length of time between 2 consecutive
visits?
2) My current I94 ends in July 2004. I would like to come back again in
Jan-Feb 2005, will I be hassled again?
Thanks!
Hello all,
I'm here on a 10yr B1/B2 visa. I have a couple of qns. But first, here's
some background info:
1) First visit to US in July 2000 -- Got 6 month I94 -- Left in 5 months
2)Second visit in Apr 2001 -- Got 6 month I94 -- Applied for 6 month extn of
stay -- extn granted--left Apr 2002.
3)Third visit Jan 2003-- Got 6 month I94-- Applied for 6 month extn of
stay -- Extn Denied -- left with 7days of receiving denial letter (Aug 2003)
4) Current visit -- Feb 2004 -- Immigration officer at POE sent me for an
interview to his Senior officer.
Senior Officer asked me why I was "practically living in the US"? I said I
have no such intentions (which is true). But most of my family is here now
(since 1999) and I also have some financial investments here. I have plenty
of assets back home, own a popular internet company and no intention to
desert them. I come here to visit family and to look for any business
oppurtunity for my company.
Officer told me "I'm 'giving' you a 6 month stay now, but don't even think
of applying for extn and for your next visit don't 'expect' a 6 month stay!"
I gathered my stuff and quietly left.
My qns:
1) Is there any law that states the length of time between 2 consecutive
visits?
2) My current I94 ends in July 2004. I would like to come back again in
Jan-Feb 2005, will I be hassled again?
Thanks!
Extensions and long visits are a cause for concern because most people can't take a 1 year vacation without working. The burden of proof is on you to demonstrate that you can visit the US for so long without working.
Jun 30th 2004, 11:37 am
#4
Guest
Posts: n/a
Re: 10 yr B1/B2 visa -- trouble at PoE
>Subject: 10 yr B1/B2 visa -- trouble at PoE
>From: "John Ried" [email protected]
>Date: 6/30/2004 6:06 PM Eastern Standard Time
>Message-id: <1088633362.751267@sj-nntpcache-3>
>Hello all,
>I'm here on a 10yr B1/B2 visa. I have a couple of qns. But first, here's
>some background info:
>1) First visit to US in July 2000 -- Got 6 month I94 -- Left in 5 months
>2)Second visit in Apr 2001 -- Got 6 month I94 -- Applied for 6 month extn of
>stay -- extn granted--left Apr 2002.
>3)Third visit Jan 2003-- Got 6 month I94-- Applied for 6 month extn of
>stay -- Extn Denied -- left with 7days of receiving denial letter (Aug 2003)
>4) Current visit -- Feb 2004 -- Immigration officer at POE sent me for an
>interview to his Senior officer.
>Senior Officer asked me why I was "practically living in the US"? I said I
>have no such intentions (which is true). But most of my family is here now
>(since 1999) and I also have some financial investments here. I have plenty
>of assets back home, own a popular internet company and no intention to
>desert them. I come here to visit family and to look for any business
>oppurtunity for my company.
>Officer told me "I'm 'giving' you a 6 month stay now, but don't even think
>of applying for extn and for your next visit don't 'expect' a 6 month stay!"
>I gathered my stuff and quietly left.
>My qns:
>1) Is there any law that states the length of time between 2 consecutive
>visits?
>2) My current I94 ends in July 2004. I would like to come back again in
>Jan-Feb 2005, will I be hassled again?
Definitely. You have lived here for 29 months out of the four years. It is
almost guaranteed that your next visit will be extremely short. Perhaps on the
order of a few days, if at all. They might simply deny you entry.
>From: "John Ried" [email protected]
>Date: 6/30/2004 6:06 PM Eastern Standard Time
>Message-id: <1088633362.751267@sj-nntpcache-3>
>Hello all,
>I'm here on a 10yr B1/B2 visa. I have a couple of qns. But first, here's
>some background info:
>1) First visit to US in July 2000 -- Got 6 month I94 -- Left in 5 months
>2)Second visit in Apr 2001 -- Got 6 month I94 -- Applied for 6 month extn of
>stay -- extn granted--left Apr 2002.
>3)Third visit Jan 2003-- Got 6 month I94-- Applied for 6 month extn of
>stay -- Extn Denied -- left with 7days of receiving denial letter (Aug 2003)
>4) Current visit -- Feb 2004 -- Immigration officer at POE sent me for an
>interview to his Senior officer.
>Senior Officer asked me why I was "practically living in the US"? I said I
>have no such intentions (which is true). But most of my family is here now
>(since 1999) and I also have some financial investments here. I have plenty
>of assets back home, own a popular internet company and no intention to
>desert them. I come here to visit family and to look for any business
>oppurtunity for my company.
>Officer told me "I'm 'giving' you a 6 month stay now, but don't even think
>of applying for extn and for your next visit don't 'expect' a 6 month stay!"
>I gathered my stuff and quietly left.
>My qns:
>1) Is there any law that states the length of time between 2 consecutive
>visits?
>2) My current I94 ends in July 2004. I would like to come back again in
>Jan-Feb 2005, will I be hassled again?
Definitely. You have lived here for 29 months out of the four years. It is
almost guaranteed that your next visit will be extremely short. Perhaps on the
order of a few days, if at all. They might simply deny you entry.
Jun 30th 2004, 11:40 am
#5
Guest
Posts: n/a
Re: 10 yr B1/B2 visa -- trouble at PoE
John Ried wrote:
> Hello all,
>
> I'm here on a 10yr B1/B2 visa. I have a couple of qns. But first, here's
> some background info:
>
> 1) First visit to US in July 2000 -- Got 6 month I94 -- Left in 5 months
> 2)Second visit in Apr 2001 -- Got 6 month I94 -- Applied for 6 month extn of
> stay -- extn granted--left Apr 2002.
> 3)Third visit Jan 2003-- Got 6 month I94-- Applied for 6 month extn of
> stay -- Extn Denied -- left with 7days of receiving denial letter (Aug 2003)
> 4) Current visit -- Feb 2004 -- Immigration officer at POE sent me for an
> interview to his Senior officer.
>
> Senior Officer asked me why I was "practically living in the US"? I said I
> have no such intentions (which is true). But most of my family is here now
> (since 1999) and I also have some financial investments here. I have plenty
> of assets back home, own a popular internet company and no intention to
> desert them. I come here to visit family and to look for any business
> oppurtunity for my company.
>
> Officer told me "I'm 'giving' you a 6 month stay now, but don't even think
> of applying for extn and for your next visit don't 'expect' a 6 month stay!"
> I gathered my stuff and quietly left.
>
> My qns:
> 1) Is there any law that states the length of time between 2 consecutive
> visits?
No, there is no law.
> 2) My current I94 ends in July 2004. I would like to come back again in
> Jan-Feb 2005, will I be hassled again?
Probably.
To enter the US as a visitor, you must not show immigrant intent. The
officer made the comment that you were practically living in the US.
The more frequent your visits and the longer the duration of those
visits, the more that suspicion of practically living in the US grows.
By the time you depart, you'll have been in the US 2 1/2 years in the
last 4 ... sure looks like you've been living in the US not the UK which
spells "immigrant intent".
You can have all the assets in the world but the facts of where you've
been speak for themselves.
The fact that you own an internet company is clearly irrelevent since
you can and obviously have been running it from the USA.
> Hello all,
>
> I'm here on a 10yr B1/B2 visa. I have a couple of qns. But first, here's
> some background info:
>
> 1) First visit to US in July 2000 -- Got 6 month I94 -- Left in 5 months
> 2)Second visit in Apr 2001 -- Got 6 month I94 -- Applied for 6 month extn of
> stay -- extn granted--left Apr 2002.
> 3)Third visit Jan 2003-- Got 6 month I94-- Applied for 6 month extn of
> stay -- Extn Denied -- left with 7days of receiving denial letter (Aug 2003)
> 4) Current visit -- Feb 2004 -- Immigration officer at POE sent me for an
> interview to his Senior officer.
>
> Senior Officer asked me why I was "practically living in the US"? I said I
> have no such intentions (which is true). But most of my family is here now
> (since 1999) and I also have some financial investments here. I have plenty
> of assets back home, own a popular internet company and no intention to
> desert them. I come here to visit family and to look for any business
> oppurtunity for my company.
>
> Officer told me "I'm 'giving' you a 6 month stay now, but don't even think
> of applying for extn and for your next visit don't 'expect' a 6 month stay!"
> I gathered my stuff and quietly left.
>
> My qns:
> 1) Is there any law that states the length of time between 2 consecutive
> visits?
No, there is no law.
> 2) My current I94 ends in July 2004. I would like to come back again in
> Jan-Feb 2005, will I be hassled again?
Probably.
To enter the US as a visitor, you must not show immigrant intent. The
officer made the comment that you were practically living in the US.
The more frequent your visits and the longer the duration of those
visits, the more that suspicion of practically living in the US grows.
By the time you depart, you'll have been in the US 2 1/2 years in the
last 4 ... sure looks like you've been living in the US not the UK which
spells "immigrant intent".
You can have all the assets in the world but the facts of where you've
been speak for themselves.
The fact that you own an internet company is clearly irrelevent since
you can and obviously have been running it from the USA.
Jun 30th 2004, 8:19 pm
#6
Guest
Posts: n/a
Re: 10 yr B1/B2 visa -- trouble at PoE
"John Ried" <[email protected]> wrote in message
news:1088633362.751267@sj-nntpcache-3...
> I'm here on a 10yr B1/B2 visa. I have a couple of qns. But first, here's
> some background info:
> 1) First visit to US in July 2000 -- Got 6 month I94 -- Left in 5 months
> 2)Second visit in Apr 2001 -- Got 6 month I94 -- Applied for 6 month extn
of
> stay -- extn granted--left Apr 2002.
> 3)Third visit Jan 2003-- Got 6 month I94-- Applied for 6 month extn of
> stay -- Extn Denied -- left with 7days of receiving denial letter (Aug
2003)
> 4) Current visit -- Feb 2004 -- Immigration officer at POE sent me for an
> interview to his Senior officer.
> Senior Officer asked me why I was "practically living in the US"? I said I
> have no such intentions (which is true). But most of my family is here now
> (since 1999) and I also have some financial investments here. I have
plenty
> of assets back home, own a popular internet company and no intention to
> desert them. I come here to visit family and to look for any business
> oppurtunity for my company.
> Officer told me "I'm 'giving' you a 6 month stay now, but don't even think
> of applying for extn and for your next visit don't 'expect' a 6 month
stay!"
> I gathered my stuff and quietly left.
> My qns:
> 1) Is there any law that states the length of time between 2 consecutive
> visits?
No.
> 2) My current I94 ends in July 2004. I would like to come back again in
> Jan-Feb 2005, will I be hassled again?
Yes.
news:1088633362.751267@sj-nntpcache-3...
> I'm here on a 10yr B1/B2 visa. I have a couple of qns. But first, here's
> some background info:
> 1) First visit to US in July 2000 -- Got 6 month I94 -- Left in 5 months
> 2)Second visit in Apr 2001 -- Got 6 month I94 -- Applied for 6 month extn
of
> stay -- extn granted--left Apr 2002.
> 3)Third visit Jan 2003-- Got 6 month I94-- Applied for 6 month extn of
> stay -- Extn Denied -- left with 7days of receiving denial letter (Aug
2003)
> 4) Current visit -- Feb 2004 -- Immigration officer at POE sent me for an
> interview to his Senior officer.
> Senior Officer asked me why I was "practically living in the US"? I said I
> have no such intentions (which is true). But most of my family is here now
> (since 1999) and I also have some financial investments here. I have
plenty
> of assets back home, own a popular internet company and no intention to
> desert them. I come here to visit family and to look for any business
> oppurtunity for my company.
> Officer told me "I'm 'giving' you a 6 month stay now, but don't even think
> of applying for extn and for your next visit don't 'expect' a 6 month
stay!"
> I gathered my stuff and quietly left.
> My qns:
> 1) Is there any law that states the length of time between 2 consecutive
> visits?
No.
> 2) My current I94 ends in July 2004. I would like to come back again in
> Jan-Feb 2005, will I be hassled again?
Yes.
Jul 1st 2004, 4:19 am
#7
Forum Regular
Joined: Dec 2003
Location: Los Angeles, CA, USA
Posts: 51
Re: 10 yr B1/B2 visa -- trouble at PoE
Originally posted by John Ried
Hello all,
I'm here on a 10yr B1/B2 visa. I have a couple of qns. But first, here's
some background info:
1) First visit to US in July 2000 -- Got 6 month I94 -- Left in 5 months
2)Second visit in Apr 2001 -- Got 6 month I94 -- Applied for 6 month extn of
stay -- extn granted--left Apr 2002.
3)Third visit Jan 2003-- Got 6 month I94-- Applied for 6 month extn of
stay -- Extn Denied -- left with 7days of receiving denial letter (Aug 2003)
4) Current visit -- Feb 2004 -- Immigration officer at POE sent me for an
interview to his Senior officer.
Senior Officer asked me why I was "practically living in the US"? I said I
have no such intentions (which is true). But most of my family is here now
(since 1999) and I also have some financial investments here. I have plenty
of assets back home, own a popular internet company and no intention to
desert them. I come here to visit family and to look for any business
oppurtunity for my company.
Officer told me "I'm 'giving' you a 6 month stay now, but don't even think
of applying for extn and for your next visit don't 'expect' a 6 month stay!"
I gathered my stuff and quietly left.
My qns:
1) Is there any law that states the length of time between 2 consecutive
visits?
2) My current I94 ends in July 2004. I would like to come back again in
Jan-Feb 2005, will I be hassled again?
Thanks!
Hello all,
I'm here on a 10yr B1/B2 visa. I have a couple of qns. But first, here's
some background info:
1) First visit to US in July 2000 -- Got 6 month I94 -- Left in 5 months
2)Second visit in Apr 2001 -- Got 6 month I94 -- Applied for 6 month extn of
stay -- extn granted--left Apr 2002.
3)Third visit Jan 2003-- Got 6 month I94-- Applied for 6 month extn of
stay -- Extn Denied -- left with 7days of receiving denial letter (Aug 2003)
4) Current visit -- Feb 2004 -- Immigration officer at POE sent me for an
interview to his Senior officer.
Senior Officer asked me why I was "practically living in the US"? I said I
have no such intentions (which is true). But most of my family is here now
(since 1999) and I also have some financial investments here. I have plenty
of assets back home, own a popular internet company and no intention to
desert them. I come here to visit family and to look for any business
oppurtunity for my company.
Officer told me "I'm 'giving' you a 6 month stay now, but don't even think
of applying for extn and for your next visit don't 'expect' a 6 month stay!"
I gathered my stuff and quietly left.
My qns:
1) Is there any law that states the length of time between 2 consecutive
visits?
2) My current I94 ends in July 2004. I would like to come back again in
Jan-Feb 2005, will I be hassled again?
Thanks!
You may well be hassled at port of entry. Also, you want to be careful that you are not going to be considered a US resident for purposes of taxation - which can happen if you spend 6 months plus 1 day in the US in any year, regardless of your immigration status. And if you have assets/investments here that could be an issue.
Possible solution - if you have a company in your home country, why not open a US branch office and get yourself an L-1 visa?
Jul 1st 2004, 5:26 am
#8
BE Enthusiast
Joined: Jan 2004
Location: Atlanta, GA
Posts: 771
Re: 10 yr B1/B2 visa -- trouble at PoE
Originally posted by CaledonCaliforn
Also, you want to be careful that you are not going to be considered a US resident for purposes of taxation - which can happen if you spend 6 months plus 1 day in the US in any year, regardless of your immigration status.
Also, you want to be careful that you are not going to be considered a US resident for purposes of taxation - which can happen if you spend 6 months plus 1 day in the US in any year, regardless of your immigration status.
that's not true. Students on F-1 and J-1 visas stay and work here for years and they are not considered residents for tax purposes. After 5 years they may choose to file as residents.
