S Folinsky

You are very welcome. Good luck.

pigletsweet

Oh btw people,

Should I advise Dad and Mum for Mum to get a B2 or VWP?? I am still confused with this.

Mum is British only..dad brit/can with both passports. Soon as he is workign in the USA mum will be his dependant as it were.

I have heard of people being rejected on a B2. Despite the fact they will be there long term in the USA (Possibly through green card status) they will still have some british bank accounts and a property here in the UK.

I wouldnt want mum to be denied a B2 if VWP is safer.

lifehouse51

The general advice for a working age person from a Visa Waiver Program country is to stick with VWP unless there's a good reason for going for B2. Some UK citizens have posted here who were successful in getting B2 for retirement travels. Other posters have suggested that cohabitants B2 could be an option for unmarried signifcant others of someone who's in the U.S. on another status.

Note that if your mom entered the U.S. via Visa Waiver, she's not supposed to adjust to another status (Such as TD) while inside the U.S. She's supposed to exit the U.S. and apply for the new status at a U.S. consulate/embassy overseas. Also, travelling from the U.S. to Canada or Mexico or an adjacent country does not "reset" the day limit for that visit.

My personal opinion is for your mom to go for Visa Waiver (90 Days/max per visit); your dad can enter the U.S. without a visa with his Canadian passport (180 days/max per visit). Canadian nationals do not participate in the Visa Waiver Program but can enter the U.S. visa-free under different legislation. Since Canadians are admitted on B-2 Status, technically it's possible for them to adjust to another status (such as TN) within the U.S., from what I understand.

pigletsweet

Oooo Lifehouse

Thank you!

I just posted another Q about denial and such things.

How many times can Mum use a VWP? Does she have to stay out the US for any specific length of time before returning?

lifehouse51

See my answers on the other thread. I personally have used VWP for 3 times between summer of 2009 and now, and didn't have any problem. My stay lengths were 3 weeks, one month, and 2 weeks.

crg

I believe you meant to say visa instead of I-94. Canadian F-1 and H-1B must be documented with an I-94. They don't need the visa itself.

Also, Canadians who are admitted without an I-94, remain over the 180 days without authorization, and are caught in the US would be removable for failure to comply 237(a)(1)(C) INA despite being insulated from the 3 and 10 year overstay bar. So I wouldn't say they are admitted for "no time is specified at all". If caught in the US after the 180 days and ordered removed, they would get a 10yr bar for that.

pigletsweet

Thank you crg.

Most helpfull....i do appreciate your advice.

ian-mstm

Except... 6 months does NOT equal 180 days. It's important for people (especially newbies) to understand the difference.

Ian

Emily B

I really wonder if it is crucial your brother start his school in FL this July or if it is better to wait until your mom has got her visa sorted out?

I could imagine when she arrives at the PoE using VWP, if she is asked as to the purpose of her trip, she will have to say she is visiting her son who is at school locally. The PoE could then ask her, why is her son going to school in the US? Dependent on your mom's response. I believe POE could feel that your mother does have migratory intent.

Off course, nothing may happen at the PoE, but I could definitely see something like that.

I also agree with others that B2 is not going to be probably the right option for your mom at this time. B2 visas are principally for tourism or medical purposes. It is possible, but this up to ConOff, to obtain a B2 visa if the parent is not a USC to use that B2 visa to accompany a USC minor to the US, so that USC minor can amongst other things attend school. However, a B2 visa is only valid for 180 days per entry and still requires the holder to spend as much time out of the country as in the country. And you can not apply for a B2 visa if you have migratory intent. It is non immigrant visa.

I would suggest talking with an immigration lawyer.

pigletsweet

Hi.

Thanks for that, you have a good point..Thats the kind of advice I do need.

Because of my brothers age he either has to stay here and complete his study or go now since if they do not go now Mum and Dad will have to wait until he is 16. The problem here is at 16 you can leave home and that is not a wise option at that age..certainly not for my brother.

Mum and Dad will retire to the states..since dad is canadian citizen/british citz..he will still work in the states on H1B with view to GC. Unfortunately he is in the process of doing that now so Mum will be his dependant..is it? on a TD Or possibly other visa. Hence they will be taking my brother anyway. I guess they do not want to up and move him in the middle of a term.

I do know they are all going over together in the summer and Dad is takin a couple of months off work to have some medical stuff done..during which time he will be caring for my brother I believe.

Your point of Mum going is a good one..I think I shall advise a lawyer.

Many Thanks for that.

Emily B

I am not clear as to whether your dad currently has a H1-B visa, because it seems a lot of things rest on his ability to obtain one. You mention that your parents are planning on retiring to the US, so that doesnt quite fit a H1-B visa... and by the way, there are others on this forum that know much more than I on H1-B visas.

I understand the difficulties with transferring between the US and UK schools. And maybe as stop gap, the best solution might be to enroll your brother in a school outside of the US which is following the US curriculum, and then when your parents visas are finalized, then he can easily transfer schools. There are such schools in the UK as well as in other countries.

Again, as you agree, your family needs to talk with a lawyer, so that they can really plan out this move, from a visa perspective.

lifehouse51

The impression I got was that pigletsweet's Step Dad wants to get a job in the U.S. through either TN or H1-B, then eventually get employment based Permanent Residency for the family. 2 things to note:

1. Not all H1-B/TN sponsors will also sponsor permanent residency petitions. Neither TN nor H1-B by themselves lead to a green card.

2. This is a quota on the number of employment-based permanent residency spots each year. For EB-1 and EB-2, there is very little wait time (Except EB-2 for Chinese and Indian natives). EB-3, however, has quite a wait time (This month, USCIS is processing EB-3 filed in February 2003!!!). My guess is your dad will fall into either EB-2 or EB-3, and that will make a big difference in terms of how long it'll take.

pigletsweet

Thanks Emily and to Lifehouse (your right with the info Lifehouse)

Yes Dad does some top end job so they are trying to switch him to the states frm canada. Hes never short of phone calls here in the UK of people wanting him to sort their firms out..he works with dubai firms and Vodaphone/siemens stuff like that so I think the work thing is sorted even if he leaves the work he is doing..your right though the prob lyes visa wise.

I think the safer bet is for him to gain his switch over or a new position before Mum accompanies him. Im hoping he can still take little one over though? If they enrol him again here they will face terms fees of a few grand and dad has already forked out fees for FL and got an F1 for the little one.

I can only hope the company will sponsor dad for a GC as tying it in before he signs the contract is vital...the good thing is that he has skills that very few people have which is why he is in high demand so I hope for him they sponsor him for a GC if they need him that badly.

I did try telling them he should secure his new work in the states first!

Thank you again

S Folinsky

Correction: the Canadian F-1 will get an I-94, but do not need a visa. Mea culpa.

Query: Where does the "180 days" come from? Personally, I think the B-2 admission is subject to the same regulatory time rules as a B-2 admission -- maximum of "one year" and a general minimum of "six months."

Notation: If one makes a mistake, it is OK to go "oops."

lifehouse51

A few people myself included were having brain fart recently