B1 denied, VWP possible???
#31
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: B1 denied, VWP possible???
Hi all,
Today I had the lovely experience of an interview with those people with improbable hair at the US Embassy London.
In spite of my healthy bank balance (upwards of £100k), that I own a profitable business but at present DO NOT own a house in UK, a business plan for the USA for an E2 visa in the future, my friend, despite being very friendly and having a couple of laughs with me denied my B1 that I was applying for to set up a business in USA.
Today I had the lovely experience of an interview with those people with improbable hair at the US Embassy London.
In spite of my healthy bank balance (upwards of £100k), that I own a profitable business but at present DO NOT own a house in UK, a business plan for the USA for an E2 visa in the future, my friend, despite being very friendly and having a couple of laughs with me denied my B1 that I was applying for to set up a business in USA.
Several comments.
I see what your lawyer was trying to accomplish.
Please note that there are often different strategies that may be pursued towards an immigration goal and the choice may be a judgment call. Lets put it this way, the LAWYERS have chat boards to figure this out. And it is not all uncommon to see three of the "best" lawyers to suggest three different strategies.
There are times where an attorney makes a true boneheaded mistake. However, there are many more times where the only "mistake" is there only in hindsight -- it didn't work.
Also, it is quite common for government practices and policies to change overnight without advance notice. The whole employment based visa fiasco from last summer is a prime example.
On the "ties" to the UK, it should be noted that the the US/UK treaty authorizing E-2 classification is unique -- it is open only to UK citizens who are "inhabitants" of the UK or Gibraltar.
Yes, the VWP does allow a person who has been denied a visa to enter, but it must be DISCLOSED on the rear of the I-94W -- check the right box with a "yes." And then you must be prepared to explain why -- you may want to stand in front of a mirror to 15 minutes a day for a week before rehearsing a short explanation.
I don't do E-2's. I do consult with another attorney who is expert in the area if I think an E-2 might be appropriate for a client and then make a referral if necessary. Pursuant to Rule 9 of the site rules, the following is an E-MAIL ADDRESS and NOT a web-url. It is NOT a referral to myself but to another lawyer. Please feel free to contact [email protected].
I want to make perfectly clear that the foregoing paragraph is intended to comply with the interpretation of Site Rule 9.
Good luck.
#32
Re: B1 denied, VWP possible???
Pursuant to Rule 9 of the site rules, the following is an E-MAIL ADDRESS and NOT a web-url. It is NOT a referral to myself but to another lawyer. Please feel free to contact [email protected].
I want to make perfectly clear that the foregoing paragraph is intended to comply with the interpretation of Site Rule 9.
Good luck.
I want to make perfectly clear that the foregoing paragraph is intended to comply with the interpretation of Site Rule 9.
Good luck.
Please do not post promotional/advertising messages, urls, nor specifics that would lead people to your site/product/service.
#33
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: B1 denied, VWP possible???
Thank you. I was not sure if the referral to "own website" was an example or meant as definition. [I need not go into rules of statutory construction -- this problem happens all the time in law].
BTW, many commercial websites have informational articles -- outside of the law, an example would be some of the DIY home-repair articles from Home Depot or Lowe's. I note that you advised Mr. Ortega of Rule 9 -- I think he was within the "spirit" of rule 9 in that he was giving a list of Immigration Lawyers in London -- although it included himself and was from his site, it DID give information valuable to members.
BTW, many commercial websites have informational articles -- outside of the law, an example would be some of the DIY home-repair articles from Home Depot or Lowe's. I note that you advised Mr. Ortega of Rule 9 -- I think he was within the "spirit" of rule 9 in that he was giving a list of Immigration Lawyers in London -- although it included himself and was from his site, it DID give information valuable to members.
#34
Re: B1 denied, VWP possible???
It was because he posted a link to his own site which was removed and that was why he was directed to the site rules. The link to the other site was left.
#35
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Joined: Sep 2002
Posts: 16,266
Re: B1 denied, VWP possible???
I understand that perfectly. I have read the rule, and it appears a tad vague [probably inadvertently]. You and the other powers-that-be might want to revisit the rule a little bit. A lot of immigration law firm websites have excellent descriptions of the system which I think that would be of benefit to posters. For example, if my good friend Alice Hunter was to join British Expats, it strikes me as being within the spirit of the purpose of the rule for her to post a link to http://www.yardum-hunter.com/Main/VisaOptions.asp . In contrast, a post to her "look at me" page would NOT be appropriate. http://www.yardum-hunter.com/Main/AboutUs.asp .
I have known Alice for years and I know that she is personally concerned about the dealings of those without lawyers in their dealings with the Government.
#36
Re: B1 denied, VWP possible???
Hi:
I understand that perfectly. I have read the rule, and it appears a tad vague [probably inadvertently]. You and the other powers-that-be might want to revisit the rule a little bit. A lot of immigration law firm websites have excellent descriptions of the system which I think that would be of benefit to posters. For example, if my good friend Alice Hunter was to join British Expats, it strikes me as being within the spirit of the purpose of the rule for her to post a link to http://www.yardum-hunter.com/Main/VisaOptions.asp . In contrast, a post to her "look at me" page would NOT be appropriate. http://www.yardum-hunter.com/Main/AboutUs.asp .
I have known Alice for years and I know that she is personally concerned about the dealings of those without lawyers in their dealings with the Government.
I understand that perfectly. I have read the rule, and it appears a tad vague [probably inadvertently]. You and the other powers-that-be might want to revisit the rule a little bit. A lot of immigration law firm websites have excellent descriptions of the system which I think that would be of benefit to posters. For example, if my good friend Alice Hunter was to join British Expats, it strikes me as being within the spirit of the purpose of the rule for her to post a link to http://www.yardum-hunter.com/Main/VisaOptions.asp . In contrast, a post to her "look at me" page would NOT be appropriate. http://www.yardum-hunter.com/Main/AboutUs.asp .
I have known Alice for years and I know that she is personally concerned about the dealings of those without lawyers in their dealings with the Government.
#37
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: B1 denied, VWP possible???
Hi:
Thank you for the clarification. As you know, I was confused by the past practice of the moderators to eliminate reference to ANY commercial site, whether or not it belonged to the poster. A literal reading of the first sentence of Rule 9 would allow for this if the second sentence is considered to be an example of what is prohibited rather than part of the definition.
Again, thanks for the clarification. It is appreciated.
Thank you for the clarification. As you know, I was confused by the past practice of the moderators to eliminate reference to ANY commercial site, whether or not it belonged to the poster. A literal reading of the first sentence of Rule 9 would allow for this if the second sentence is considered to be an example of what is prohibited rather than part of the definition.
Again, thanks for the clarification. It is appreciated.