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ESTA help needed, country of residence?

ESTA help needed, country of residence?

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Old May 21st 2014, 6:27 pm
  #16  
 
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Default Re: ESTA help needed, country of residence?

Originally Posted by BritInParis
..... Things like ESTA work on risk profiling and a non-Guatemalan citizen who claims to be residing in Guatemala will be flagged up and with no evidence of his legal immigration or employment status there is going to have a hard time explaining this.
That's kinda my point, and I suspect Ian's too, that, as a British citizen, I'd sooner disclose an extended presence (whether described as "living" or "visiting") in Gautemala and have the immigration officer wonder if I'd really been living in the UK, than vice versa and have the immigration officer wondering WTF I have been doing in Guatemala?
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Old May 21st 2014, 6:41 pm
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Default Re: ESTA help needed, country of residence?

Originally Posted by Pulaski
That's kinda my point, and I suspect Ian's too, that, as a British citizen, I'd sooner disclose an extended presence (whether described as "living" or "visiting") in Gautemala and have the immigration officer wonder if I'd really been living in the UK, than vice versa and have the immigration officer wondering WTF I have been doing in Guatemala?
For a visitor the IO will be considering the strength of ties to country of residence and the likelihood of the person to return there. If that's Guatemala then that's going to be difficult to do given his lack of immigration status, job, property or family there.

I guess that'll be down to the OP to decide. He's mentioning "living on and off" so the devil is in the details in terms of length of time spent outside the UK and each total visit to Guatemala. Less than six months in the last twelve I would still be putting UK. More than that then maybe consider putting Guatemala but he'll need to explain how he's been supporting himself without employment and remaining there legally without a residence permit.
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Old May 21st 2014, 7:14 pm
  #18  
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Default Re: ESTA help needed, country of residence?

Yes I was wondering if they'd ask: so why aren't you residing legally in Guatemala? Are you abusing the tourist visa system by living there but not adjusting your status? Avoiding tax...are you working illegally? How do you support yourself etc? Does that make the OP riskier?

Of course they might ask nothing at all! And if he's a return flight, going for the wedding, invitation in hand....
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Old May 21st 2014, 7:24 pm
  #19  
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Default Re: ESTA help needed, country of residence?

Originally Posted by IlAlfie
I was living in NYC...
...
I was not 'living' in the US.
With respect, these two statements are inherently contradictory.


That's the US immigration distinction, not mine.
With respect, their distinction is the only one that actually matters - whether you agree with it or not.


Have to disagree with that as per my example above.
Since you can't actually disagree with my 3 rules and you can't disagree with my asking him where he lives, I can only surmise that you disagree that him having a British passport isn't as cut an dried I suggest it is.

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Old May 24th 2014, 4:29 pm
  #20  
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Default Re: ESTA help needed, country of residence?

Originally Posted by ian-mstm
With respect, these two statements are inherently contradictory.



With respect, their distinction is the only one that actually matters - whether you agree with it or not.



Since you can't actually disagree with my 3 rules and you can't disagree with my asking him where he lives, I can only surmise that you disagree that him having a British passport isn't as cut an dried I suggest it is.

Ian
The use of quotation marks indicates that there is a difference between the two terms. Perhaps that was too subtle for you to pick up on.


Their distinction is the ONLY one that matters, which was what I was trying to tell the OP. It didn't matter what I felt or what was evident from the practicalities of spending 99% of my time in the US.

So I still disagree with your 3 rules. He may be living in Guatemala in HIS mind but I would think that any immigration official in any country might find a different interpretation.
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Old May 24th 2014, 4:57 pm
  #21  
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Default Re: ESTA help needed, country of residence?

Life would be so much easier if the instructions were worded like this:

"Enter the name of a country to which we can, if necessary, deport you and which is, under its own laws, obliged to take you."
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