Extend Visitor Visa

Old Oct 12th 2005, 4:13 pm
  #1  
Rob
Guest
 
Posts: n/a
Default Extend Visitor Visa

My brother is visiting me here in the USA. He entered the USA with the
Visa Waiver Program. His 90 day period is going to expire in about a
month. He would like to extend his stay by a couple of months to
experience all the upcoming holidays (Thanksgiving, X-mas, New Years).
What kind of options does he have if any?

Thanks
 
Old Oct 12th 2005, 4:40 pm
  #2  
Failed Expat ;-)
 
NJ_Dave's Avatar
 
Joined: Aug 2004
Location: (Great) Britain
Posts: 7,392
NJ_Dave has a reputation beyond reputeNJ_Dave has a reputation beyond reputeNJ_Dave has a reputation beyond reputeNJ_Dave has a reputation beyond reputeNJ_Dave has a reputation beyond reputeNJ_Dave has a reputation beyond reputeNJ_Dave has a reputation beyond reputeNJ_Dave has a reputation beyond reputeNJ_Dave has a reputation beyond reputeNJ_Dave has a reputation beyond reputeNJ_Dave has a reputation beyond repute
Default Re: Extend Visitor Visa

Originally Posted by Rob
My brother is visiting me here in the USA. He entered the USA with the
Visa Waiver Program. His 90 day period is going to expire in about a
month. He would like to extend his stay by a couple of months to
experience all the upcoming holidays (Thanksgiving, X-mas, New Years).
What kind of options does he have if any?

Thanks
None whatsoever
NJ_Dave is offline  
Old Oct 12th 2005, 5:18 pm
  #3  
 
meauxna's Avatar
 
Joined: Apr 2002
Posts: 35,082
meauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond repute
Default Re: Extend Visitor Visa

Originally Posted by Rob
My brother is visiting me here in the USA. He entered the USA with the
Visa Waiver Program. His 90 day period is going to expire in about a
month. He would like to extend his stay by a couple of months to
experience all the upcoming holidays (Thanksgiving, X-mas, New Years).
What kind of options does he have if any?

Thanks
The VWP can not be extended in any way, shape or form.
meauxna is offline  
Old Oct 12th 2005, 5:44 pm
  #4  
@matthewb76
 
Manc's Avatar
 
Joined: Jul 2003
Location: Missouri
Posts: 21,886
Manc has a reputation beyond reputeManc has a reputation beyond reputeManc has a reputation beyond reputeManc has a reputation beyond reputeManc has a reputation beyond reputeManc has a reputation beyond reputeManc has a reputation beyond reputeManc has a reputation beyond reputeManc has a reputation beyond reputeManc has a reputation beyond reputeManc has a reputation beyond repute
Default Re: Extend Visitor Visa

Originally Posted by Rob
My brother is visiting me here in the USA. He entered the USA with the
Visa Waiver Program. His 90 day period is going to expire in about a
month. He would like to extend his stay by a couple of months to
experience all the upcoming holidays (Thanksgiving, X-mas, New Years).
What kind of options does he have if any?

Thanks
fly home for a few weeks and come back just before thanksgiving.
Manc is offline  
Old Oct 12th 2005, 6:10 pm
  #5  
Rob
Guest
 
Posts: n/a
Default Re: Extend Visitor Visa

I'm not sure this is true. This is what I found on www.cbp.gov
regarding returning
from a short trip to Canada and Mexico:

"This is provided they are otherwise admissible and meet all the
conditions of the VWP, with the exception of arrival on a signatory
carrier, in which case the inspecting officers have the discretion to
grant the applicants entirely new periods of admission."

There's no guarantee for this for sure. Nevertheless, at least it does
nto seem to be true that there is no way whatsoever. The question is
what are the chances doing this? Another option might be to leave for
another country then Mexico or Canada in which case they would remove
the form in his passport. In this case I would think he could get
another 90 days, right?

Thanks
 
Old Oct 12th 2005, 6:34 pm
  #6  
Septicity
 
fatbrit's Avatar
 
Joined: May 2004
Posts: 23,762
fatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond repute
Default Re: Extend Visitor Visa

Originally Posted by Rob
I'm not sure this is true. This is what I found on www.cbp.gov
regarding returning
from a short trip to Canada and Mexico:

"This is provided they are otherwise admissible and meet all the
conditions of the VWP, with the exception of arrival on a signatory
carrier, in which case the inspecting officers have the discretion to
grant the applicants entirely new periods of admission."

There's no guarantee for this for sure. Nevertheless, at least it does
nto seem to be true that there is no way whatsoever. The question is
what are the chances doing this? Another option might be to leave for
another country then Mexico or Canada in which case they would remove
the form in his passport. In this case I would think he could get
another 90 days, right?

Thanks
Down to luck on the day, but he probably won't get another 90 days. You're playing with fire here! Does your brother wish this to be his last trip out to see you?
fatbrit is offline  
Old Oct 12th 2005, 8:59 pm
  #7  
Forum Regular
 
Joined: Oct 2004
Posts: 36
dandc is an unknown quantity at this point
Default Re: Extend Visitor Visa

Originally Posted by Rob
I'm not sure this is true. This is what I found on www.cbp.gov
regarding returning
from a short trip to Canada and Mexico:
Whilst he would not exactly be breaking any immigration laws, this kind of action is against the spirit of the VWP, which is intended for short, infrequent trips to the US.

I guess it would really depend on the Officer at the Point Of Entry - one might scrutinize his immigration history more closely than another. Plenty of people use the VWP on a very regular basis and never have any problems, however the hop across the northern border and back is a risky thing to attempt as it could impact his freedom to visit you in the future.

Let us know what happens!
dandc is offline  
Old Oct 12th 2005, 11:48 pm
  #8  
crg
American Expat
 
Joined: Jan 2004
Posts: 7,598
crg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond repute
Default Re: Extend Visitor Visa

Originally Posted by Rob
I'm not sure this is true. This is what I found on www.cbp.gov
regarding returning
from a short trip to Canada and Mexico:

"This is provided they are otherwise admissible and meet all the
conditions of the VWP, with the exception of arrival on a signatory
carrier, in which case the inspecting officers have the discretion to
grant the applicants entirely new periods of admission."

There's no guarantee for this for sure. Nevertheless, at least it does
nto seem to be true that there is no way whatsoever. The question is
what are the chances doing this? Another option might be to leave for
another country then Mexico or Canada in which case they would remove
the form in his passport. In this case I would think he could get
another 90 days, right?

Thanks
That stipulation is usually reserved for those who are not canadian or landed in Canada but are in Canada as students or temporary workers. They get the new period of admission. Seeking to jump to Canada and back solely to get a new 90 is frowned upon. The officers consider it comparable to someone dropping a big hot turd on their desk. It is frowned upon. They do have discretion to grant the new 90 days, but they also have the discretion to summarily bounce the person who attempts it.
crg is offline  
Old Oct 13th 2005, 4:28 am
  #9  
Account Closed
 
Joined: Mar 2004
Posts: 0
scrubbedexpat099 is an unknown quantity at this point
Default Re: Extend Visitor Visa

Originally Posted by crg14624
That stipulation is usually reserved for those who are not canadian or landed in Canada but are in Canada as students or temporary workers. They get the new period of admission. Seeking to jump to Canada and back solely to get a new 90 is frowned upon. The officers consider it comparable to someone dropping a big hot turd on their desk. It is frowned upon. They do have discretion to grant the new 90 days, but they also have the discretion to summarily bounce the person who attempts it.
We are getting off topic, but I have a friend who has been doing it for years on a B2.

Usually you would get the rest of your original I94.

You alos of coure have the onward travel issue.
scrubbedexpat099 is offline  
Old Oct 13th 2005, 10:33 am
  #10  
Rob
Guest
 
Posts: n/a
Default Re: Extend Visitor Visa

While there is a chance my brother could get another 90 days by going
to Canada the best approach seems to be going back to his country and
then return after a week or two. What is most important to him is that
he can come and visit me again on a VWP in the future. Therefore,
risking to get into conflict with any laws is not the way to go. It is
also very unlikely he will ever want/is able to stay more then a couple
of weeks in the future. In any case, what are the chances for him to
get rejected on the VWP if he returns 1-2 weeks following a stay of 90
days in the US? Would it be better for him to request a 3 month tourist
visa? The later is not prefered as it might take too long.

Thanks
 
Old Oct 13th 2005, 12:18 pm
  #11  
crg
American Expat
 
Joined: Jan 2004
Posts: 7,598
crg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond repute
Default Re: Extend Visitor Visa

Originally Posted by Rob
While there is a chance my brother could get another 90 days by going
to Canada the best approach seems to be going back to his country and
then return after a week or two. What is most important to him is that
he can come and visit me again on a VWP in the future. Therefore,
risking to get into conflict with any laws is not the way to go. It is
also very unlikely he will ever want/is able to stay more then a couple
of weeks in the future. In any case, what are the chances for him to
get rejected on the VWP if he returns 1-2 weeks following a stay of 90
days in the US? Would it be better for him to request a 3 month tourist
visa? The later is not prefered as it might take too long.

Thanks

It's not unheard of. He should be orepared to show ties to his home country if asked. He should have rent/mortgage/lease receipts, evidence of employment/educational ties, utility bills, tax returns, bank statements and things like that. He may have to prove that he has the means to take such a long vacation and that he will return home. The more visits strung together, the more chance of a big problem.
crg is offline  
Old Oct 13th 2005, 7:30 pm
  #12  
Kevin Keane
Guest
 
Posts: n/a
Default Re: Extend Visitor Visa

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

rob wrote:

    > While there is a chance my brother could get another 90 days by going
    > to Canada the best approach seems to be going back to his country and
    > then return after a week or two. What is most important to him is that
    > he can come and visit me again on a VWP in the future. Therefore,
    > risking to get into conflict with any laws is not the way to go. It is
    > also very unlikely he will ever want/is able to stay more then a couple
    > of weeks in the future. In any case, what are the chances for him to
    > get rejected on the VWP if he returns 1-2 weeks following a stay of 90
    > days in the US? Would it be better for him to request a 3 month tourist
    > visa? The later is not prefered as it might take too long.

It would be better for him to stay in his home country for far longer than a
week or two. In fact, the general rule of thumb that I tell people is to
only use the 90 days once in a twelve-month period. Maybe he can enjoy all
your holidays in 2006?

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
-----BEGIN PGP SIGNATURE-----
Version: GnuPG v1.4.0 (GNU/Linux)

iD8DBQFDTqe1yUlVTFdHXskRAgSOAJ9EnbyGtCp0Z35ETo08o2 3sb+slLACeJwfw
UhmAttR/NNsw7ib3J9Z6bUU=
=W3jh
-----END PGP SIGNATURE-----
 
Old Oct 13th 2005, 7:57 pm
  #13  
Account Closed
 
Joined: Mar 2004
Posts: 0
scrubbedexpat099 is an unknown quantity at this point
Default Re: Extend Visitor Visa

I used it 2 or 3 times a year for many years, but all short visits.
scrubbedexpat099 is offline  
Old Oct 15th 2005, 5:58 pm
  #14  
Just Joined
 
Joined: Aug 2005
Location: Currently UK
Posts: 23
JenniferB has a brilliant futureJenniferB has a brilliant futureJenniferB has a brilliant futureJenniferB has a brilliant futureJenniferB has a brilliant futureJenniferB has a brilliant future
Default Re: Extend Visitor Visa

Your brother should not stay beyond the 90 days. He should go back home and try to maybe look for a work visa opportunity or something.

If he tries to get a "Visitor Visa" from the Embassy he must show strong ties to his country.

My (now) husband tried to do this back when we were dating and was refused a Visa and they kept his money as well. So your brother needs to show that he has a job and that he owns a place to live in. I say "owns" and not "rent" because this is why my husband was refused a visa. The embassy is very strict as to who gets a visa and who does not.

Sorry this is not what you want to hear but its the law.


P.S. My brother-in-law is illegally living in the U.S. (stayed past his 90 days) and I cannot express how ticked off my husband and I are about it because he has no regard for any laws. He's excommunicated us as well.
JenniferB is offline  
Old Oct 15th 2005, 11:47 pm
  #15  
Account Closed
 
Joined: Mar 2004
Posts: 0
scrubbedexpat099 is an unknown quantity at this point
Default Re: Extend Visitor Visa

Originally Posted by JenniferB
He's excommunicated us as well.
Why did he not go for a R Visa?
scrubbedexpat099 is offline  

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information -

Copyright © 2022 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.