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How long can I stay as a visitor in America

How long can I stay as a visitor in America

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Old Oct 18th 2013, 10:37 pm
  #16  
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Default Re: How long can I stay as a visitor in America

Originally Posted by jeffreyhy
Point of Clarification: What visa he held was not the determining factor. Some people who are correctly issued a CR-1 visa are correctly accorded IR-1 status when they enter the USA.

Regards, JEff
True; specifically if they hit their 2-year wedding anniversary in between the awarding of the CR-1 visa and the immigrant's entry into the US. That wasn't our case, though, and the error was made on at least hundreds or more of green cards issued around the same time as my husband's. We wound up having to send the card back and get it replaced with the proper 2-year card (at no charge because it was truly their error).
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Old Oct 18th 2013, 10:38 pm
  #17  
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Default Re: How long can I stay as a visitor in America

I'm fairly certain the computer would have recorded a 90 day admission. I suppose if they see the stamp down the road they could suspect that the passport holder wrote in the date themselves.

As has been pointed out, an error would not benefit the traveler and there is almost zero appeal of decisions related to the Visa Waiver Program.

As for the 10-year conditional green card, I heard that CIS printed a two or three thousand 10 yr conditional cards by mistake.
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Old Oct 18th 2013, 10:52 pm
  #18  
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Default Re: How long can I stay as a visitor in America

Originally Posted by Noorah101
Yes, even if it was their mistake. The US Government is not held responsible when it makes a mistake like that. The onus is on the traveller to know what's allowed or not allowed.


As others have said, it doesn't matter what the stamp says...90 days is the limit on VWP travel.

Rene
I am assisting an attorney regarding an H-1b denial. The situation is opposite of the one discussed here -- the error was too short an admission.

The POE last admitted her to the date of expiry of her passport even though the visa and petition was valid for 8 months beyond that. This was in clear error -- it is the petition expiry that controls. Of course, the employer has no idea what happened at the POE and applies timely based upon expiry of the petition. CIS says, tough, the mistaken expiry date is controlling.

To further complicate matters, CIS quotes the regulations, or at least they purport to do so. Only problem is that the actual regulation is different from what is quoted.

Ever wonder why I refer to the "Dark Forces?"
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Old Oct 18th 2013, 10:59 pm
  #19  
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Default Re: How long can I stay as a visitor in America

Originally Posted by S Folinsky
I am assisting an attorney regarding an H-1b denial. The situation is opposite of the one discussed here -- the error was too short an admission.

The POE last admitted her to the date of expiry of her passport even though the visa and petition was valid for 8 months beyond that. This was in clear error -- it is the petition expiry that controls. Of course, the employer has no idea what happened at the POE and applies timely based upon expiry of the petition. CIS says, tough, the mistaken expiry date is controlling.

To further complicate matters, CIS quotes the regulations, or at least they purport to do so. Only problem is that the actual regulation is different from what is quoted.

Ever wonder why I refer to the "Dark Forces?"
I know the CFR says to limit H to the petition, but the dark forces often use the passport expiry date. Do you have a link handy to clear guidance on the subject?
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Old Oct 18th 2013, 11:28 pm
  #20  
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Default Re: How long can I stay as a visitor in America

Thread got out of hand. Closed.

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