How long can I stay as a visitor in America
#16
Re: How long can I stay as a visitor in America
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).
#17
American Expat
Joined: Jan 2004
Posts: 7,598
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.
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.
#18
Re: How long can I stay as a visitor in America
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
As others have said, it doesn't matter what the stamp says...90 days is the limit on VWP travel.
Rene
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?"
#19
American Expat
Joined: Jan 2004
Posts: 7,598
Re: How long can I stay as a visitor in America
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?"
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?"