L1/2 pending, visit on VWP?

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Old Aug 28th 2007, 2:18 pm
  #1  
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Default L1/2 pending, visit on VWP?

Hi all, our L1/2 visa applications are pending - interview early October.

We are due to go out to the US this weekend to house hunt for 1 week, before returning home to finish the rest of the visa process and finish off everything at home.

Therefore this visit would be under the VWP for us all(We will have our 2 very young kids with us as i cant leave them behind).

What I was wondering is what we should say to the immigration person at the POE. Clearly we do have immigration intent - but we are mid process and are there to houshunt for a week only with every intention to return to UK until visa formally sorted. We will have round trip tickets/ hotels and car booked for corresponding times etc.

Is it likely we will be challenged? How is the best way of handling it? I know we shouldnt volunteer anything unless asked - but also not to lie -but wondered if saying 'househunting' as a reason was going to open a can of worms.
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Old Aug 28th 2007, 9:43 pm
  #2  
J. J. Farrell
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Default Re: L1/2 pending, visit on VWP?

On Aug 28, 3:18 pm, MsElui <[email protected]> wrote:
> Hi all, our L1/2 visa applications are pending - interview early
> October.
>
> We are due to go out to the US this weekend to house hunt for 1 week,
> before returning home to finish the rest of the visa process and finish
> off everything at home.
>
> Therefore this visit would be under the VWP for us all(We will have our
> 2 very young kids with us as i cant leave them behind).
>
> What I was wondering is what we should say to the immigration person at
> the POE.

The truth, as always.

> Clearly we do have immigration intent

There's nothing "clear" about that. L1/2 is a temporary worker visa,
not an immigrant visa. It allows "dual intent" so you can apply to
immigrate while in the USA as an L, but isn't itself an immigrant
visa. Applying for or holding an L visa does not imply immigrant
intent.

If you have immigrant intent then I should do your best to forget
about it during this visit. The thing to be crystal clear about in
your own mind is that you do not intend to immigrate during this trip.

> - but we are mid process
> and are there to houshunt for a week only with every intention to return
> to UK until visa formally sorted. We will have round trip tickets/
> hotels and car booked for corresponding times etc.
>
> Is it likely we will be challenged?

No more likely than for others.

> How is the best way of handling it?

Tell the truth; you've applied for L visas to let you come and work in
the USA temporarily for a few years, and you're making a short trip
now in advance of that to look at possible accomodation.

> I know we shouldnt volunteer anything unless asked - but also not to lie
> -but wondered if saying 'househunting' as a reason was going to open a
> can of worms.

No particular reason why it should. Be clear that this is a short trip
to have a look at houses in the hope that your L visas will be
approved in a few weeks time.
 
Old Aug 28th 2007, 9:45 pm
  #3  
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Default Re: L1/2 pending, visit on VWP?

Originally Posted by MsElui
What I was wondering is what we should say to the immigration person at the POE.
You tell the truth... simply and without embellishment, just as you've done here. Don't volunteer any information, but if you are asked a direct question, give a direct answer. Ultimately, it'll be up to the officer whether or not to admit you.

Ian
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