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L1 approval whilst in the US on VWP

L1 approval whilst in the US on VWP

Old Mar 9th 2011, 12:04 am
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Default Re: L1 approval whilst in the US on VWP

Originally Posted by dwhittles
Are you sure? Can anyone else verify this? It seems beyond the remit of USCIS to specify where ones children are?
Since USCIS has nothing to do with this, I wouldn't be too sure.
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Old Mar 9th 2011, 12:31 am
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Default Re: L1 approval whilst in the US on VWP

Originally Posted by janette
I am not sure of the situation with children on an L1/L2 visa, but I am fairly certain that with E2 visas, even though children are not required to attend interviews, they are required to be in the country the interview takes place in! I have known people renewing these visas to be specifically asked the whereabouts of their children at the time of interview and being asked to produce their passports. Personally, I wouldn't risk leaving my children in the US, but as has been said, everyone makes their own choices and lives with the consequences.
I remember being told this also, when we were renewing our H visas and didn't want to drag the kids to the consulate (we left them with a sitter in the hotel) I'll see if I can find a link for the OP.
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Old Mar 9th 2011, 12:37 am
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Default Re: L1 approval whilst in the US on VWP

Originally Posted by meauxna
Since USCIS has nothing to do with this, I wouldn't be too sure.
OK if not USCIS then the US embassy, either way surely no one has the authority to insist my children be in the same country as me?!
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Old Mar 9th 2011, 12:40 am
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Default Re: L1 approval whilst in the US on VWP

Originally Posted by dwhittles
OK if not USCIS then the US embassy, either way surely no one has the authority to insist my children be in the same country as me?!
I think they probably do if you're expecting that government to grant them a visa.
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Old Mar 9th 2011, 12:47 am
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Default Re: L1 approval whilst in the US on VWP

Originally Posted by dwhittles
OK if not USCIS then the US embassy, either way surely no one has the authority to insist my children be in the same country as me?!
I thought your immigration lawyer said it was OK?
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Old Mar 9th 2011, 12:51 am
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Default Re: L1 approval whilst in the US on VWP

Originally Posted by lisa67
I remember being told this also, when we were renewing our H visas and didn't want to drag the kids to the consulate (we left them with a sitter in the hotel) I'll see if I can find a link for the OP.
I can't find a link, but I do remember being told (I may have phoned the consulate and asked) that my children did not have to attend the interview but did have to be within a certain distance of the consulate.
Again, this was an H visa renewal and was about 4 years ago.
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Old Mar 9th 2011, 1:25 am
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Default Re: L1 approval whilst in the US on VWP

I am certain that people on E2 visas have told me this! The parents must take the child's passport with them to the Embassy and prove the child is in the country - by showing plane tickets if they are renewing visas after being in the US, - and the child's passport is then left along with the parents, to have visa placed in it. As I said, I don't know how that works with L1 as my children didn't come wth me to US, but would suspect that the same situation applies.
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Old Mar 9th 2011, 2:45 am
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Default Re: L1 approval whilst in the US on VWP

I was looking at renewing our visa's in Paris, it says everyone including children under 13 must attend interview. Where as London clearly states children under 13 do not need to attend.

You better check with the Swiss embassy if your children need to attend or not, they all seem different.

Also, have you given any thought to what will happen if you leave your children in the US and your visa's are denied?
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Old Mar 9th 2011, 3:07 am
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Default Re: L1 approval whilst in the US on VWP

Originally Posted by dwhittles
Are you sure? Can anyone else verify this? It seems beyond the remit of USCIS to specify where ones children are?
if the kids were older they would be required to be in the interview with you - so yes i think its a fair 'assumption' that USCIS expects them to be in the same country as their parents whilst making a visa application/interview. Will you be asked about it - i very much doubt it- but i think the spirit of the rules is being bent if the kids are left behind. Your choice to take the risk or not. I personally wouldnt do it - but then i would not have taken them to the US when there was an interview looming in the first place - or place myself in a situation where a suspicious embassy worker wonders just what you are doing in the US right now when you are supposedly not working!
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Old Mar 9th 2011, 5:10 pm
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Default Re: L1 approval whilst in the US on VWP

Originally Posted by dwhittles
... no one has the authority to insist my children be in the same country as me?!
True... but they also aren't obligated to approve visas for the children based on your say so! If the children are too much of a burden to take with you, I submit you probably shouldn't have had any. I don't know what you call it, but I call it responsible parenting!

Ian
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Old Mar 9th 2011, 5:15 pm
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Default Re: L1 approval whilst in the US on VWP

Originally Posted by ian-mstm
True... but they also aren't obligated to approve visas for the children based on your say so! If the children are too much of a burden to take with you, I submit you probably shouldn't have had any. I don't know what you call it, but I call it responsible parenting!

Ian
^Agreed.
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Old Mar 9th 2011, 6:25 pm
  #72  
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Default Re: L1 approval whilst in the US on VWP

not to carp on about the suspicion of working - but what happens if for any reason you do not get a positive result - or the answer is delayed for or something. you would presumable have to fly back to the US (assuming you could get in again so soon on a VWP and following a problematic visa application) and collect the kids and fly home again anyway? Its VERY presumptious that you would automatically get the visa and so would go early on the vwp and then try the funny routine.
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Old Mar 9th 2011, 10:14 pm
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Default Re: L1 approval whilst in the US on VWP

Originally Posted by ian-mstm
True... but they also aren't obligated to approve visas for the children based on your say so! If the children are too much of a burden to take with you, I submit you probably shouldn't have had any. I don't know what you call it, but I call it responsible parenting!

Ian
I don't think a self confessed "sanctimonious prick" is in any position to give advice on parenting.

Perhaps you should try not living up to your tag line for once.
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Old Mar 9th 2011, 10:22 pm
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Default Re: L1 approval whilst in the US on VWP

This is ridiculous, this thread isn't going anywhere.

Good luck to you, OP.
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