Mjdee86

I am a qualified UK lawyer with a large international firm with an office in NY.

I visit the US on holiday a few times per year, and am now looking to get admitted to the NY Bar (my law firm has lots of US clients so having a UK/US dual qualified attorney in the team would play very well).

I intend to visit for less than 90 days this summer, to attend a training programme of revision lectures (less than 18 hours per week contact time) and sit the three exams comprising the bar.

The US embassy in London website states that you are permitted to take the bar exam on a B-1 visa. And short training programmes (which do not give degree credit) are also listed in the B-1 category.

As a GBR citizen I understand that I can travel on VWP in lieu of a B-1 provided I have a return ticket within the 90 day period - which I will have. I will also lease my apartment in London while I'm away (but which will be stated to end when I return).

I presume that I am playing everything by the rules here? I have no intention on seeking employment in the USA (it's much better for holidaying than living, my US friends tell me..!) but I am concerned that an officer at the border might turn me back for some obscure reason.

Does anyone more in the know than me have any suggestions or pointers?

Thanks

Mjdee86

I forgot to mention that I do not intend to work at all during the 90 day period in NYC. I have agreed an unpaid sabbatical with my law firm, which includes a fixed date for my return to the London office (shortly after my return ticket date).

ian-mstm

You seem to have all the bases covered, yes.


That is always the risk for all travelers to the US. However, 99+% of VWP travelers have no issues whatsoever - so there's really no reason to believe you'll have any issues, unless for some reason you have something in your past that precludes you from using ESTA/VWP.


Get a letter from your employer stating the dates you intend to be gone and when you're expected back to work. If you have a copy of your lease, bring it also. The two strongest ties are a job and property. I wouldn't mention that you're letting out your place while you're gone.

Remember - answer only the questions asked, and don't volunteer any information not specifically asked about. So, if the officer asks "Do you know what time it is? " the only correct answer is either "yes" or "no".

Ian

Mjdee86

Thanks Ian that's very reassuring.

Re: my apartment - I actually own it. But for the 3 months while I am away I intend to airbnb it (I will also airbnb a place in Manhattan). Presume I should keep copies of these with me in case they ask specifically?

I have a letter from my work which gives me a fixed return date.

Should I bring evidence that I have enough money? Bank statement?

Also, is the 18 hours per week an actual criterion? If so, I could bring confirmation in writing from Barbri (the course provider) that the course will be less than 18 hours contact time per week. I am concerned that they will think I should be on a student visa (to study the course) or a business visa (to sit the exam). The guidance online is so murky and unclear - with no recourse or contact details to be able to speak to someone to pre-clear it.

It's frustrating that you can plan 3 months of your life, spend thousands on accommodation and exam fees, only to maybe be turned away at the border for a non publicised reason.

I worry about bringing too many documents with me will look like I'm trying to hide something. When in reality I'm just being my usual lawyer-self and want to cover all bases!!

Noorah101

Bring all the documents, but only show specific evidence if specifically asked at the POE.

Rene

Pulaski

Leasing your apartment while you're gone is the only questionable matter I see - per the VWP and B-1/B-2 you are required (supposed) to keep your home outside the US. As Ian said, letting that information slip out might cause you a problem.
Everything, except anything related to leasing his home!

Mjdee86

Thanks. I'll try to sleep on the plane!

But just to check - what I am actually doing (i.e. attending a 10 week Barbri bar review course and sitting the bar exams) is permitted under the VWP?

Amongst my googling, I see conflicting explanations of what "study" and "business" actually mean in practice.

Mjdee86

Thanks Pulaski.

Is it still a concern if I let my apartment over airbnb and the "lease" (if you can call airbnb that) has a fixed end date which coincides with my return air ticket? Surely they don't expect you to keep your own apartment unoccupied whilst you're away?

ian-mstm

This is by design. It gives the CBP officer at the port of entry the widest possible latitude to do his job... which is, by the way, to keep non-US citizens out of the US.


Again, this is by design.


US immigration has absolutely no interest whatsoever in what you do with your apartment. Quite simply, they don't care - and that is their default position when it comes to visitors. They don't care whether or not their rules/regulations (even those unpublished) are inconvenient for the traveler.

Ian

Mjdee86

Ian, understood, thank you.

Although when you say "they don't care" what I do with my apartment while I'm in the USA, do you mean:

1. "They don't care" whether or not I lease it (i.e. I should go ahead); or

2. "they don't care" that it sits there empty making no money for me. I should NOT lease it.

Your responses are much appreciated. Understood that it's discretionary. I just want to know if I'm doing anything which is expressly stated (or anecdotally known) as being not permitted by VWP.

ian-mstm

Both at the same time! US immigration is like that. This is why Pulaski and I both suggested that even if you do lease it, don't mention it when you are talking to the CBP officer. You're not doing anything wrong (= you are allowed to live your life)... but your job is to make it as easy as possible for the officer to say "Welcome to the US!". You don't want to inadvertently mention something that might get him thinking that maybe he doesn't want to welcome you!

Again, there is less than a 1% chance that you'll have any issues whatsoever... so don't dwell on something that is likely never to happen.

Ian

Noorah101

I believe the VWP rules state that you must have a residence outside the USA that you don't intend to abandon. Sends like you have that, since the rent has a definite end date. I doubt you'll be asked about that at the POE anyway, but being proof just in case.

Rene

Pulaski

The rules are that you should keep a home outside the US to return to. IMO your leasing your home is a grey area, and could be interpreted as a breach of the "keep a home" rule". Will US immigration find out? Probably not. Would it make a difference if they did find out? Maybe, maybe not. I don't think renting your home out temporarily while you're away is a great risk, but it isn't a zero risk either. Ian's figure of 1% is probably in the right ballpark, though it is likely an over-estimate IMO.

scrubbedexpat099

AirBnB is not a lease.

Mjdee86

Thanks all. Very helpful replies.

So when they ask the chestnut "what is the purpose of your visit?"... How far do I go in answering that? I don't want to be seen to be omitting information, but I note that you all advise that information should only be shared when directly and explicitly asked.