fatbrit

It's your train wreck.

You've flitted through half a dozen diverse NIVs in your few posts, and the only thing you've clearly demonstrated is you really have no idea about US immigration.

Here are some examples of purpose driven questions that can be used to generate ideas for a route:
* I'm a UK citizen w/ a PhD in nanotechnology. I have an interview with an interested company who are likely to offer me a job. Can I come over on a VWP for the interview and stay if they offer me the job?
* I'm an Australian citizen. I got a US citizen pregnant 6 months ago while on holiday in Jamaica. I'd like to be part of the child's life. I'm coming over on the VWP for the birth. Where do I go from there?

If you specify a purpose, folks can help. If you skip about looking for loopholes in a system you plainly do not understand, you will most likely come an awful cropper.

believer

thanks.
i got both VWP approved as well as 5 year B1/B2 visa issued. Australians can visit Canada up to 6 months without visa
I may get the message from Change of Status*, perhaps more likely switching the status from the visas the person Already holds (for example, from no work allowed to work-allowed).
Now i wonder if I can choose either VWP or B1/B2 at Immigration ( I know you would think r u nuts applying for visa and using VWP-whats the point!? lol). No laws states you always have to use a B1/B2 visa over a VWP? Sorry this is more of an immigration law studying rather than a realistic use.

crg

If you present a passport with a B1/B2 visa in it, the border guard is NOT supposed to allow you to use the VWP. They are supposed to use the visa.

believer

if I knew exactly i'm going to work/live/etc in the U.S, i wouldn't waste time putting down the questions lol but just go for the visa.
we cant assume people's lives dont change and expectancies and opportunities may never come along the way. of course everyone knows you cant say to the officer "Im coming here to look for work". that would sound too stupid anyhow.
What if a girl comes to U.S on a trip and meets a guy and he wants to marry her now. are we talking about Change of Status now? lol.
and thanks again, questions and answers please, no unnecessary self-reflecting judgments.

Noorah101

If you're just here to ask random questions without any of it applying to you personally, I don't think you'll get much help. Since you've said now "Sorry this is more of an immigration law studying rather than a realistic use.", it makes people not want to participate. We're here to help people with real situations, not help people do a study on immigration law.

Rene

ian-mstm

You're aware, aren't you, that the web site is NOT the law? Further, the US Supreme Court has stated that you can NOT rely on, as accurate, any information given to you by a US government employee.


You just don't seem to "get it". You can't apply for a visa from Canada UNLESS you have some sort of non-visitor status in Canada - and a visitor has no status other than a visitor. You're not talking about a change of status... you're talking about getting some sort of visa! Do you honestly think that either US or Canadian immigration has nothing better to do than entertain your endless convolutions?


Hey... it's a public forum - you get what you get. If you want definitive responses, hire yourself an immigration attorney and waste his time. From where I sit, you're nothing more than a waste of time.

Ian

RBN282

If you have a B1/B2 visa and seek to enter under VWP, you can expect a visit to secondary.
This happened to someone with an Indian passport who was working in Britain. He used to travel to the US on business with a B1 on his Indian passport. Later he acquired an UK passport and travelled on the VWP, some time before the ESTA came into force. He was questioned at secondary since their computer showed a B1 which was still valid. However, he was out of secondary in a few minutes.

believer

thanks, some are good, some other are just snobs with too much self image. just like giving peanut and getting monkey on here. but i understand most "adviseeers" here are just random folks with lots of assumptions and self experience learning from one another. no offence but its true, its a public forum yeah and I can only count on to less than my fingers of some real law geeks on here.

Ray

Thanks ..good luck with your future

believer

ah thanks, so he was apparently able to enter under VWP even he got the visa. I would raise a question myself if I am a CBP officer but keeping in mind, as long as people understand and obey the laws, which is good.
The consulate just replied me today that people can either use an approved VWP or any visa to enter the country. Contradict to someone on here who said before no you cant. I just dont like assumptions on the matter of laws anyway.
good real example. thanks for sharing!

ian-mstm

You really don't get it. Your premise is faulty... since you've, once again, made an assumption - in this case, you've assumed that a consulate worker knows the law.

Ian

Ray

The Consulate is the Dept of State they are not USCIS ..why do you think they know what they are talking about

believer

its funny to see a cat and... a dog on this page sh**ing nonsense next to each other.... i expected more monkeys instead.

Duncan Roberts

First off, it's your life so you have to make your own judgments and then live with the consequences regardless of how bad they may be. Secondly, everyone is trying you help you by giving good advice, for free, on their own time, and because it's not what you want to hear you are turning into a jackass.

Regarding your email from the consulate. Would you get in touch with the people who issue drivers licenses and ask them about zoning laws for your house? Would you call the IRS to find out what you need to do to get a passport? The point is that the people who deal with you when you are trying to get into the country do not work at the consulate or the department who contacted you. Immigration law is tricky and you are relying on information from a source that doesn't know the law. In the case of the Indian who had a visa and then got a UK passport and used the VWP, you are adding 1 and 1 and getting 5. India is not part of the VWP so Indian citizens HAVE to use a visa to come to the US. The UK is part of the VWP so they became eligible when they became a UK citizen. It's not the same as being eligible for the VWP, getting a visa and then not using it. My advice, hire a good immigration lawyer because the way you are going you will do something dumb and make yourself ineligible for the VWP/get your visa canceled/get a ban from returning to the US or all of the above.

Lastly, regarding your statement "we cant assume people's lives dont change and expectancies and opportunities may never come along the way" USCIS can and do assume exactly that. You deal with them for a very specific circumstance.

TheCynick

I'd love to see how this impending train wreck turns out.